The consumer has 14 days to withdraw from a distance contract or off-premises contract, without giving a reason and without incurring any costs. This is known as the right of withdrawal.
However, there are exceptions to the right of withdrawal, both for distance contracts and for off-premises contracts. The right of withdrawal may be inadequate, for example, given the special nature of the goods or services. The right of withdrawal must not be applied in the case of goods produced in accordance with the customer specifications or which are clearly personalised.
The recognition of the right of withdrawal may also be inadequate in the case of certain services in which the celebration of the contract implies reserves that the trader may have difficulty in covering if the right of withdrawal is exercised.
For further information, you can read the article 16 of the Directive 2011/83/EU
When the consumer has expressly selected a method of delivery different to the least costly ordinary method of delivery.
The consumer will only bear the direct costs of the return of the goods, unless the trader has agreed to accept the costs or has not advised the consumer that they will be responsible for these costs.
The consumer will only be responsible for the reduction in value of the goods resulting from handling other than necessary to establish the nature, characteristics or functioning of the goods. The consumer will, in no event, be responsible for the reduction in value of the goods if the trader has not informed the consumer correctly.
When a consumer exercises the right of withdrawal after completing a compliance form, the consumer will pay the trader an amount proportional to the part already provided of the service at the moment when the consumer notified the trader of the exercise of the right of withdrawal, in relation to the total of the contract.
Reimbursement of any payment received from the consumer including, where applicable, the costs of delivery, without delay and, in any case, within 14 days from the date on which they were informed of the consumer's decision to withdraw.
Before the end of the withdrawal period (14 days from the contracting of the service or the receipt of the product), the consumer will notify the company in writing of their decision to withdraw from the contract. To do so, they may use any model of withdrawal form which serves to express their unambiguous decision to withdraw.
In addition, the trader may offer the consumer the option to complete and send the withdrawal form electronically or any unambiguous statement via the trader's Web page. In these cases, the trader shall notify the consumer without delay of receipt of the withdrawal via a durable medium.
In the case of withdrawal, all payments made, including the delivery costs (with the exception of additional costs resulting from the selection by the consumer of a different delivery mode other than the least costly ordinary method of delivery offered) are refunded without undue delay and, in any case, within 14 days from the date on which the decision to withdraw was given. The company will make this repayment using the same means of payment used by you in the initial transaction, unless this has been expressly stipulated otherwise. In any case, you will not incur any costs resulting from the reimbursement.
Exceptions to the right of withdrawal:
- The provision of services, once the performance of the service has begun with the consumer's prior express consent and with the consumer's acknowledgement that he is aware that, once the contract has been fully performed by the entrepreneur, he will have lost his right of withdrawal.
- The supply of goods or services the price of which depends on fluctuations in the financial market which the trader cannot control and which may occur during the withdrawal period.
- The supply of goods made to the specifications of the consumer and user or clearly personalised.
- The supply of goods that are likely to deteriorate or expire quickly.
- The supply of sealed goods which are not suitable for return for reasons of health protection or hygiene and which have been unsealed after delivery.
- The supply of goods which after delivery and taking into account their nature have become inseparably mixed with other goods.
- The supply of alcoholic beverages whose price has been agreed at the time of conclusion of the sales contract and which cannot be delivered within 30 days, and whose actual value depends on market fluctuations beyond the entrepreneur's control.
- Contracts where the consumer and user has specifically requested the trader to visit him for urgent repairs or maintenance; if, during such a visit, the trader provides services in addition to those specifically requested by the consumer or supplies goods other than spare parts necessarily used to carry out the maintenance or repair, the right of withdrawal should apply to those additional services or goods.
- The supply of sealed sound recordings, videos or software which have been unsealed after delivery.
- The supply of daily newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications.
- Contracts concluded by means of public auctions.
- The supply of accommodation services for purposes other than the provision of housing, transport of goods, car rental, catering or services related to leisure activities, if the contracts provide for a specific date or period of performance.
- The supply of digital content which is not provided on a tangible medium where performance has begun with the prior express consent of the consumer and user with the knowledge that he/she loses his/her right of withdrawal as a result.
This information is for guidance purposes only. To find out more about your rights, please consult the Spanish legislation and the European legislation directives that regulate e-commerce and the contracting of products and services on the Internet.