Possibility of withdrawal
The right to withdraw is governed by Articles 102 et seq. of Real Decreto Legislativo 1/2007, de 16 de noviembre, por el que se aprueba el texto refundido de la Ley General para la Defensa de los Consumidores y Usuarios y otras leyes complementarias. Article 103 specifically sets out the exceptions to the application of this right, which do not include the business to be carried out.
With regard to the time limit for exercising this right, article 104 of the same Real Decreto provides that the time limit is 14 calendar days or, as the case may be, 30 calendar days, starting from:
“a) The day of conclusion of the contract, in the case of service contracts.
(b) On the day on which the consumer and user or a third party indicated by him, other than the carrier, acquires physical possession of the goods requested, in the case of contracts of sale, or:
1.o In the case of delivery of multiple goods ordered by the consumer or user in the same order and delivered separately, the day on which the consumer or user or a third party indicated by him, other than the carrier, acquires physical possession of the last of the goods.
2.o In the case of delivery of goods consisting of multiple components or parts, the day on which the consumer or user or a third party indicated by him, other than the carrier, acquires physical possession of the last component or part.
3.o In the case of contracts for the periodic delivery of goods over a specified period, on the day on which the consumer or user or a third party indicated by him, other than the carrier, acquires physical possession of the first of those goods.”
In the same way, there is an obligation on the part of the trader to make it easier for the consumer to withdraw from the sales contract. In the event that the employer fails to comply with this obligation, the withdrawal period will be extended to 12 months after the expiry date of the initial withdrawal period of art. 104.
With regard to the employer’s obligations in the event of the client’s withdrawal, article 107 stipulates the following:
– Reimburse any payment received from the consumer, including, where appropriate, the costs of delivery without undue delay and in any event within 14 calendar days from the date on which the decision to withdraw was made.
– This refund will be made using the same means of payment used by the consumer for the initial transaction, unless the user has expressly provided otherwise. In the latter case, the resulting additional costs shall not be reimbursed.
– The trader may withhold the refund until he has received the goods or until the consumer provides proof of the return of the goods.
– With regard to the personal data of the consumer, the provisions of Reglamento (UE) 2016/679 del Parlamento Europeo y del Consejo, de 27 de abril de 2016, relativo a la protección de las personas físicas en lo que respecta al tratamiento de datos personales y a la libre circulación de estos datos, as well as, Ley Orgánica 3/2018, de 5 de diciembre, de Protección de Datos Personales y garantía de los derechos digitales.
Lastly, the consumer’s obligations are governed by Article 108. They are as follows:
– Unless the trader himself offers to collect the goods, the consumer must return them to the trader or a person authorized to receive them, without undue delay, and in any case within 14 calendar days from the date on which the decision to withdraw from art. 106 was communicated.
– If the consumer returns the goods within 14 calendar days, the deadline is considered to have been met. The consumer shall only bear the direct costs of returning the goods, unless the trader has agreed to bear them or has not informed the consumer that he should bear those costs.
– In the case of distance contracts, as in our case, where the goods have been delivered to the consumer at his home, the trader will collect the goods at his own expense when, by their nature, they cannot be returned by post.