Direct selling or sales away from business premises is the sale of goods and services by visiting a consumer at home, at the workplace, or at another location, including outings or product presentations.

When concluding a contract outside the permanent trading venue, a person who offers goods and a contract, must be able to provide the following documents at the consumer’s request:

  • an identity document;
  • a certificate containing the photograph, as well as the position, the name of the seller, the registration number of the seller in the Register of Enterprises or the Register of Taxpayers of the State Revenue Service and the legal address;
  • authorization agreement (if applicable);
  • a certificate of registration of the seller or service provider in the Register of Enterprises or a copy thereof or the registration certificate of the taxpayer of the State Revenue Service or a copy thereof.

The contract must contain the following information:

  • the name (of company), registration number and date, name, address and telephone number (if any) of the seller or service provider;
  • the characteristics and price of the good or service;
  • information on the right of withdrawal.

Can consumer refuse of a product or service purchased outside the business premises?

In accordance with regulatory enactments, if a good or service was purchased by a contract outside the independent trading venue, the consumer has the right of withdrawal and is able unilaterally withdraw from the contract within 14 calendar days from the date of receipt of the product or part of the goods or the service contract by sending the seller or the service provider a refusal form or a written refusal.

The right of withdrawal is the right of the consumer to unilaterally withdraw from the contract within a specified period without paying the penalty, interest or indemnity.

The seller or service provider should provide the consumer with a written withdrawal form specifying the name, surname and address of the seller or service provider at the time of the conclusion of the contract or the transfer of the goods or order, as well as a description of the right of withdrawal.

Remember! You are responsible for maintaining the quality and safety of the product during the term of the right of withdrawal! It is therefore advisable to treat the product with care and to carefully open its packaging.

What to do if you want to exercise the right of withdrawal?

The consumer should send a letter of refusal to the seller or service provider informing them of their wish to withdraw from contract and return a product.

The consumer must address a written refusal to the person whose name (company), name, and address appear on the withdrawal form. If a written withdrawal form is not issued to the consumer, the written refusal shall be made in free form and addressed to the manufacturer, the seller or the service provider contracted. Sending a refusal within a specified period shall terminate the contract and release the consumer from any contractual obligation, except for the costs of returning the goods or thing to the manufacturer, seller or service provider.

It is the responsibility of the consumer to return the product or thing to the manufacturer, seller or service provider (if the good or thing has been received) within seven days of the written refusal. The manufacturer, vendor or service provider is obliged to reimburse the consumer, together with the interest for the good or thing or service, until the termination of the contract, within seven days of receipt of the supporting documents.

If you return a product because the product or service does not comply with the terms of the contract and the good or thing is returned at your own expense, then the producer, seller or service provider must compensate you with the costs of returning the goods or things within seven days after receiving the supporting documents.

Are there exceptional cases where the right of withdrawal cannot be exercised?

The regulation on direct selling does not apply to:

  • real estate construction, purchase and lease contracts or other rights relating to real estate, except contracts for the supply of goods and their incorporation and contracts for the repair of real estate;
  • the supply of food products intended for immediate use in the household and which are permanently supplied by a commercial agent;
  • insurance contracts;
  • securities contracts;
  • contracts for the supply of goods or services concluded on the basis of a trader’s catalog which the consumer can consult without the presence of a dealer representative and foreseeing the continuity of the contract between the trader’s representative and the consumer for the transaction or any future transaction.
  • Both the catalog and the contract shall clearly inform the consumer of his right to return the goods to the supplier within a period of not less than 14 days after their receipt or the right of withdrawal to be exercised during this period without any obligation, except for due care of the goods.

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