Goods Or Services Contracted Online – The Right To Withdraw Unilaterally

With most contracts, signed for the purchase of goods or services through the internet or by phone, you have a period of ´derecho de desistimiento´ during which you can cancel that contract unilaterally, without giving reason and without penalties as a consequence.

The period is limited, generally between 7 and 14 days and you must follow the procedure as set out by the seller to the letter.

The seller must meet his legal obligation to inform you about this ´derecho de desistimiento´and the terms you need to meet if you want to make use of it when the contract is signed, or in the case of contracted services, when they start to take effect. If he fails to do so, the window will increase to three months (to be amplified to one year shortly). Obviously, if within this period the seller does produce the written information, the shorter window will start as of that moment.

Several insurance companies I have consulted, mention that obligatory insurances like Responsabilidad Civil are excluded from the ´derecho a desistimiento´.
More info from FACUA Consumer Organisation

HERE

Extract translated.

When the user has exercised the right of withdrawal, the businessman will be obliged to return the sums paid by the consumer without withholding expenses. The return of these sums must be made as soon as possible and, in any case, within a maximum period of thirty days from the withdrawal. Furthermore, the consumer who exercises the contractually recognized right of withdrawal will under no circumstances have the obligation to compensate for the wear or deterioration of the good or for the use of the service due exclusively to the reasonable proof that he or she had to do to make a decision about its definitive acquisition. Once this period has elapsed without the consumer having recovered the amount owed, he will have the right to claim a duplicate amount, without prejudice to being compensated for any damages caused to him in excess of said amount. The burden of proof regarding compliance with the deadline corresponds in this case to the businessman. Finally, a crucial aspect of the right of withdrawal is the possible linking of the purchase with a consumer credit, either to partially or totally finance the purchase, prior agreement between the latter and the contracting employer. In this case, the exercise of the right of withdrawal will imply at the same time (provided that a series of requirements are met) the resolution of the credit without any penalty for the user, an aspect that represents an important safeguard for the rights of the consumer. Likewise, and independently of the above, Law 16/2011, of June 24, already provides for a period of fourteen days to annul the credit contract entered into, thus communicating it to the other contracting party within a period of fourteen days. natural without the need to indicate the reasons and without penalty.

Finally, mention that there are exceptions to the exercise of this right of withdrawal, such as transport, accommodation or food contracts. As has been noted, the period of seven business days currently provided for the main contract (the credit contract already has fourteen days as indicated above), is also scheduled to be extended to fourteen days. . This is the result of the approval by the European Parliament of a Directive that strengthens consumer rights in online purchases.

Please note: The information provided is based upon our understanding of current legislation. It is not legal advice but is provided freely to enable you to be properly informed. We recommend that if you are considering taking action, you should seek professional advice.