The world of e-commerce is growing steadily, and with it comes the increased importance of understanding consumer rights. One of these basic rights is the right of withdrawal in online purchases, an issue that can be confusing to non-experts. This article aims to provide a clear and detailed overview of how online lemon law works and what the protections are for consumers.
What Does the Right of Withdrawal Imply?
The right of withdrawal is a right guaranteed to consumers within the European Union, including Italy, to return a product purchased online within a specified period of time.
The Basics of the Right of Withdrawal
- Length of Withdrawal Period: Generally, the natural person customer has 14 days to exercise the right of withdrawal from the date of receipt of the product. In certain cases, however, the withdrawal period may be extended beyond the classic 14 days. This can happen when customers are not properly informed of their withdrawal rights. This extension can be up to one year and 14 days!
- How to Exercise the Right: To exercise the right of withdrawal, you must notify the seller of your decision through an explicit statement. As an entrepreneur, have you clearly specified how and when the return is to take place? A well-written contract can save you headaches and unexpected costs!
- Refund: Do you know that you have to refund the customer within 14 days of withdrawal? And that the mode of reimbursement should be clear and transparent? After exercising the right of withdrawal, the seller, in fact, is required to refund all payments received, including shipping costs, within 14 days of receipt of the returned goods or proof of shipment.
Exceptions to the Right of Withdrawal
- Custom Products: The right of withdrawal cannot be exercised for custom-made or clearly customized products. If you sell customized products, do you know that the right of withdrawal does not always apply? This includes items that cannot be resold because of specific customizations. This is a crucial point to make clear in your terms and conditions!
- Sealed Goods: Products that are not suitable for return for health protection or hygienic reasons and that have been opened after delivery.
- Digital Content: Where the provision of digital content is initiated with the consumer’s express consent and acceptance of the loss of the right of withdrawal.
As a lawyer who also specializes in e-commerce, I want to share with you some of the most frequently asked questions (and their answers) about updates to the Consumer Code.
Take note, this information is critical!
- Q1: What does the new Consumer Code say about the right of withdrawal?
- A1: The consumer has the right to withdraw from a contract within 14 days without having to provide any justification. But beware, there are important exceptions!
- Q2: What are the main exceptions to the right of withdrawal?
- A2: Exceptions include customized products, goods sealed for hygiene or health reasons if opened after delivery, and digital content provided online (such as video courses, software, ebooks, music).
- Q3: As a digital entrepreneur, what do I need to do to comply with these regulations?
- A3: Make sure your terms and conditions are up to date, clear, and in accordance with the Code. It is essential to inform clients of their rights and exceptions.
- Q4: What are the consequences if I do not meet these standards?
- A4: You could face complaints, order cancellation, refund requests, and in serious cases, legal penalties. Proper information and compliance are critical to avoid legal risks.
- Q5: Does the withdrawal period start from the time of purchase or delivery?
- A5: The 14-day period for exercising the right of withdrawal begins when the consumer, or a third party designated by the consumer, physically receives the goods. For services, however, from the day the contract is concluded.
- Q6: If the consumer exercises the right of withdrawal, who pays for the shipping cost of returning the goods?
- A6: Unless otherwise specified in your terms, the cost of return is the responsibility of the consumer. It is important to specify this information clearly to avoid misunderstandings.
- Q7: What information should I provide to my customers about the right of withdrawal?
- A7: You must provide clear and understandable information about the right of withdrawal, including the deadline for exercising it, how to communicate the decision to withdraw, and any exceptions.
- Q8: As a lawyer, what is your main advice for digital entrepreneurs regarding the Consumer Code?
- A8: My advice is not to underestimate the importance of proper legal information. A well-drafted contract and clear terms not only protect your business, but also strengthen your customers’ trust.
Let’s delve further into the crucial issues on the Consumer Code!
- Q9: What happens if I don’t inform my customers about the right of withdrawal?
- A9: If you do not provide adequate information about the right of withdrawal, the period for exercising it may extend to 12 months and 14 days. This can lead to an unexpected and prolonged financial commitment to your business.
- Q10: Can I change the withdrawal policy at my discretion?
- A10: Any modification must comply with applicable laws. You can specify more favorable terms for the customer, but you cannot restrict the rights that the Consumer Code guarantees consumers.
- Q11: How can I ensure that my contracts and terms are always up to date?
- A11: The best way is to work with a lawyer who specializes in digital law and e-commerce. This will ensure that your legal documents always comply with the latest regulations.
- Q12: What are the benefits of having well-defined terms and conditions on my e-commerce site?
- A12: Having clear terms and conditions not only protects you from legal risks, but also improves your customers’ transparency and trust, which are critical to the success of an online business.
Remember, in the digital world, prevention is better than cure. Keep your business safe and compliant to navigate the e-commerce world with confidence.
Focus on Telephone Sales and the Duties of Your Salesperson
The world of e-commerce is not the only field where the Consumer Code plays a key role. Telephone sales also has its specifics. Let’s look together at some key points:
- Q13: What are the seller’s obligations in telephone sales under the Consumer Code?
- A13: During a telephone sale, the seller is required to provide the consumer with all information about the product or service in a clear and understandable manner. This includes price, product features, seller identity, and right of withdrawal.
- Q14: Does the seller have to show the contract before purchase?
- A14: Yes, it is mandatory for the seller to provide the consumer with a copy of the contract or the terms and conditions of sale before the purchase is concluded. This can be done by e-mail or through another digital medium that ensures that the consumer can consult the document before committing.
- Q15: What risks do I run if I do not comply with these rules in telephone sales?
- A15: Failure to comply may lead to penalties, invalidity of the contract, or the possibility of the consumer exercising the right of withdrawal more extensively.
- Q16: How can I ensure that I am acting in compliance during telephone sales?
- A16: It is essential to have clear and compliant procedures. Make sure your sales team is well informed about regulations and uses scripts and materials that meet legal requirements.
Maintaining transparency and compliance in telephone sales is not only a legal obligation, but also strengthens customers’ trust in your brand.
This information provides a basis for better understanding your rights when shopping online, enabling you to make more informed and safer choices.
P.S.: Contact me here if you don’t want to have problems with your e-commerce: https://orestemariapetrillo.it/contattami/