MAIL-ORDER SALES
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In the digital age, mail-order sales have become a common transaction in everyday life. The Court has clarified, on several occasions, the rights of consumers in the context of such sales contracts. The cost of delivering goods must not be charged to a consumer who exercises his right of withdrawal (a right which must be exercised within a period of at least seven working days from the date of sale). The consumer may, however, be charged for the cost of returning the goods (judgment of 15 April 2010, Heinrich Heine, C-511/08). In addition, a consumer who exercises his right of withdrawal is not required to compensate the seller for the use of the goods, unless he has used those goods in an unreasonable manner. The effectiveness of the right of withdrawal would be undermined if the consumer had to pay compensation simply because he had examined and tested the goods acquired via mail order (judgment of 3 September 2009, Pia Messner, C-489/07). |
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