Door-to-door selling
If you have concluded a contract with a trader to buy goods or receive a service at your home, in your workplace, in the street, in a shopping centre or in the car park of a shopping centre, it is considered an off-premises contract.
Before concluding a contract, the trader must provide, in addition to detailed information on the goods or services to be purchased and the terms of the contract, a sample guide to withdrawing from the contract.
The consumer (or a third party other than the carrier named by the consumer) has the right to withdraw from the off-premises contract within 14 days of receiving the goods or, in the case of a service, from the conclusion of the contract. In the case of a long-term contract which involves the repeated delivery of goods within a specified period, the 14-day withdrawal period begins on the day on which the consumer physically takes possession of the first item delivered. The consumer does not have to justify the withdrawal to the trader.
If the trader has not informed the consumer of the right to withdraw from the contract, the consumer may do so within 12 months of receiving the goods or concluding the service contract.
If the consumer withdraws from the contract, the trader must return the money to the consumer immediately, but not later than within 14 days as of the withdrawal. The consumer must return the goods to the trader within the same period.
The provisions of an off-premises contract do not apply if the goods or services purchased cost 20 euros or less.
The 14-day right of withdrawal does not apply:
- if the consumer has made the purchase in a regular store, or
- if the contract has been concluded at a representative office of the company.
The consumer has the right to submit a complaint with the trader concerning the non-compliant goods within two years of receiving the goods. The burden of proving the cause of the defect lies with the seller in the first year after the purchase. After that, the consumer must prove these facts.
More information on the right to submit a complaint can be found on the website of the Consumer Protection and Technical Regulatory Authority.
If the trader refuses to resolve the complaint of the consumer or the consumer does not agree with the solution proposed by the trader, the consumer may submit an application to the Consumer Disputes Committee for resolution.
Telemarketing
You will not be bound by your verbal consent to enter into the contract given at the time of the sales call. Acceptance of the contract is binding only if you have confirmed your intention to the trader in a form that can be reproduced in writing (e.g. by e-mail or SMS).
Before concluding the contract or placing an order, the trader must send you information, which includes the trader’s business name and contact details, including the address to which complaints can be filed; the main characteristics of the goods or services; the price; postage, transport and other related costs; the payment procedure; the conditions for withdrawal and the term for the right of withdrawal or the absence of such a right; the existence and conditions of the sales warranty; and any other information required by law.
The consumer has the right to withdraw from the product or service ordered by telephone within 14 days without giving reasons.
When inspecting the item, keep in mind that you should not use the item more than you would in a regular store. If you have used the item to be returned in ways that go beyond what is necessary for its inspection and verifying its characteristics, you will not lose the right of withdrawal, but the trader has the right to reduce the amount to be refunded to you to the extent of the loss of value.
If you have received a free sample pack and do not want paid packs in the future, call or write to the trader who sent the pack immediately and let them know that you want to refuse. Find out if the sample pack is a one-time free order or if you will start receiving products at a certain time and you will have to pay for them.
If the trader has not informed you of the right to withdraw from the contract, you may withdraw from the contract within 12 months of the receipt of the goods or the conclusion of the service contract. If you have not ordered the offered goods but you are still sent a pack and an invoice, do not ignore it. Let the trader know that you are cancelling the shipment.
If you withdraw from the contract, the trader must return to you immediately, but not later than within 14 days of the withdrawal, all fees paid by you, including the cost of delivery for the product. You must return the product to the trader within a period of up to 14 days from the date of the withdrawal. Unless you have agreed otherwise with the trader, you will have to pay the cost of returning the product.
The consumer has the right to submit a complaint with the trader concerning the non-compliant goods within two years of receiving the goods. The burden of proving the cause of the defect lies with the seller in the first year after the purchase. After that, the consumer must prove these facts.
More information on the right to submit a complaint can be found on the website of the Consumer Protection and Technical Regulatory Authority.
If the trader refuses to resolve your complaint or if you disagree with the solution proposed by them, you may submit an application for the resolution of the dispute to the Consumer Disputes Committee.
More information on different selling methods can be found on the website of the Consumer Protection and Technical Regulatory Authority.
References
Services
- Application to the Consumer Disputes Committee (in Estonian)
- Customer service environment of the Consumer Protection and Technical Regulatory Authority (in Estonian)
- Filing a complaint in relation to cross-border transactions in the EU
- Web-based resolution of complaints related to online traders (ODR Platform)