Before purchasing goods or services online, make sure to read the terms and conditions for ordering goods. If the information provided is not sufficiently clear, contact the e-shop and ask the seller to provide the relevant information in writing. This is necessary for resolving possible later claims.
For online purchases, it is recommended to save, print and store all information and correspondence relating to the purchase (description of the product or service, order form, confirmation of receipt by the trader, etc.).
Before making a purchase, the consumer must be provided with:
- the name, business address, telephone number, and email address of the trader, and if the trader offers other means of online communication that enable the consumer to retain correspondence with the trader on a durable medium, including the date and time of such correspondence, the details of such means;
- main characteristics of the goods or services;
- the price of the goods or services, including taxes and other constituent elements of the price and their amount, the amount of advance payment must be stated in the terms of the contract;
- postage and transport costs and taxes;
- the procedure of payment for the goods or services, as well as the conditions for the transfer of the goods or provision of service;
- the right of withdrawal, i.e. the period within which it is possible to return the ordered goods and practical instructions for exercising the right of withdrawal.
When completing the order, it must be borne in mind that the transaction is concluded between a consumer and a legal person. Transactions between two private persons are not covered by consumer protection rules.
14-day right of withdrawal
Considering that internet purchases do not allow inspecting the desired products as closely as one would at a regular store, the consumer has the right to withdraw from a distance contract within 14 days after receiving the product. In the case of a service, the term of contract begins with the conclusion of the contract.
The 14-day right of withdrawal does not apply to:
- goods that have been produced by taking into account your specific needs (e.g. according to your measurements);
- goods that are perishable or which have expired;
- periodicals (e.g. magazines);
- audio and video recordings and computer software, if the consumer has opened them;
- goods that cannot be returned because of their nature.
With regard to withdrawal, the following should be taken into account.
- If the trader has not informed the consumer of the right to withdraw from the contract within 14 days, the consumer may withdraw from the distance contract within 12 months of receipt of the product.
- As a general rule, the return costs will be covered by the trader, however, they can assign that commitment to the consumer as well, but then it should be reflected in the ordering terms and conditions.
- If the consumer decides to withdraw from the contract, any sums paid by the consumer (including postal fees paid by the consumer for delivery) shall be refunded to the consumer immediately, but no later than within 14 days after withdrawal. Within the same period, the consumer must return the goods to the trader.
- Often, the return costs will be covered by the trader, however, they can assign that commitment to the consumer as well, but then it should be reflected in the ordering terms and conditions.
- Withdrawal from a contract must not be made complicated or unreasonably burdensome for the consumer. It must be possible to withdraw easily and quickly via the online store’s website.
Filing a complaint
In addition to the right to renounce the purchase within 14 days, the consumer has the right to file a complaint with the trader regarding goods that do not correspond to the contract or are defective. Thus, if there is a defect in the goods, the consumer has the same rights, regardless of whether it has been bought in an ordinary shop, e-shop, by mail order and telephone or in public transport, for example. The complaint may be lodged within two years of receipt of the goods. Please be aware that 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.
If the trader refuses to resolve the consumer’s complaint or if the consumer disagrees with the solution proposed by them, the consumer may submit an application for the resolution of the dispute to the Consumer Disputes Committee (in Estonian), also the European Consumer Centre of Estonia offers the help and guidance services. If you have made a purchase from an online store in a European Union Member State, you can seek assistance in the event of a dispute from the EU Consumer Centre (www.consumer.ee).
Blacklisted e-shops
The Consumer Protection and Technical Regulatory Authority places traders on the so-called blacklist if they fail to comply with the decisions of the Consumer Disputes Committee and do not respect consumer rights. The list is available at: https://jvis.ttja.ee/modules/tarbijavaidluskomisjoni-otsused/mustnimekiri
We recommend that before making a purchase, you check the background of the trader and make sure that they are not included on the blacklist.
More information on online shopping 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)
- Submitting a complaint in relation to cross-border transactions in the EU
- Web-based resolution of complaints related to online traders (ODR Platform)