Tühistamisõigus

Tühistamisõigus, commonly translated as the right of withdrawal or right of cancellation, is a consumer protection mechanism that allows individuals to cancel certain types of contracts within a specified period without incurring penalties or providing a reason. This right is particularly prevalent in consumer law, offering a cooling-off period for purchases made under specific circumstances.

The primary purpose of tühistamisõigus is to protect consumers from making hasty or ill-considered decisions, especially in situations where they may be under pressure or have limited opportunity to examine the product or service. It is most frequently applied to distance contracts, such as online purchases, mail-order sales, and telephone sales, where the consumer cannot physically inspect the goods or fully understand the terms before committing. It can also apply to off-premises contracts, like those signed at a consumer's home or workplace.

The duration of the tühistamisõigus period varies by jurisdiction but is typically around 14 days. This period usually begins from the date of receiving the goods or the conclusion of the contract for services. During this time, the consumer can notify the seller or service provider of their intention to withdraw from the contract. Upon withdrawal, both parties are generally obligated to return any received goods or payments. There are exceptions to this right, such as for personalized goods, sealed audio or video recordings, or services that have already been fully performed with the consumer's consent.