etämyyntisopimuksen

An etämyyntisopimus, or distance selling agreement, is a contract entered into between a seller and a consumer without the parties being physically present in the same location. This typically occurs through various remote communication channels, such as online stores, mail-order catalogs, telephone sales, or television shopping. The primary characteristic is the absence of simultaneous physical presence, necessitating specific legal frameworks to protect consumers.

In Finland, etämyyntisopimukset are regulated by consumer protection laws. These laws grant consumers certain rights, including a right of withdrawal. The consumer usually has a 14-day cooling-off period, starting from the day the goods are received or, in the case of services, from the conclusion of the agreement. During this period, the consumer can cancel the contract without providing any reason and without incurring penalties, provided the goods are returned in substantially unchanged condition.

Sellers are obligated to provide consumers with comprehensive information before the agreement is concluded. This information typically includes details about the seller, the main characteristics of the goods or services, the total price including taxes and any additional costs, payment methods, delivery arrangements, the right of withdrawal, and the duration of the contract. Failure to provide this information can extend the consumer's right of withdrawal.

Exceptions to the right of withdrawal exist for certain types of goods and services, such as personalized items, perishable goods, sealed audio or video recordings, and digital content if the consumer has given consent to start performance and acknowledged the loss of the right of withdrawal. The etämyyntisopimus aims to balance the convenience of remote purchasing with the need for consumer protection.