kaugmüügilepingu

Kaugmüügileping refers to a contract concluded between a seller and a consumer under an organized distance selling scheme, without their simultaneous physical presence. This typically occurs through the use of distance communication means. Examples of such communication include mail order catalogs, telephone, electronic mail, or online stores. The key characteristic is the absence of face-to-face interaction between the parties at the moment of contract formation.

In Estonia, the legal framework governing distance contracts is primarily found in the Võlaõigusseadus (Law of Obligations Act). This legislation aims to protect consumers by providing them with specific rights and safeguards when purchasing goods or services remotely. A fundamental right afforded to consumers under a distance selling contract is the right of withdrawal.

This right allows the consumer to cancel the contract within a specified period, usually 14 days, without providing any reason. The withdrawal period typically begins from the day the consumer receives the goods or, in the case of services, from the day the contract is concluded. The seller is obligated to inform the consumer about their right of withdrawal, the conditions for exercising it, and the consequences of withdrawal. If the seller fails to provide this information, the withdrawal period may be extended.

The consumer must return the goods to the seller within the withdrawal period, and the seller is generally obliged to refund all payments received from the consumer, including the initial delivery costs, albeit not exceeding the cost of standard delivery. The seller may withhold the refund until they have received the goods back or until the consumer has supplied evidence of having sent back the goods, whichever is the earlier. The consumer may be liable for any diminished value of the goods resulting from handling them beyond what is necessary to establish their nature, characteristics, and functioning.