taganemisõiguste

Taganemisõigused refers to the right of withdrawal in Estonian consumer protection law. This right allows consumers to withdraw from a distance contract or an off-premises contract within a specified period without giving any reason and without incurring any costs other than those directly related to returning the goods.

The typical withdrawal period is 14 days, which starts from the day the consumer receives the goods, or in the case of services, from the day the contract is concluded. If the seller fails to inform the consumer about their right of withdrawal, this period can be extended to 12 months.

To exercise the right of withdrawal, the consumer must notify the seller of their intention to withdraw. This notification can be done through a clear statement, for example, by sending an email or a letter, or by using a model withdrawal form provided by the seller. Once notified, the consumer has another 14 days to return the goods.

There are certain exceptions to the right of withdrawal. For instance, it does not apply to contracts concerning sealed goods which are not suitable for return due to health protection or hygiene reasons if they were unsealed after delivery. It also does not apply to custom-made goods, perishable goods, or digital content delivered without a physical medium if the performance has begun with the consumer's prior express consent and acknowledgement that they lose their right of withdrawal.

The seller is obligated to refund all payments received from the consumer, including the costs of delivery, without undue delay and no later than 14 days from the day on which they are informed of the consumer's decision to withdraw. However, the seller may withhold the refund until they have received the goods back or the consumer has supplied evidence of having sent them back.