tagasivõtmisõigust

Tagasivõtmisõigus, also known as the right of withdrawal or cancellation right, is a legal provision that allows consumers to withdraw from certain types of contracts within a specified period, without needing to provide a reason. This right is primarily designed to protect consumers in situations where they might have made a purchase impulsively or under duress, or where they did not have the opportunity to fully examine the product or service before entering into the agreement.

The scope and duration of the tagasivõtmisõigus can vary depending on the jurisdiction and the specific type of contract. Commonly, this right applies to distance contracts, such as online purchases or contracts concluded by phone, and off-premises contracts, which are those made in person outside of the seller's usual place of business. The typical withdrawal period is 14 days, commencing from the date the contract was concluded or the goods were received.

To exercise the tagasivõtmisõigus, a consumer must usually notify the seller of their intention to withdraw, often in writing. Once withdrawn, the consumer is generally obligated to return any goods received, and the seller must refund any payments made by the consumer, including initial delivery charges, within a specified timeframe. There are certain exceptions to this right, such as for personalized goods, digital content, or services that have already been fully performed with the consumer's consent. The purpose of the tagasivõtmisõigus is to ensure a fairer balance of power between consumers and businesses.