Purchase made away from business premises
Purchase made away from business premises is when you, during a meeting with the business operator elsewhere than at the operator’s business premises, conclude an agreement on the purchase of a product or service. Away from business premises means the agreement is concluded at your place of work, an inn/hotel/restaurant, a sports hall, a trade fair, an exhibition, at your own or another consumer’s private residence, etc.
Obligation to provide information
When concluding an agreement away from business premises, the business operator must provide clear, written information on your rights to return as well as the name and address of the person or business you are to contact if you want to return your purchase. However, this only applies if there is right to return. See below on agreements concluded at place of residence, where a right to return does not normally apply.
This information must be provided when the product is given to the consumer. If the service or product has been tailored especially for the consumer, the information must be provided at the meeting where the agreement is concluded.
Right to return
When an agreement is concluded away from business premises, you generally have 14 days right to return.
- For agreements concluded during an excursion, social gathering, show, etc. arranged by the business operator – such as home parties, sales at inns/hotels/restaurants, coach trips arranged with a sales demonstration – there is 14 days’ full right to return.
- For agreements concluded in a public place or at an exhibition, trade fair, etc., there is 14 days’ right to return, unless the agreement is for the purchase of a product, which you pay for and receive at the same time as the agreement is concluded.
- For agreements concluded at the place of residence, workplace or the like, there is no right to return if you have (expressly) requested the business operator’s visit in connection with a specific agreement to purchase a specific product or service. For instance, this applies if you call the business operator or enter the business operator’s shop and ask him/her to come to your home. However, if you agree on a completely different product or service, you have 14 day’s right to return.
- On the other hand, if you ask, during an excursion, social gathering, show, etc. arranged by the business operator or at a trade fair, exhibition or in a public place, the business operator to come to your place of residence, workplace or the like for a demonstration of a product or service, you have 14 days’ right to return if you purchase the product or service.
From what date does the right to return apply
The 14-day period runs from the date of the meeting, if the agreement is for a service or a product that is tailored especially for you, for instance curtains. If the agreement is for the purchase of a product, the period starts from the date you receive the product.
If you do not receive written information on right to return, etc. the right to return period does not end after 14 days, but runs until you receive the necessary information. If an extended period of time has passed from the date the agreement was concluded until you state that you would like to return the purchase, you may still be bound by the agreement because you can lose your right to return due to non-action.
You may cancel the agreement by informing the business operator, before the expiration of the return period, that you wish to cancel the agreement or by refusing to receive the product when it arrives.
When you have informed the vendor that you wish to cancel the agreement, the vendor must collect the product from your address. You must make the product available to the vendor. If the vendor has not collected the product within 3 months, the product is your property, and you are not required to pay for it.
In this case, you are still required to return the product in the same condition and quantity as when you received it.