Suppliers Can't Charge Consumers For Use Made Of Goods That Are Returned Under Distance Selling Regulations - Pia Messner v Firma Stefan Krueger, European Court Of Justice...

Under the European Union's Directive on distance selling, which has been implemented into English law through the Consumer Protection (Distance Selling) Regulations 2000, consumers have certain rights when entering into contracts at a distance, such as over the Internet, telephone of postal order. Those rights include a cooling off period to change their mind without reason. In the case of goods, this is usually seven working days from the day after delivery. The only charge that can be levied against the consumer for exercising the cooling off right is to charge for the cost of returning the goods. Any costs incurred in delivery to the consumer in the first place must be absorbed by the supplier.

This case involved the European Court of Justice making a ruling on a rule in Germany, under which the supplier sought to charge the consumer for use made of the goods before they were sent back. The ECJ said that any charge for use during the cancellation period was not...

To continue reading

Request your trial