Division 4
Distance Contracts
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- 52. Definition of distance contract
(1) A contract between the trader and the consumer is deemed to be a distance contract if:
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1) the contract is entered into under a marketing or service-provision scheme used for the entry into of such contracts;
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2) [repealed – RT I, 04.02.2011, 1 – entry into force 05.04.2011]
3) the trader and the consumer are not present simultaneously at the same time upon entry into the contract; and
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4) contracting parties’ declarations of intention for entry into the contract, including consumer’s declaration of intention to assume the contractual obligations (hereinafter order), shall be sent exclusively by means of distance communication.
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(2) Any method which enables a consumer and a trader who are not in the same place at the same time to organise the exchange of information necessary for negotiations and entry into a contract, in particular the use of telephone, radio, computer, facsimile or television or the delivery of addressed or unaddressed printed matter, including a catalogue or a standard letter, to a consumer, or press advertising with an order form, is deemed to be use of a means of distance communication.
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(3) A contract for the provision of investment services and services permissible for management companies and for the conclusion of transactions permissible for credit institutions which complies with the conditions provided for in subsection (1) of this section, an insurance contract and the provision of a service on the basis of a payment order is deemed to be a distance contract for the provision of financial services.
[RT I 2004, 75, 522 – entry into force 10.11.2004]
- 53. Application of provisions
(1) The provisions of this Division apply to a distance contract entered into with a consumer whose residence is in Estonia or in a Member State of the European Union if the contract was entered into as a result of a public offer, advertisement or other such activity in Estonia or is essentially related to the territory of Estonia for any other reason, regardless of which state’s law applies to the contract.
(11) In the case of such contracts of financial services which comprise an initial financial service agreement followed by successive operations or operations of the same nature linked in time, the provisions of this Division shall apply only with regard to the initial contract. In case there is no initial financial service agreement but successive operations or separate operations of the same nature linked in time are performed by the same contractual parties, the requirements concerning provision of information to consumers provided for in §§ 541 and 551 of this Act apply only when the first operation is performed. Where, however, no operation of the same nature is performed for more than one year, the next operation shall be deemed to be the first in a new series of operations and, accordingly, the provisions of §§ 541 and 551 of this Act apply.
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(2) The provisions of this Division do not apply to contracts which are entered into:
1) for provision of social services;
2) for provision of health services;
3) for participation in gambling;
4) for provision of transport services for passengers;
5) for transfer or encumbering of an immovable with real rights or disposal of real rights relating to an immovable;
6) for construction of new buildings or substantial conversion of buildings;
7) for lease of dwellings;
8) by means of notarial authentication;
9) with regard to foodstuffs, beverages or other goods intended for everyday consumption which are delivered during frequent and regular tours of a trader to the residence, seat or workplace of the consumer;
10) by means of automatic vending machines or automated commercial premises;
11) with a provider of electronic communications services by means of a public telephone for the use thereof or for the use of one single connection by telephone, Internet or fax established by a consumer.
[RT I, 31.12.2013, 1 – entry into force 13.06.2014]
(3) [Repealed – RT I, 31.12.2013, 1 – entry into force 13.06.2014]
(4) The right of withdrawal provided for in subsection 56 (1) of this Act shall not apply to contracts the object of which is:
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1) the provision of a service or other continuous performance, if the contractual obligations of the trader are fully met and the provision of the service or other performance has begun with the consumer’s express prior consent and acknowledgement that the consumer will lose the right to withdraw upon performance of the contract by the trader;
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11) the delivery of the goods, provision of services or other performance which price is dependent of fluctuations in the financial market which cannot be controlled by the trader and which may occur within the withdrawal period, including to contracts the object of which is the services related to foreign currency or the securities specified in § 2 of the Securities Market Act;
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2) delivery of goods manufactured taking into account the personal needs of the consumer who is a party to the contract;
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3) for delivery of goods manufactured according to the conditions established by the consumer;
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4) the delivery of such goods which deteriorate or expire rapidly;
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41) the delivery of such goods in sealed packaging which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
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42) the delivery of such goods which are, after delivery, according to their nature, inseparably mixed with other items;
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43) the delivery of such alcoholic beverages, the price of which has been agreed upon at the time of the entry into the contract of sale, the delivery of which takes place after more than 30 days and the actual value of which is dependent on fluctuations in the market which cannot be controlled by the trader;
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44) the carrying out of urgent repairs or maintenance where the consumer has requested a visit from the trader for such purpose;
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5) the delivery of newspapers, magazines or periodicals with the exception of subscription contracts for an indefinite period for such publications;
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6) [repealed – RT I, 31.12.2013, 1 – entry into force 13.06.2014]
7) the delivery of sealed audio or video recordings or computer software if the consumer has opened the package;
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71) the delivery of such digital content which is not delivered on a tangible medium if the delivery thereof has begun with the consumer’s prior express consent and the consumer’s acknowledgement that the consumer thereby loses the right of withdrawal;
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72) the provision of accommodation services, transportation of movables, use of motor vehicles, catering or services related to leisure activities if the trader undertakes to provide the services for a specific date or during a certain period upon conclusion of the above specified contract;
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8) at an auction;
9) for travel and baggage insurance or other similar short-term insurance contracts entered into for a term of less than one month.
(41) The provisions of § 55 of this Act do not apply to distance contracts entered into for provision of financial services.
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(5) If a distance contract also conforms to the provisions concerning contracts entered into between other consumers and the trader, the provisions of this Division apply together with the specifications provided for such other types of contract.
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(6) [Repealed – RT I, 31.12.2013, 1 – entry into force 13.06.2014]
(7) The exception provided for in clause (4) 44) of this section shall not extent to such a contract which is entered into on the occasion of such visit in addition to those ordered by the consumer, inter alia to a contract by which goods are delivered other than replacement parts necessary for making the repairs or carrying out the maintenance.
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- 54. Precontractual information to consumer
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(1) Prior to entry into a contract or making a binding offer by a consumer for this purpose, a trader shall provide the consumer with the following information in a clear and comprehensible manner:
1) data which enable the identification of the trader, in particular the trader’s business name;
2) the address of the registered office of the trader and, where available, the trader’s telephone number, fax number and e-mail address and, where relevant, the address of the registered office and identity of the trader on whose behalf the trader is acting;
3) the address of the place of business of the trader where the consumer can address complaints, if different from the address specified in accordance with clause 2) of this subsection;
4) the main characteristics of the object of contract to the extent appropriate to the object of contract and the manner of presentation of information;
5) in the case of digital content, the method of use thereof, the technical protective measures applied to it and compatibility thereof with any hardware and software of which the trader is aware or should be aware;
6) the total price of the object of contract inclusive of taxes, or where the nature of the object of the contract is such that the price cannot reasonably be calculated in advance, the manner in which the price is to be calculated, and all additional freight, postal, delivery or any other costs, if the consumer has to cover these costs or where those costs cannot reasonably be calculated in advance, information on that such additional costs may be payable;
7) the charge for use of the means of distance communication used for entry into the contract, except in the case such charge corresponds to the normal charge for the use of such means of distance communication;
8) when a consumer has to pay a sum of money as security or provide other financial security, the fact that this has to be done at the request of the trader, and the terms and conditions of such security;
9) the arrangements for payment, delivery and execution of an order and the time by which the goods are delivered, the service is provided or other acts are performed;
10) the minimum duration of the consumer’s obligations under the contract, if it exists;
11) in the case of long-term contracts the duration of the contract, or if the contract is of indeterminate duration or is to be extended automatically, the conditions for terminating the contract;
12) where a right of withdrawal exists, the conditions, time limit and procedures for exercising that right in accordance with subsection 56 (22) of this Act;
13) where a right of withdrawal exists, a standard form of application for withdrawal;
14) the fact that if the consumer withdraws from the contract, the consumer shall bear the costs of returning the goods that constituted the object of the contract, and in the situation where the goods constituting the object of contract by their nature cannot be returned by normal post, the costs of removing the object, if the consumer has to bear these costs;
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15) the fact that if the consumer exercises the right to withdraw from the contract after submitting the application specified in subsection 55 (3) of this Act, the consumer is obliged to compensate the trader for any reasonable costs according to subsection 562 (5) of this Act;
16) where a right of withdrawal is not prescribed according to subsection 53 (4) of this Act, the information that the consumer has no right of withdrawal or, if the consumer may lose the right of withdrawal, information about the circumstances under which the right of withdrawal will be lost;
17) upon offer of the maintenance service of the object of contract or customer service after the performance of the contract, the existence and the terms and conditions thereof;
18) a reminder that the consumer can rely, upon non-compliance of the object of contract with the terms and conditions of the contract, on the legal remedies provided by law;
19) upon grant of additional warranty in addition to the legal remedies provided by law, the existence and terms and conditions thereof;
20) the existence of a code of conduct observed by the trader, if the activities of the trader are based on it, and information on how to obtain a copy thereof;
21) the procedure for handling complaints implemented by the trader, if it exists;
22) the information on the possibilities of the consumer to have recourse to a body settling extra-judicial complaints and disputes and the terms and conditions of recourse.
(2) The information specified in subsection (1) of this section shall be provided or made available to the consumer to the means of distance communication used in an appropriate way and in plain and intelligible language. In so far as that information is provided on a durable medium, it shall be provided in a legible manner.
(3) The information specified in clauses (1) 12), 14) and 15) of this section may be also provided to the consumer by means of using the model instructions on withdrawal specified in subsection (4) of this section. If the trader provides the consumer with the model instructions on withdrawal, that information shall be deemed submitted to the consumer. That information is deemed submitted to the consumer only in the case the trader has properly completed the model instructions on withdrawal from the contract.
(4) The model instructions on withdrawal from contract shall be established by a regulation of the minister responsible for the area.
(5) If the contract is entered into through a means of distance communication which allows limited space or time to display the information, at least the information provided for in clauses (1) 1), 4), 6), 11) and 12) of this section shall be provided to the consumer prior to entry into such a contract to the extent appropriate for the respective means of distance communication. Other information specified in subsection (1) of this section shall be provided to the consumer in an appropriate manner according to subsection (2) of this section.
(6) ) If the trader contacts the consumer by phone for the purpose of entry into a contract, the trader must inform the consumer, at the beginning of the telephone call, of the trader’s name, and where appropriate, the name of the person on whose behalf the call is made, and the business purpose of the call.
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(7) In the case of a contract of indeterminate duration or a long-term contract the objects of which are continuing or recurring orders, the total price specified in clause (1) 6) of this section shall include the total costs per settlement period. Where such contracts are charged at a fixed rate, the total price shall also mean the total monthly costs. Where the total costs cannot be calculated in advance by reasonable efforts, the manner in which the price is to be calculated shall be provided.
(8) If the trader failed to inform the consumer of the obligation to pay the costs specified in clauses (1) 6) or 14) of this section, the consumer shall not bear these costs.
(9) The provisions on the obligation to provide precontractual information specified in subsection 14 (2) and § 141 of this Act shall not apply to preparations for entry into a distance contract.
(10) The trader shall prove compliance with the obligation to provide precontractual information provided for in this section.
(11) The information provided as precontractual information shall form a part of the contract, unless the parties have expressly agreed otherwise
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- 541. Precontractual information to consumer in case of financial service contract
[RT I, 31.12.2013, 1 – entry into force 13.06.2014]
(1) Within a reasonable period of time prior to entry into a financial service contract or making a binding offer by a consumer for this purpose, the provider of financial services shall provide the consumer with the following information on a durable medium in a clear and comprehensible manner:
1) name of the provider of financial services, area of activity, administrative address of the provider of financial services and an addresses relevant in the relations between the consumer and the provider of financial services;
2) the name of the representative of the provider of financial services operating in the state of residence of the consumer and an addresses relevant in the relations between the consumer and the provider of financial services;
3) the name of the trader other than the provider of financial services who mediates, recommends a financial service or participates in the provision of the financial service in any other way, the economic field or profession in which the trader is engaged when communicating with the consumer and an address relevant for the customer’s relations with this trader;
4) the commercial register code or registration number in the case of a provider of financial services entered in the commercial register or in any other similar public register and the name of the register;
5) details of the supervisory authority if an authorisation is required for the activity of the provider of the financial service;
6) the main characteristics of the financial service;
7) the total price of the financial service which the consumer pays to the provider of the financial service, including all the charges, taxes and costs related to the financial service and all the taxes paid via the provider of the financial service or, when an exact price cannot be indicated, the basis for the calculation of the price enabling the consumer to verify it;
8) additional costs for using the means of distance communication required from the consumer and other possible taxes and costs not included in the price and not paid via the provider of the financial service;
9) the procedure for payment for the financial service and circumstances relating to the provision of the financial service and performance of the contract;
10) special risks involved in the financial service arising from the special nature of financial instruments or financial operations or dependence of the price of financial services on the financial markets outside the control of the provider of the financial service, and that previous results are no indicators for future forecast;
11) the minimum term of the contract if the financial service is provided continuously or recurrently during a specific term;
12) the existence or absence of the consumer’s right of withdrawal in accordance with § 56 of this Act, the term and the conditions for withdrawal, including practical guidelines for exercising it indicating, inter alia, the address whereto the application for withdrawal is to be sent, the obligation of the consumer to pay the amount calculated according to subsection 562 (4) of this Act, as well as the consequences of non-exercise of the right of withdrawal;
13) the right of the parties to cancel the contract or withdraw from the contract and the contractual penalties imposed in such cases;
14) the Member State or Member States which laws are taken by the provider of the financial service as a basis for the establishment of relations with the consumer prior to the conclusion of a distance contract;
15) agreements on law and jurisdiction applicable to the contract;
16) in which language the contractual terms and conditions, and the information to be provided during the precontractual phase are provided, and furthermore in which language the provider of the financial service, with the agreement of the consumer, undertakes to provide information during the duration of this distance contract;
17) information on the possibilities of the consumer to have recourse to a body settling extra-judicial complaints and disputes and the terms and conditions of recourse;
18) information on the procedure for compensation for damages not regulated by the Guarantee Fund Act.
(2) If the financial service provided is a consumer credit, the information provided for in clause (1) 12) of this section shall be provided to the consumer with the specification that the consumer may withdraw from the contract on the basis and with the consequences provided for in § 409 of this Act.
(3) The information specified in subsections (1) and (2) of this section shall, taking into account the means of distance communication used, be provided in good faith in compliance with good morals and taking into account the need to protect persons with restricted active legal capacity and in a manner indicating the commercial purpose of the offer. In the case of communication by telephone, the name of the provider of the financial service and the commercial purpose of the telephone call shall be made clearly known to the consumer at the beginning of the conversation.
(4) Information on contractual obligations, to be communicated to the consumer during the precontractual phase, shall be in conformity with the obligations which would result from the law presumed to be applicable to the distance contract if the latter were concluded.
(5) In the case the financial service is offered by communication by telephone, subject to the explicit consent of the consumer only the following information may be given:
1) the name of the caller and his or her link with the provider of the financial service;
2) the main characteristics of the financial service;
3) the price to be paid by the consumer to the provider of the financial service for the financial service, including all taxes paid via the provider of the financial service or, when an exact price cannot be indicated, the basis for the calculation of the price enabling the consumer to verify it;
4) reference to possible taxes and costs that are not included in the price and not paid via the provider of the financial service;
5) the existence or absence of the consumer’s right of withdrawal in accordance with § 56 of this Act, the term and the conditions for withdrawal, including the obligation of the consumer to pay the amount calculated according to subsection 562 (5) of this Act.
(6) If the financial service provided is a consumer credit:
1) the information provided for in clause (5) 5) of this section shall be communicated to the consumer with the specification that the consumer may withdraw from the contract on the basis and with the consequences provided for in § 409 of this Act;
2) the description of the main characteristics of the financial service specified in clause (5) 2) of this section shall contain at least the information specified in clauses 4031 (1) 3) to 8) of this Act, annual percentage rate by means of a representative example and, if necessary, the information specified in clause 4031 (2) 2) of this Act;
3) the description of the main characteristics of the financial service specified in clause (5) 2) of this section shall contain at least the information specified in Divisions 3 to 6 of Part A of Annex to the regulation established on the basis of subsection 4033 (3) of this Act in the case of consumer credit contracts relating to residential immovable property.
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(7) If the financial service provided is the entry into an overdraft agreement specified in subsection 407 (21) of this Act and it is possible to make the overdraft facility available with immediate effect, the description of the main characteristics of the financial service specified in clause (5) 2) of this section shall contain at least the information specified in clauses 4031 (1) 3) and 8) and clauses 407 (21) 3) and 5) of this Act.
(8) In the case provided for in subsection (5) of this section, the provider of the financial service shall inform the consumer that other information is available and describe the nature of this information is. In any case the service provider shall provide full information when fulfilling the obligations under § 551 of this Act.
(9) The provisions of subsection 711 (1) and subsection 7111 (1) of this Act shall apply instead of clauses (1) 1) to 5), 7, 13) and 15) to 17) of this section if payment services are provided for the purposes of subsection 3 (1) of the Paying Authorities and E-money Institutions Act.
(10) The provisions on the obligation to provide precontractual information specified in subsection 14 (2) and §§ 141 and 54 of this Act shall not apply to the obligation to provide precontractual information specified in this section.
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- 542. Entry into contract by telephone
(1) If the parties enter into a contract by telephone, the consumer is bound by the obligations assumed by telephone only in the case the trader has confirmed what was communicated by phone on a durable medium and the consumer has confirmed the intention to be bound by the obligation assumed by telephone in a format which can be reproduced in writing. Upon violation of the requirements specified in this section, the goods, services or other performance delivered by the trader to the consumer shall be deemed to be unsolicited goods, services or other performance for the purpose of subsection 99 (1) of this Act.
(2) The provisions of this section do not apply to financial services.
(3) The provisions of this section shall not apply in the case the contract is entered into on the initiative of the consumer.
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- 55. Confirmation of information
(1) The trader shall provide the consumer with the confirmation of the contract entered into, on a durable medium within a reasonable time after the entry into the contract but not later than at the time of delivery of the goods or before the provision of the service or performance begins.
(2) The confirmation specified in subsection (1) of this section shall include the information specified in subsection 54 (1) of this Act unless the trader has already provided this information to the consumer on a durable medium prior to the entry into the contract, and if the object of contract is digital content, the trader’s confirmation stating that the consumer has given an explicit consent and acknowledgment pursuant to clause 53 (4) 71) of this Act for the commencement of the delivery of the digital content.
(3) Where the consumer wants the provision of services, other continuous performance or sale of water, gas, electricity or heating through a network to begin during the withdrawal period prescribed in § 56 of this Act, the trader shall require that the consumer makes such an express application.
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- 551. Specifications for provision of information in case of financial service contract
(1) In addition to the provision of subsection 541 (1) of this Act, the provider of the financial service shall communicate to the consumer on a durable medium, within a reasonable period of time prior to the entry into the contract or making an offer by the consumer, the conditions of the contract and other relevant information provided by law.
[RT I, 07.07.2015, 1 – entry into force 01.01.2016]
(2) The provider of the financial service shall fulfil the obligation provided for in subsection (1) of this section and subsection 541 (1) of this Act immediately after the entry into the contract, if the contract was entered into on the initiative of the consumer using such means of distance communication which does not enable providing the contractual terms and conditions and the information in conformity with subsection (1) of this section and subsection 541 (1) of this Act.
(3) If the consumer credit contract is entered into on the initiative of the consumer and using a means of distance communication which does not enable to provide the information in conformity with § 4031 of this Act, in particular in the case specified in subsection 541 (5) of this Act, the creditor or the credit intermediary shall provide full information to the consumer, immediately after the entry into the consumer credit contract, pursuant to § 4031 of this Act, using the Standard European Consumer Credit Information form.
(4) If the overdraft agreement specified in subsection 407 (21) of this Act is entered into on the initiative of the consumer and using a means of distance communication which does not enable to provide the information in conformity with subsections 407 (21) and (22) of this Act, in particular in the case specified in subsection 541 (5) of this Act, the creditor or the credit intermediary shall provide full information to the consumer immediately after the entry into the consumer credit contract pursuant to subsection 407 (24) of this Act.
(5) The consumer may request the contractual terms on paper at any time during the period of validity of the contract. The consumer is also entitled to change the means of distance communication used, unless this is incompatible with the contract or the nature of the financial service provided.
(6) Where the consumer wants the provision of financial services to begin during the withdrawal period prescribed in § 56 of this Act, the consumer shall provide express consent for it.
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- 56. Right of withdrawal from contract
(1) A consumer may withdraw from a distance contract within 14 days without giving any reason.
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(11) In the case of a contract the object of which is the delivery of goods, the period specified in subsection (1) of this section shall commence as of the day when the consumer or a third person other than the carrier and indicated by the consumer acquires physical possession of the goods, or:
1) where several goods that are delivered separately have to be delivered to the consumer pursuant to the contract, as of the day when the consumer or a third person other than the carrier and indicated by the consumer acquires physical possession of the goods;
2) where the goods have to be delivered to the consumer in multiple lots or pieces, as of the day when the consumer or a third person other than the carrier and indicated by the consumer acquires the physical possession of the last lot or piece;
3) in the case of a long-term contract the object of which is repeated delivery of goods during a defined period of time, as of the day when the consumer or a third person who is not a carrier and indicated by the consumer acquires physical possession of the first good delivered.
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(12) In the case of a contract the object of which is the provision of a service or other continuous performance, the period indicated in subsection (1) of this section shall commence as of the day of entry into the contract.
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(13) In the case of sale of water, gas, electricity or heating through a network and in the case of digital content which cannot be delivered on a tangible medium, the period specified in subsection (1) of this section shall commence as of the day of entry into the contract.
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(14) In the case of a contract for provision of financial services, the term for withdrawal shall begin from the day of the entry into the contract or from the performance of the obligation provided for in subsection 541 (1) and subsections 551 (1) and (2) of this Act if this takes place after entry into the contract.
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(15) The consumer may withdraw from a distance contract for life insurance or pension insurance within 30 days as of the date on which the consumer is informed of entry into the contract or performance of the obligation provided for in subsection 541 (1) and subsections 551 (1) and (2) of this Act if this takes place after entry into the contract.
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(16) If the trader has violated the obligation to provide information specified in clause 54 (1) 12) of this Act, the withdrawal period shall expire 12 months after the expiry of the expiry of the withdrawal period determined in the manner provided for in subsections (11) to (13) of this section. If the trader delayed the provision of the information on the right of withdrawal specified in the preceding sentence to the consumer but still provided it within 12 months as of the day referred to in subsections (11) to (13) of this section, the withdrawal period shall expire 14 days after the receipt of the information.
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(2) Where a distance contract is a contract for the provision of financial services, the consumer may withdraw from the contract, differently than as provided in subsection (16) of this section, within three months as of the day of entry into the contract, if the trader has failed to comply with the provisions of §§ 541 or 551 of this Act. If the trader provides the consumer with the information provided for in subsection 541 (1) of this Act belatedly but still within three months as of the day of entry into the contract, the consumer may withdraw during 14 days as of the receipt of the information.
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(21) The deadline for withdrawal from a distance contract shall be deemed to have been observed by the consumer if the consumer has dispatched a notification concerning the withdrawal to the trader during the withdrawal period.
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(22) The consumer may withdraw from a contract by means of a standard form of application for withdrawal or by presenting another unequivocal application for withdrawal. The provisions of this section shall not apply to withdrawal from the contract for provision of a financial service.
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(23) The standard form of application for withdrawal shall be established by a regulation of the minister responsible for the area.
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(24) If the consumer uses the website of the trader for sending the application for withdrawal, the trader shall immediately send a confirmation to the consumer on a durable medium concerning the receipt of the application for withdrawal.
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(25) The consumer shall prove withdrawal from the contract in compliance with the provisions of this section.
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(3) [Repealed – RT I, 31.12.2013, 1 – entry into force 13.06.2014]
(4) [Repealed – RT I, 31.12.2013, 1 – entry into force 13.06.2014]
(5) The provisions of this section do not apply if the distance contract is a consumer credit contract.
[RT I 2010, 77, 590 – entry into force 01.07.2011]
- 561. Trader’s obligations upon consumer’s withdrawal
(1) Upon receipt of an application for withdrawal, the trader shall return to the consumer immediately but at not later than after 14 days all the payments received from the consumer based on the contract, inter alia the costs of delivery of the goods borne by the consumer.
(2) Where a consumer withdraws from a contract for the provision of financial services, the provider of the financial service shall reimburse the consumer, immediately upon receipt of the application for withdrawal but not later than 30 days after it, for all payments received from the consumer under the contract.
(3) If the consumer has expressly opted for a type of delivery other than the least expensive type of standard delivery offered by the trader, the trader shall not be required to reimburse the consumer for the costs which exceed the costs relating to the type of standard delivery.
(4) The trader shall carry out the reimbursements specified in subsections (1) and (2) of this section using the same means of payment as was used by the consumer for making the payments, unless the consumer has expressly agreed on the use of other means of payment and provided that the consumer does not incur any service charges or other costs as a result of such reimbursement.
(5) If the object of contract is the delivery of goods, the trader may refuse to make the reimbursements specified in subsections (1) and (2) of this section on the basis of § 111 of this Act until the consumer has returned the goods constituting the object of contract to the trader or until the consumer has supplied evidence of having sent the goods back. The trader shall not have the right specified in this section in the case the trader has agreed to collect the goods constituting the object of contract.
[RT I, 31.12.2013, 1 – entry into force 13.06.2014]
- 562. Consumer’s obligations upon withdrawal
(1) If goods were delivered to the consumer as an object of contract, the consumer shall return the goods to the trader immediately but not later than after 14 days as of making an application for withdrawal or deliver the goods to the trader or a person indicated by the trader. The consumer shall not have the obligation to return the goods specified in the first sentence of this subsection in the case the trader has agreed to collect the goods. The consumer shall be deemed to have performed the obligation to return the goods in due time if the consumer returns the goods constituting the object of contract during the period specified in the first sentence of this subsection.
(2) Where the consumer withdraws from a contract for the provision of financial services, the consumer shall reimburse the provider of the financial service for the money and other objects received immediately but not later 30 days after making the application for withdrawal.
(3) The consumer shall bear the direct costs relating to the return of the goods delivered to the consumer as the object of contract, unless the parties have agreed otherwise. The consumer shall have no obligation to bear the costs if the trader has failed to inform the consumer of the fact that the consumer has to bear these costs.
(4) In the case of any deterioration of the goods subject to return, the consumer is liable for the diminished value of the goods only in the case the consumer used the goods in a manner other than what is necessary to establish the nature, characteristics and functioning of the goods. In order to establish the nature, characteristics and functioning of the goods, the consumer should only handle and use the goods in the same manner as the consumer would customarily be allowed to do in a shop. The consumer shall not be liable for the diminished value of the goods in the case the trader has failed to draw the attention of the consumer to the existence of the right of withdrawal according to clauses 54 (1) 12) and 13) of this Act.
(5) If the consumer exercises the right of withdrawal after submission of the application specified in subsection 55 (3) or subsection 551 (6) of this Act, the consumer shall reimburse the trader for the value of what was delivered as the performance of the contract in proportion to what was delivered up to the time when the consumer withdrew from the contract, taking into consideration the total volume of the contract. The value of what was delivered is determined on the basis of the price agreed in the contract. If the contract price is unreasonably high, the value of what was delivered shall be calculated on the basis of the market value.
(6) In the case of a contract the object of which is the provision of a service, other continuous performance or sale of water, gas, electricity or heating through a network, the consumer is not obliged to reimburse the trader for the value of what was delivered during the withdrawal period if:
1) the trader has failed to provide information to the consumer according to clause 54 (1) 12), 13) or 15) of this Act or in the case of a financial service according to clause 541 (1) 12) or this Act, or
2) the consumer has not expressly applied for the commencement of the provision of a service, other continuous performance or sale of water, gas, electricity of heating through a network pursuant to subsection 55 (3) or 551 (6) of this Act during the withdrawal period.
(7) In the case of the contract the object of which is the delivery of digital content, the consumer is not obliged to reimburse the trader for the value of such digital content delivered to the consumer during the withdrawal period which was not delivered on a tangible medium if:
1) the consumer has not given a prior express consent for the commencement of the delivery of the digital content before the end of the 14-day period provided for in subsection 56 (1) of this Act;
2) the consumer has not acknowledged that the consumer loses the right of withdrawal when giving such consent; or
3) the trader has failed to provide confirmation specified in subsection 55 (2) of this Act.
(8) The claims of the trader arising from withdrawal against the consumer are limited to that provided in this section and subsection 561 (3).
(9) Contract terms which impede the right of withdrawal from being exercised, in particular agreements pursuant to which withdrawal is bound to payment of earnest money or a contractual penalty, are void.
(10) If the distance contract for the provision of financial services is a consumer credit contract, the provisions of § 409 of this Act apply instead of the consequences specified in this section.
[RT I, 31.12.2013, 1 – entry into force 13.06.2014]
- 563. Effect of withdrawal to collateral contract
(1) If the consumer exercises the right of withdrawal provided for in § 56 of this Act with respect to a distance contract, the consumer shall be deemed to have withdrawn from the collateral contract linked to the distance contract which the consumer has entered into with the trader or a third person on the basis of an agreement between the third person and the trader.
(2) If the consumer is deemed to have withdrawn from a collateral contract in the case specified in subsection (1) of this section, the trader or the third person may not require the consumer to bear other costs besides those provided for in subsection 561 (3) and § 562 of this Act.
(3) If a distance contract is a contract for the provision of a financial service which is linked to another distance contract for the provision of the service by the provider of the financial service or any third persons based on an agreement between them, the provisions of §§ 188 to 192 of this Act apply to the consequences of withdrawal instead of the provisions of subsection (2) of this section.
[RT I, 31.12.2013, 1 – entry into force 13.06.2014]
- 57. Effect of withdrawal on consumer credit contract
[RT I, 31.12.2013, 1 – entry into force 13.06.2014]
(1) If a distance contract is a contract economically linked to a consumer credit contract for the purposes of § 414 of this Act, a consumer is deemed to have also withdrawn, in the case of withdrawal from the contract under the conditions provided for in § 56 of this Act, from the consumer credit contract and collateral contracts linked thereto for the purposes of subsection 409 (32) of this Act.
(2) In the case provided for in subsection (1) of this section, the consumer shall not be required to pay interest or expenses. The provisions of §§ 188-192 of this Act apply to other consequences of withdrawal.
(3) If credit is granted by a third party and the amount of the credit has already been paid to the trader, the rights and obligations of the trader with regard to the consumer transfer to the creditor in the case of withdrawal by the consumer.
[RT I, 31.12.2013, 1 – entry into force 13.06.2014]
- 571. Withdrawal from contract linked to contract for provision of financial services
[Repealed – RT I, 31.12.2013, 1 – entry into force 13.06.2014]
- 58. Consequences of withdrawal from contract for provision of financial services
[Repealed – RT I, 31.12.2013, 1 – entry into force 13.06.2014]
- 59. Performance of contract
[Repealed – RT I, 31.12.2013, 1 – entry into force 13.06.2014]
- 60. Restrictions on use of means of distance communication
An offer may be made to a consumer by automated calling systems without human intervention, fax, telephone answering machine or electronic mail only with the prior consent of the consumer. Other means of distance communication which allow individual communication may be used for communicating an offer only if the consumer has not expressly forbidden the use thereof.
[RT I, 04.02.2011, 1 – entry into force 05.04.2011]
- 61. Prohibition on violation of provisions
A person or body provided by law may, pursuant to the procedure provided by law, require a trader who has violated the provisions of this Division to terminate such violation and refrain from future violations.
[RT I, 31.12.2013, 1 – entry into force 13.06.2014]
- 62. Mandatory nature of provisions
Agreements which derogate from the provisions of this Division to the detriment of the consumer are void.