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CONSUMER LAW
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from the date of delivery and for other contracts the withdrawal period
will run from the conclusion date of the contract.
In subparagraph 4 of article 7, the types of contracts to which the
right of withdrawal does not apply, are established.
In subparagraph 5 of article 7, it is regulated that if the seller, supplier
or a third party in cooperation with them grants loan to the consumer for
complete or partial fulfillment of his obligations arising from distance
contract, the loan agreement will also be cancelled without any liability
of reimbursement or penalty when the consumer exercises his right of
withdrawal from the distance contract. However, it is stated that the
consumer must also send his withdrawal notice to the creditor and the
liabilities of the parties are reserved.
The consequences of withdrawal are regulated in article 8 of the
Regulation. The seller and the supplier are obliged to refund the sums
paid by the consumer or return back any debenture given by the consumer
without charging expenses and within ten days and also receive back
the goods within twenty days following the receipt of the withdrawal
notice.
It is accepted that the consumer can still exercise his right ofwithdrawal
in spite of decline in value of the goods or any reason which prevents
returning back the goods. However, it is stated that if such occasion
occurs due to the consumer’s fault, then the consumer must reimburse
the total value or the decline in value of the goods. It is indicated that any
change or deterioration arising from ordinary usage of the goods will not
be considered as decline in value.
“Performance of contract” is regulated in article 9 of the Regulation.
Pursuant to this article, the seller or the supplier is obliged to perform
his obligations arising from the contract within thirty days following the
receipt of the purchase order and this period can be extended up to ten
days provided that the consumer is previously informed.
It is stipulated that in case of impossibility of performance, the
consumer must be informed and any sums paid by the consumer must
be refunded or any debenture given by the consumer must be returned
back within ten days. Furthermore, it is also stipulated that the situation