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tled to withdraw from the distance contract for convenience within
fourteen (14) days (formerly seven (7) days) without being subject to
any penalty. The fourteen (14) day period starts running as of the date
of conclusion of the contract for provision of services, and as of the
date of delivery, in case of sale of goods, without prejudice to the exer-
cises until the date of delivery. Such time constraint does not apply
where the consumer was not pre-informed of the right of withdrawal,
which, in any case, cannot be exercised after the expiry of the one (1)
year period following the end of the withdrawal period (formerly three
(3) months).
For the ease of the consumers, a withdrawal form is annexed to the
New Regulation, which may as well be included on the websites of the
suppliers and used by the consumers to exercise the right of withdraw-
al, as well as an explicit written declaration in this regard. In contrast
to the provision on the pre-contractual information, the consumer is the
party who is under the burden of proof with respect to the exercise of
the right of withdrawal.
The consumer is required to return the goods to the supplier with-
in ten (10) days following its notification to exercise the right of with-
drawal; whereas, at the same time, the supplier is required to return the
payment within fourteen (14) days following the aforesaid notification.
The consumer will not be charged for any return costs so long as he
returns the goods through the carrier determined by the supplier.
The consumer is not liable for any changes and deterioration to the
goods within the withdrawal term insomuch as he has used the goods
in accordance with their function, technical qualities and user manuals.
Examples that are in favor of the suppliers are that the fourteen
(14) day return period for the payment had been regulated as ten (10)
days under the Former Regulation; the supplier was required to take
back the goods within twenty (20) days, instead of the consumer
returning it himself; and the types of contracts that were not subject to
right of withdrawal were more limited.
Performance of the Contract and Delivery
Whereas the Former Regulation set forth that the supplier was to
perform the order within thirty (30) days following the order, which
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