Guide contracting between entrepreneurs and consumers: Right of withdrawal (II)

guia consumidores y usuarios








In recruiting among businesses and consumers as keynotes include the right of withdrawal and unfair terms.

The right of withdrawal

Article 68 the LGDCU defined as the ability of the consumer to rescind the contract, notification to the employer at the legal limit set, without giving any reason and without penalty.

Is an exception to Article 1.256 of the Civil Code which provides that the enforcement of contracts can not be left to one party. East right of withdrawal is different depending on the circumstances, depending concerned the sale of retail products (art.10 LOCM), movable property in installments (art.9 LVPBM), outside business premises (art.110 LGDCU), the distance (Arts. 101 and 102 LGDCU y 44 and 45 LOCM) or financial services (Arts. 10 and 11 LCDSF, art. 6 Law 2/2009 of 31 March).

The employer is obliged to inform the right to withdraw if consumer (art. 69 LGDCU). Articles 70 a 79 LGDCU collect the details of this right:

  • The withdrawal by the consumer does not require any special formality.
  • His term minimum is 7 days, unless a special law appoint a different.
  • Not imply no expenditure consumer.
  • It involves performance mutual restitution, without deducting costs.
  • If the consumer can not return, it will return your market value, unless it exceeds the purchase price.
  • If the property was financed, also involves the withdrawal resolution of credit without penalty.
  • The non-exercise of withdrawal, does not affect the ability to exercise further actions for revocation or termination of the contract.

In a future post we see the general conditions and unfair terms in contracts between businesses and consumers.

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