Information form on the right to unilateral termination of the sales contract
Information form on the right to unilateral termination of the contract referred to in Article 74, paragraph 1 of the Consumer Protection Act. This document informs the buyer of the right, without stating the reasons for this, on unilateral termination of the contract concluded outside the business premises or concluded at a distance within 14 days. The rights and obligations of the consumer, as well as the obligations and rights of the trader, are listed. For this purpose, below, some of the articles of the Consumer Protection Act (some in full and some in itself in part) are listed.
Right to unilateral termination of the contract
General provisions
Article 72
(1) The consumer has the right, without giving reasons for this, to unilaterally terminate the contract concluded outside the business premises or concluded at a distance within 14 days.
(2) In the case of the conclusion of a sales contract, the period referred to in paragraph 1 of this Article shall begin to run from the day when the goods that constitute the subject of the contract were handed over to the consumer or a third party designated by the consumer, who is not the carrier, the goods that constitute the subject of the contract were handed over to the consumer.
(3) If, on one order, the consumer ordered several pieces of goods to be delivered separately, or if they are goods delivered in several pieces or more consignments, the period referred to in paragraph 1 of this Article shall begin to run from the day when the consumer or a third party designated by the consumer, who is not the carrier, was handed over to the last piece or last shipment of goods.
(4) If the regular delivery of goods is contracted for a certain period, the time limit referred to in paragraph 1 of this Article shall begin to run from the day when the consumer or a third party designated by the consumer, who is not the carrier, was handed over to the first piece or first consignment of goods.
(5) In the case of the conclusion of a service contract, a contract for the supply of water, gas or electricity sold in an unlimited volume or unlimited quantity and the delivery of heat energy, as well as in the case of the conclusion of a contract which is the subject of a digital content that is not delivered on a physical medium, the period referred to in paragraph 1 of this Article shall begin to run from the date of conclusion of the contract.
How to use the right to unilaterally terminate the contract
Article 74
(1) The consumer shall, before the expiry of the deadline for unilateral termination of the contract referred to in Article 72 of this Act, inform the trader of his decision to terminate the contract by means of a form for unilateral termination of the contract or through any other unambiguous statement expressing his will to terminate the contract.
(2) The content and form of the form referred to in paragraph 1 of this Article shall be prescribed by the rulebook of the minister responsible for the field of consumer protection.
(3) If the trader allows the consumer to unilaterally terminate the contract on his website, the consumer may unilaterally terminate the contract by filling out the unilateral termination form or other unambiguous termination statement and sending it to the trader electronically.
(4) In the case referred to in paragraph 3 of this Article, the trader is obliged, without delay, to provide the consumer with a confirmation of receipt of the declaration of termination on a durable medium.
(5) The consumer shall send a statement of termination of the contract before the expiry of the deadline for termination of the contract provided for in Articles 72 and 73 of this Act.
(6) The consumer shall prove that he exercised his right to unilateral termination of the contract in accordance with the provisions of this Article.
The effect of unilateral termination of the contract
Article 75
(1) If the consumer exercises his right to unilaterally terminate the contract referred to in Article 72 of this Act, the parties are not obliged to fulfill their obligations under the contract concluded outside the business premises and the contract concluded at a distance, i.e. in the event that the offer for the conclusion of the contract was made by the consumer, the parties are not obliged to conclude the contract.
(2) In the event of termination of the contract, each party shall return to the other what it received under the contract, in accordance with the provisions of this section.
(3) The consumer shall not be obliged to reimburse any costs that would result from the use of his right to unilateral termination of the contract referred to in Article 72 of this Act, except those provided for in Article 76, paragraph 2 and Article 77 of this Act.
Obligations of the trader in case of unilateral termination of the contract
Article 76
(1) If the consumer exercises his right to unilaterally terminate the contract referred to in Article 72 of this Act, the trader must return to the consumer without delay, and no later than 14 days from the day when he received the notice of the consumer's decision to terminate the contract in accordance with Article 74 of this Act, return to the consumer everything he paid for on the basis of the contract.
(2) By way of derogation from paragraph 1 of this Article, the trader shall not be obliged to reimburse additional costs resulting from the consumer's explicit choice of mode of transport which is different from the cheapest type of standard transport offered by the trader.
(3) In the case of a sales contract, unless he has offered to take over the goods returned by the consumer himself, the trader must refund the paid only after the goods have been returned to him, or, after the consumer has provided him with proof that he has sent the goods back to the trader, if the trader would be informed of this before receiving the goods.
(4) The trader must refund the paid referred to in paragraph 1 of this Article using the same means of payment used by the consumer when making payment unless the consumer expressly agrees to another means of payment, and assuming that the consumer is not obliged to pay any additional costs for such a refund
Obligations of the consumer in the event of unilateral termination of the contract
Article 77
(1) Unless the trader has offered to take over the goods returned by the consumer himself, the consumer must return the goods without delay and no later than 14 days from when, in accordance with Article 74 of this Act, he informed the trader of his decision to terminate the contract.
(2) The consumer shall be deemed to have fulfilled his obligation referred to in paragraph 1 of this Article in time if, before the expiry of the period referred to in paragraph 1 of this Article, he sends the goods or hands them over to the trader, i.e. the person authorised by the trader to receive the goods.
(3) The consumer must bear only the direct costs of returning the goods, unless the trader has agreed to bear those costs or the trader has failed to inform the consumer that he is obliged to bear those costs.
(4) If, in the case of an off-premises contract, the goods were delivered to the consumer in his home at the time of the conclusion of the contract, the trader must take over the goods at his own expense if the goods, due to their nature, cannot be returned in the usual manner by post.
(5) The consumer shall be liable for any impairment of the goods resulting from the handling of the goods, except that which was necessary to determine the nature, characteristics and functionality of the goods.
Exclusion of the right to unilateral termination of the contract
Article 79
The consumer is not entitled to unilateral termination of the contract referred to in this section if:
- the subject-matter of the contract goods which are made to the consumer's specification or which are clearly adapted to the consumer
- the subject of the contract sealed goods which, for health or hygiene reasons, are not suitable for return, if they have been unsealed after delivery
- the subject of the contract supply of digital content that has not been delivered on a physical medium if the performance of the contract began with the express prior consent of the consumer and with his confirmation that he is aware of the fact that he will thereby lose the right to unilateral termination of the contract.
Form for unilateral termination of the contract
For:
2019 KAJ TRIBAŠ d.o.o. All rights reserved.
2018 BOOKINGSUITE
10000 ZAGREB
e-mail: prodaja@wodeck.com
Respected
I hereby inform you that I wish/wish to terminate the purchase agreement:
Account number:_______________________
Account Date:_________________________
Date of receipt of goods: _________________
Name:___________________________
Address:________________________________
Consumer signature:
_______________________________________