Distance selling and off‑premises sales of cars
If you have purchased a car through distance selling or off‑premises sales, you generally have a 14‑day right of withdrawal, during which you may cancel the purchase without giving any specific reason. The withdrawal period begins on the day you receive the car.
When is it considered distance selling or off‑premises sales, and when not?
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Distance selling refers to a situation where the consumer and the trader are not present at the same time, and the contract is concluded within a system organised for distance selling, such as an online store, by e‑mail, or by telephone.
A binding contract is formed when you and the trader have agreed on the purchase and its terms.
- Even if the contract is later signed in the trader’s premises or the vehicle is delivered to your home as an additional service, it is still considered distance selling if the contract was concluded earlier through distance communication.
- It is also considered distance selling if the consumer visits the trader’s premises only to obtain information, and the contract is later concluded through distance communication (e.g. online, by e‑mail or telephone).
- It is not distance selling if the contract is first negotiated in the trader’s premises and only finalised later using distance communication.
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Off‑premises sales occur when the contract is concluded outside the trader’s business premises and both parties are present at the same time.
Examples of off‑premises sales include:
- The trader brings the car to your home for a test drive and you conclude the agreement at the same time.
- The trader brings the car to an agreed location outside the business premises for a test drive and you sign the contract on the spot.
- The trader delivers the car to a location of your choice, where you make a binding offer.
Can I always cancel a car purchase made through distance selling or off‑premises sales?
If the car was purchased through distance selling or off‑premises sales, you usually have a 14‑day right of withdrawal, starting from the day you received the car.
However, unless otherwise agreed, you do not have a right of withdrawal for a custom‑made (made‑to‑order) vehicle — that is, a car manufactured or equipped specifically according to your instructions or clearly meeting your personal needs and which the trader cannot reasonably resell without significant loss.
The trader must inform you before the contract is concluded if the right of withdrawal does not apply to a custom‑made order. If this information is not provided, you may, in the case of off‑premises sales, claim that the contract is not binding within 12 months of its conclusion.
Can I cancel the purchase after 14 days if the trader did not inform me about the conditions of the right of withdrawal?
Before concluding the contract, the trader must inform you that a right of withdrawal exists and explain how and within what time it can be used (e.g., by form or e‑mail).
The information must be provided clearly and comprehensibly.
- In off‑premises sales: on paper or another durable medium (such as e‑mail, with your consent).
- In distance selling: using a method appropriate for the form of distance communication used.
If the trader fails to provide the required information:
- The withdrawal period is extended by 12 months, starting from the end of the original 14‑day period.
- If the trader later provides the missing information, the withdrawal period ends 14 days after you received the corrected information.
How do I notify the trader that I am cancelling the purchase?
Notify the trader using the withdrawal form they provided or by e‑mail. Simply returning the car is not sufficient.
Remember: you must be able to prove that you submitted the cancellation notice.
You may cancel the purchase within the withdrawal period without giving a reason.
How must the car be returned when I cancel the purchase?
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The car must be returned to the trader no later than 14 days after you submitted your cancellation notice, unless the trader has agreed to collect the car.
If the car was delivered to your home, the trader must collect it at their own expense.
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The car must be returned to the same place where it was originally handed over, or to another location agreed upon between the parties.
The trader may not require you to return the car to an unreasonably distant location.
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The consumer is responsible for the direct costs of returning the vehicle, unless the trader has agreed to cover them.
Direct costs include only expenses directly related to returning the car, such as fuel.
The trader may not:
- charge administrative or handling fees for the cancellation
- require the consumer to pay for collection of the car — you may arrange the return yourself if you prefer
If the trader did not inform you in advance about who is responsible for return costs and their amount, the trader must reimburse the costs or collect the vehicle at their own expense.
Can the trader claim compensation for the use of the car if I withdraw from the contract?
You should avoid unnecessary driving during the withdrawal period if you are unsure whether you will keep the car.
If the car has only been handled to the extent necessary to determine its nature, characteristics or functioning, you do not have to compensate the trader.
If the car is considered to have been put into use, the trader may claim compensation for depreciation.
You may be required to pay compensation if, for example, you have driven the car more than what corresponds to a normal test drive.
The trader may calculate depreciation based on kilometres driven. As a general guideline, around 100 km may be driven before depreciation can be charged.
If the trader did not inform you about the conditions for the right of withdrawal
If you did not receive this information before the contract was concluded, the trader cannot charge compensation for depreciation.
Can the trader require compensation for cleaning or washing the car?
No. Normal cleaning or washing needs do not justify compensation.
How to make a complaint and negotiate a solution
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If you have a problem related to your right of withdrawal, a refund, or a defective product, first contact the trader from whom you purchased the product or service.
Often, the issue is resolved once you inform the trader promptly.
If the trader does not respond appropriately, make a written complaint describing the issue in detail and specifying your demands.
You may use the Complaint Assistant, which helps you draft the complaint and understand your rights.
Support your claim with any available evidence (e.g., photos, documents, e‑mail correspondence).
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If negotiations do not lead to a solution, you can seek advice from Consumer Advisory Services.
Processing the matter usually requires information about the trader’s position.