When making a purchase online, a distance contract is concluded, which refers to any sales contract made between a trader and a consumer without the physical presence of the parties, within an organized distance selling scheme, using means of distance communication (mail order, internet, telephone).

It should be noted that one characteristic of a distance contract is that the contract is concluded between a trader and a consumer. Under the Consumer Rights Directive, a “consumer” is understood to mean a person who makes an online purchase unrelated to their commercial, business, craft, or professional activities. On the other hand, a “trader” is understood to mean a natural or legal person who carries out sales online as part of their commercial, business, craft, or professional activities.

Given the above, the regulation of the Consumer Rights Directive does not apply to purchase contracts concluded between two consumers or two natural persons.

Always be cautious when shopping on popular websites, such as eBay, where the seller may be a private individual not engaged in commercial activities.

The Consumer Rights Directive regulates specific aspects of distance contracts concluded between traders and consumers, but given that there are already consumer protection rules in European Union legislation in certain areas, the directive does not apply to certain types of contracts.

Main Exceptions:

• Complex tourism service contracts.
• Contracts regarding timeshare rights.
• Passenger transport services. However, the prohibition of using pre-checked boxes on a website, as well as rules against additional charges for using a credit card (or other means of payment) or hidden costs, also apply to passenger transport contracts.
• Delivery of food, beverages, and other goods intended for immediate consumption at home, which the trader frequently and regularly delivers to the consumer’s home, residence, or workplace.
• Financial services.

Order Confirmation

The trader is obliged to provide the consumer with confirmation of the contract within a reasonable period after the contract is concluded (but no later than at the time of delivery of the goods or before the service starts being provided). The confirmation must be provided in a durable format, such as an email.

The confirmation must include all pre-contractual information, unless it has already been provided on a durable medium (or in a format that allows the consumer to save the information).

If digital content products are purchased, the order confirmation must include information that the consumer agrees to the immediate execution of the contract and acknowledges that they will lose their right of withdrawal as soon as the digital content starts being downloaded or streamed.

Goods Delivery

Unless the trader has indicated a different delivery time on the website, the trader must deliver the goods to the consumer’s physical possession no later than 30 days after the contract is concluded.

If the goods are not delivered within the 30-day period or another specified period, the consumer must agree with the trader on an extension of the delivery period. If the trader does not deliver even after the extended period, the consumer has the right to cancel the contract.

However, if the agreed delivery time or the 30-day period is essential (and the consumer has informed the trader about this), and the trader fails to deliver the goods on time, the consumer should be able to cancel the contract immediately after the initially confirmed deadline. For example, a wedding dress must be delivered before the wedding.

In the case of contract cancellation, the trader must refund all amounts paid by the consumer.

The consumer may encounter a situation where the delivered goods are damaged during the shipping process. It is important to know that the trader is responsible for the goods until they are handed over to the consumer’s physical possession (except when the consumer has chosen the delivery provider).

Always remember to check the goods immediately upon receipt!