Question
Three days ago I bought footwear in one of the shops of Latvia, when I came home I understood that I did not like the footwear, moreover my friend told me that the footwear did not suit me. Can I use the right of withdrawal and take the footwear back to the shop?
Answer
In accordance with Consumer Rights Protection Law , a consumer may exercise the right to withdrawal, only to withdraw from:
- A contract entered into outside the permanent location of sale or provision of services,
- A distance contract.
Therefore the consumer has the right to exchange the obtained goods only in the case of damage. In the case the product is not damaged it is a free will of a seller – to exchange the goods or not.
Question
Yesterday I received a letter from a foreign lottery stating that I had won EUR 100 000. Usually I do not pay any attention to such letters, but this one has been sent from the EU Member State and looks rather official. The company wants to know also my bank account in order to transfer contribution. How should I react to this letter, can I be sure about existence of this lottery and that these EUR 100 000 are mine?
Answer
Very many consumers have contacted ECC-Net exactly in relation to receipt of similar letters, but we always advice NEVER EVER send your bank account details or any other private information to such requests, because in such a way you can only lose your money, but not get it. It is important to remember – without purchasing of a lottery ticket you can not win in a lottery!
Question
After return from my holidays in Crete in the airport I received a damaged baggage. How shall I act in this situation since the baggage is not longer usable?
Answer
At the airport (on the spot) you should fill out a Report on the damaged baggage (PIR), as well as send to the air carrier a written complaint not later than within 7 days after receipt of the baggage.
Question
When arriving in an airport in Germany I found out that my flight to Riga was cancelled. What are my rights and what can I claim from the air carrier?
Answer
First, you may chose to receive either reimbursement of the cost of the ticket or re-routing to another flight. Also in commensurate to the waiting time the air carrier should provide you with free of charge meals and refreshments, possibility to communicate, as well as if the departure of the new flight is at least on the next day after the cancelled flight departure – hotel and transport to the hotel.
The passenger is also entitled to monetary compensation, but only in the case when cancellation did not occur due to extraordinary circumstances. The amount of compensation:
EUR 250, in the case of flights of 1500 km or less;
EUR 400, in the case of flights between 1500 and 3500 km;
EUR 600, in the case of flights exceeding 3500 km outside the EU.
Question
Lately I rather often buy different clothes online, up till now I have not had any problems, however I would like to know how am I protected, if the ordered delivered goods do not meet my expectations?
Answer
In this case you have a period of 14 days within which to withdraw from the ordered goods without penalty and without giving any reason, sending the goods back to the shop. The only charge that may be made to you is the direct cost of returning the goods. It is the duty of the shop to reimburse the sums paid by you and such reimbursement must be carried out as soon as possible and in any case within 14 days. Always remember to keep the packaging and label, if you are not sure whether you want to keep the clothes.
Question
Approximately a month ago I ordered a mobile telephone via Internet shop in Germany and immediately performed payment. Already two months have passed but I have not yet received the goods. How shall I act in this situation?
Answer
In accordance with the Directive 97/7/EC you have the right to receive the goods within 30 days from the day following that on which you have forwarded your order to the Internet shop. If you do not receive the goods during this period, you should send a written complaint to the shop. If also after sending of the complaint the shop does not solve the problem, turn for help to ECC Latvia, which after receipt of your complaint and all the necessary additional documents will forward the matter to European Consumer Centre in Germany.
Question
I have heard about different types of fraud in the Internet environment thus I would like to know what the possibilities to avoid fraudulent Internet shops are?
Answer
Always make sure who the transaction partner is and learn about previous references concerning this particular Internet shop. Attention should be paid to whether the Internet shop has been granted any kind of trustmarks. In no case transfer the money to private bank accounts or via Western Union.
Question
Two days ago in Cyprus I signed a contract on obtaining timeshare property, now I have changed my mind. Can I cancel my contract and get my money back?
Answer
Yes, you may terminate your contract as in accordance with Directive 2008/122/EC a consumer is given a period of 14 calendar days to withdraw from the timeshare contract, without giving any reason.
Question
I obtained accessories for glasses in Internet shop that was registered in Greece, but the information in the Internet page is available in Latvian as well I may place my order in Latvian. The laws and regulations of which country (Greece or Latvia) will be applicable to my purchase?
Answer
According to EU Regulation (EEC) No.593/2008 of the 17th of June 2008, about the law to be applied to contractual obligations (Rome I) contract shall be governed by the law chosen by the parties. However with respect to the choice made concerning consumer contracts a choice of law made by the parties shall not have the result of depriving the consumer of the protection afforded to him by the mandatory rules of the law of the country in which he has his habitual residence, if in that country the conclusion of the contract was preceded by a specific invitation addressed to him or if the other party or his agent received the consumer’s order in that country. From that conclusions may be drawn that in the case the particular Internet shop sells goods only to purchasers of its own country and does not adjust sales to cross-border purchases, the law of the country of the seller shall be applicable, in its turn, if the Internet shop sells goods to purchasers of other countries, the law of the country in which the consumer has his habitual residence shall be applied. Thus in this case the law of Latvia shall be applicable.
