Right of withdrawal when buying online

When does the right of withdrawal exist?

A contract concluded by means of communication is a contract between a trader and a consumer concluded within a sales or service system used for such contracts, where the parties are not together in the same place when the contract is concluded and their declarations of intent are transmitted exclusively by means of communication (VÕS § 52 lg 1) [4]. Means of communication include, among other things, telephones and computers (VÕS § 52 lg 2) [4].

There is no right of withdrawal, among others, in the following cases (VÕS § 53 lg 2 and 4) [5]:

• passenger transport services and renting a dwelling;
• items made to the consumer's personal needs or specifications;
• items that perish or go out of date quickly;
• sealed items that are unsuitable for return for health protection or hygiene reasons, if unsealed after delivery;
• sealed audio or video recordings or computer software, if the consumer has unsealed them;
• newspapers and magazines, except subscription contracts for them;
• accommodation, transport of goods, car rental, catering or leisure services (for example an event ticket), if the service is to be provided on a specific date or within a specific period;
• paid digital content not supplied on a tangible medium (for example a download), if supply began before the end of the withdrawal period with the consumer's express prior consent and acknowledgement that they lose the right of withdrawal, and the trader has confirmed this;
• a fully performed service, if performance began with the consumer's express prior consent and acknowledgement that they lose the right of withdrawal once the contract has been fully performed.

How is the withdrawal period counted?

The period is 14 days (VÕS § 56 lg 1) [1]. For goods, it starts on the day the consumer, or a third party named by the consumer other than the carrier, physically takes possession of the item; for several items delivered separately, on the day the last item is received (VÕS § 56 lg 1¹) [1]. For services, it starts on the day the contract is concluded (VÕS § 56 lg 1²) [1].

If the trader did not provide the required information on the conditions, time limit and procedure for exercising the right of withdrawal (VÕS § 54 lg 1 p 12) [6], the withdrawal period ends 12 months after the end of the ordinary period; if the information is provided later but within 12 months, the period ends 14 days after the consumer receives it (VÕS § 56 lg 1⁶) [1].

The consumer has withdrawn in time if they sent the notice of withdrawal within the withdrawal period (VÕS § 56 lg 2¹) [1].

How do I withdraw?

You may use the standard withdrawal form or make any other unambiguous statement of withdrawal (VÕS § 56 lg 2²) [1]. If the contract was concluded through an online interface, the trader must also allow withdrawal through a prominent withdrawal button or similar function available throughout the withdrawal period (VÕS § 56⁴ lg 1 and 2) [7]. If the consumer uses the trader's website to withdraw, the trader must promptly send confirmation of receipt on a durable medium (VÕS § 56 lg 2⁴) [1]. The consumer must prove the withdrawal (VÕS § 56 lg 2⁵) [1].

Who bears the costs, and when is the money refunded?

• Refund. The trader refunds the payments without delay and no later than 14 days after receiving the notice of withdrawal, including the delivery costs paid by the consumer (VÕS § 56¹ lg 1) [2]. If the consumer expressly chose a more expensive delivery method than the cheapest standard one offered, the trader need not refund the difference (VÕS § 56¹ lg 3) [2].
• Means of payment. The refund is made using the same means of payment the consumer used, unless the consumer expressly agreed otherwise, and the consumer must not incur fees or other costs as a result (VÕS § 56¹ lg 4) [2].
• Return of goods. The trader may withhold the refund until it has received the item back or the consumer has supplied evidence of having sent it, unless the trader has agreed to collect the item itself (VÕS § 56¹ lg 5) [2].
• Cost of return. The consumer bears the direct cost of returning the item unless agreed otherwise; the consumer does not have to bear it if the trader did not inform them of this (VÕS § 56² lg 3) [3].
• Use of the item. The consumer is liable for a reduction in the item's value only if they handled it beyond what is necessary to establish its nature, characteristics and functioning – that is, more than they would normally be allowed to in a shop (VÕS § 56² lg 4) [3].

A contract term that makes it harder to exercise the right of withdrawal, in particular one tying withdrawal to a deposit or a contractual penalty, is void (VÕS § 56² lg 9) [3].

What the law says

• „Tarbija võib sidevahendi abil sõlmitud lepingust taganeda põhjust avaldamata 14 päeva jooksul.“ [1] (translation: the consumer may withdraw from a contract concluded by means of communication within 14 days without giving reasons; VÕS § 56 lg 1).
• The trader refunds the payments „viivitamata, kuid mitte hiljem kui 14 päeva möödumisel“ [2] (translation: without delay and no later than 14 days) after receiving the notice of withdrawal (VÕS § 56¹ lg 1).
• The item must be sent back „viivitamata, kuid mitte hiljem kui 14 päeva möödumisel taganemisavalduse tegemisest“ [3] (translation: without delay and no later than 14 days after giving the notice of withdrawal; VÕS § 56² lg 1).

What to do

1. Note the day you received the goods – the 14-day withdrawal period starts from it (VÕS § 56 lg 1 and 1¹) [1].
2. Send the trader an unambiguous notice of withdrawal within the period, using the standard form or the shop's withdrawal button if you wish, and keep proof that you sent it (VÕS § 56 lg 2¹, 2² and 2⁵; VÕS § 56⁴ lg 1) [1] [7].
3. Send the goods back no later than 14 days after giving the notice of withdrawal (VÕS § 56² lg 1) [3].
4. If the money has not arrived within 14 days of the trader receiving your notice of withdrawal (for goods, the trader may withhold the refund until it has the goods back or you have supplied evidence of sending them – VÕS § 56¹ lg 5) [2], first complain to the trader – without that, the Consumer Disputes Committee (tarbijavaidluste komisjon) will not accept the application (TKS § 47 lg 1 p 1) [8]. If the trader refuses your claim or you do not accept the solution offered, you can apply to the committee under the Consumer Protection Act (tarbijakaitseseadus, TKS) (TKS § 46 lg 1) [9].
5. The committee resolves disputes between consumers and traders established in Estonia (TKS § 40 lg 3) [10], and the procedure is free of charge for the parties (TKS § 45 lg 4) [11].

Frequently asked questions

Do I have to explain why I am withdrawing?

No. The consumer may withdraw from a contract concluded by means of communication without giving reasons (VÕS § 56 lg 1) [1].

Is a specific form required to withdraw?

No. You can use the standard form or make any other unambiguous statement of withdrawal (VÕS § 56 lg 2²) [1].

Who pays for sending the item back?

As a rule the consumer, unless agreed otherwise; if the trader did not inform the consumer that they bear these costs, the consumer does not have to pay them (VÕS § 56² lg 3) [3].

Can I return goods whose packaging I have opened?

Opening the packaging excludes the right of withdrawal only in certain cases: for example, sealed items unsuitable for return for health protection or hygiene reasons once unsealed after delivery, and audio or video recordings or computer software once the consumer has unsealed them (VÕS § 53 lg 4) [5]. If the consumer used the item more than necessary to establish its nature, characteristics and functioning, they are liable for the reduction in its value (VÕS § 56² lg 4) [3].

What if the online shop did not tell me about the right of withdrawal?

If the trader breached its duty to provide information on the right of withdrawal, the withdrawal period ends 12 months after the end of the ordinary period (VÕS § 56 lg 1⁶) [1]. In that case the consumer is also not liable for a reduction in the item's value (VÕS § 56² lg 4) [3].