On June 13, 2014, regulations took effect in the European Union (EU) that may impact certain IndiaTradeFair transactions. The regulations, which will implement the EU Directive on Consumer Rights, apply to all IndiaTradeFair buyers based in EU member countries. Note that EU law often allows EU consumers to invoke their consumer law protections even when dealing with businesses based outside of the EU; if you’re based outside the EU and make your listings available to buyers there, you may need to seek legal advice on your obligations. Each EU Member state has adopted its own unique national laws incorporating the directive. Failure to comply with these regulations can invalidate a sale and possibly even violate the law.

Buyers residing in countries that are subject to these regulations have the right to return an item within 14 days of receiving the item. Kindly visit “Your right to cancel and return an order” to know your rights to cancel the order and get the refund.

This right does not extend to custom-made products and certain perishable goods, unless otherwise specified by the seller. Digital content, including artwork and patterns, may not be eligible for return. Rules governing digital content vary by EU member country.

If a buyer exercises their right to return an item, a seller must reimburse all payments, including the original postage charges (excluding express delivery charges), received from the buyer. If a seller has not received returned goods from a buyer, the seller may withhold such reimbursement provided that reimbursement occurs within 14 days of receipt of the returned goods. The buyer is responsible for paying return postage costs unless the seller has agreed to bear those costs. If a seller has not agreed to bear return costs and the item can’t, due to its nature, be returned by post, an estimate of the return costs should be included in the information provided to the buyer relating to cancellation and return.

Please note the above is general information for reference purposes only, is not exhaustive and does not constitute legal advice.

Below is link to a model withdrawal form (in other words, a cancellation form) that a buyer can- but are not obliged to- use if they wish to return a product.

English Withdrawal Form

Consumers in the European Union (“EU”) have certain statutory rights when purchasing goods online. Below is a general description of these statutory rights.

Please note that these statutory rights would apply without prejudice to the Money Back Guarantee and other customer services mentioned in the Buyer Protection page.

RIGHT OF CANCELLATION AND RETURN

In the EU, you are generally entitled to cancel your order to the seller within 14 days from the day on which you (or a third party indicated by you, other than the carrier) received the goods purchased, or from the day of the conclusion of the contract, in the case of services or digital content not supplied in a tangible medium (e.g. CD or DVD).

You are entitled to receive from the seller a refund for the price paid for the products, including the costs of shipping the products to you.

However, if when placing the order you chose a method of shipping more expensive than the cheapest offered by the seller, the seller is not required to reimburse any relevant supplementary costs.

You must bear the cost of returning the purchased products to the seller, unless this cost was not raised before you placed the order or if the seller has offered to bear such cost.

This right of cancellation does not apply to:

·      The supply of goods or services for which the price is dependent on fluctuations in the financial market, which cannot be controlled by the seller and which may occur within the withdrawal period;

·      The supply of goods made to the buyer’s specifications or otherwise clearly personalized;

·      The supply of goods which are liable to deteriorate or expire rapidly;

·      The supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;

·      The supply of goods which are, after delivery, according to their nature, inseparably mixed with other items;

·      The supply of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, the delivery of which can only take place after 30 days and the actual value of which is dependent on fluctuations in the market, which cannot be controlled by the seller;

·      The supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery;

·      The supply of a newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications;

·      The provision of accommodation other than for residential purpose, the transport of goods, car rental services, catering or other services related to leisure activities if the contract provides for a specific date or period of performance;

·      The supply of digital content which is not supplied on a tangible medium if the performance has begun with the buyer’s prior express consent and his acknowledgment that he thereby loses his right of withdrawal.

Please note that you must return to the seller each item without undue delay and in any event not later than 14 days from the day on which you communicate your decision to cancel the order. You will be liable, and not entitled to refund from the seller, for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods, unless you were not informed of your right to cancel the order before placing it.

CONFORMITY GUARANTEE RIGHT

In the EU, you have the right to a minimum 2-year legal conformity guarantee from the seller as from the delivery of new goods. In the case of second-hand goods, the guarantee period may not be less than 1 year.

However, if you were informed that the product you purchased had quality problems, you cannot then claim redress from the seller about those particular defects.

You will have the right to claim redress from the seller to repair the product, or replace it if repair is not a viable option. When repair and replacement are not possible, you may claim a price reduction or a refund from the seller (please note that in some countries, the sales contract cannot be cancelled if the fault is minor, e.g. a scratch on a CD case).

APPLICABLE LAW AND DISPUTE RESOLUTION

The indiatradefair.eu terms and conditions are subject to Poland laws. Such choice does not deprive consumers of the protection afforded by mandatory provisions in the laws of the country of habitual residence, which means that you are entitled to any relevant rights under the laws of the country of your habitual residence.

In case of a dispute regarding a transaction, if the dispute is not resolved through amicable negotiation within the prescribed time period according to the relevant transactional terms, you agree to submit the dispute to the platform for determination. If you are dissatisfied with the platform’s determination, you may apply to the Poland Arbitration Centre for arbitration in accordance with said Transaction Services Agreement, except as otherwise stipulated under applicable law, i.e., this is without prejudice to any rights you may have under Article 18 of the Brussels I bis Regulation (OJ EU 2012 L351/1), which means that you may bring a claim regarding your statutory rights in the EU country in which you live, generally in the courts of the place where you are domiciled.

The European Commission maintains an online dispute resolution platform available at ec.europa.eu/consumers/odr.

CONTACT US

You can contact our IndiaTradeFair Customer Service at sales@indiatradefair.eu.

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Disclaimer: This article contains legal information and not legal advice. If you are uncertain which laws apply to you or you have other legal questions or concerns, please consult a lawyer. The reader assumes all responsibility for any and all use of this information. This page may be updated periodically.