2022.11.15

ARN states: right of withdrawal applies

Matter: The customer purchased a hob in December 2021 from the seller's website for SEK 10,500. 2 days after delivery, the customer regrets/cancels the purchase when he discovers scratches from cooking pots on the hob and that there is a beeping sound from the hob.

The seller disputes the cancellation as scratches in a hob are considered a handling error and that it is normal for a hob to make noise when the magnetic field in the hob is activated. The customer is referred to an authorized workshop for inspection of the product.

ARN notes that the right of withdrawal applies in this case even if the buyer has not explicitly asserted it when making the complaint, but based on current practice, any type of complaint during the withdrawal period is perceived as the right of withdrawal being invoked.

ARN further notes, based on the documents and photos in the case, that correct information on the right of withdrawal and the possibility of a benefit deduction was provided by the seller.

ARN partially approves the customer who is allowed to cancel the purchase and determines the utility deduction at 50 % based on the damage caused by the consumer, meaning that the customer will receive 5,250 SEK back of the purchase price upon returning the hob.

Short intro about the right of withdrawal

When selling online or remotely, the buyer always has the right to cancel. The right of cancellation always applies within the cancellation period even if the buyer has not explicitly stated the right of cancellation when making a complaint.

If the seller has not provided the correct cancellation information, it can have major consequences for the seller. In some individual cases, the seller has received completely destroyed products back and the buyer has received the full purchase price back without deductions.

It is therefore extremely important that the buyer receives all information about the right of withdrawal, information about the right of withdrawal form and where it can be found, and that if damage has occurred, the consumer may be responsible for the costs.