Can you always exercise the right of withdrawal?

You cannot.

Cases in which you cannot exercise the right of withdrawal (the most frequent):

  • Customized products.
  • Tailored suits.
  • Products that cannot be returned for health or hygiene reasons.
  • Sound or video recordings sealed. Like CD, DVD, ...
  • Sealed computer programs, for example, Microsoft Office.
  • Sealed products that are unsealed when delivered to the consumer or user.
  • Provision of services, once its execution has been completed.
  • Provision of services whose price depends on fluctuations in the financial market.
  • Goods that deteriorate rapidly.
  • Assets that have been mixed with others indivisibly. That is, the consumer acquires a good on one hand and decides to join another. In this case, you can no longer return it.
  • Newspapers or magazines.

What happens if you use what you want to return?

It depends on the product. I give you the following examples.

The first related to clothes, accessories, et cetera: you buy pants, dress, bag, shoes (whatever you can think of) and you put it on and then you want to return it. Here for the mere use there is no right of return.

The second related to food: you buy a drink or food, whatever you want at that time. Know that once opened the right of withdrawal no longer exists.

What happens if what you want to return is broken?

In this case, it differs from whether it is broken by a misuse of the consumer or user or by a product failure.

If the product is broken by a misuse of the consumer or user: there is no right of withdrawal.

If it is broken by a product failure: it depends on the contract, but in this case, the term depends, it would be the right of withdrawal or warranty right.


Copyright Nathalie González

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