Entrepreneurs in the competitive struggle competing in events, discounts and creativity gifts and various bonuses, which reward their customers. The promised benefits and gifts have considerable effects on consumer choices. Often the dealers give without asking directly into the bag and only to notify consumers. Customers can take the gifts offered, but not necessarily. No businessman can not allow them to force them. "That's surprising is the seller's claim that interference with contract of purchase, consumers must return the gifts. Such requirements are in terms of the Act permitted. It is not possible to change the initial advantage of a penalty for withdrawal, "says Luke Green, head of the legal department dtest.
Imagine that you buy a coffee maker as a gift to him bottled quality coffee. During the first year of use of the product is still faced with the same defect that the seller fails despite repeated attempts to remove. You decide to exercise the right of withdrawal and return the defective coffee maker. Seller However, even after such a long time begins to demand return of the donation, otherwise there is tearing down the value of the refund of the purchase price. Of course, says that in exchange for a new piece to this concern falls off. Request for refund of gift Complaint resolved termination of the contract works particularly absurd in the case of promotional items such as T-shirt shop.
Provisions of the conditions which proclaims the obligation to return a gift after the cancellation of the sales contract constitutes an impermissible restriction on consumer rights guarantees. At least aims to discourage consumers from exercising the right of withdrawal.
"For such a clause should be disregarded, as if she was not. If the consumer's right to cancel the contract logical consequence of unobserved quality and characteristics of the goods sold, for which the dealer is responsible, not the right to demand repayment of gifts, "says Luke Green.
If you use the right to withdraw from the contract within 14 days, typically in the purchase over the internet, you can also meet the repayment gifts. There are, however, circumstances are different. For here is at the discretion of each customer to decide whether to cancel the contract or the goods with gift to keep. Whichever is acquired should treat gifts. It would be unfair to reap the benefits that come with the purchase of bears if the consumer of his own volition from the purchase agreement exported without any trader to fulfill its obligations.
Source: tz dTest
