GUARANTEES AND RETURN OF THE GOODS
Pursuant to Decree-Law number 24/2014, of 14th February, the return of goods shall be made in accordance with the following clauses:
Right of withdrawal for distance and off-premises contracts
- The consumer is granted the right to withdraw from a distance or off-premises contract without incurring in any costs other than those provided for in Article 12 (3) and Article 13, and without giving any reason, within a period of 14 days from:
- in the case of service contracts, the day of the conclusion of the contract;
- in the case of sales contracts, the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the goods or:
- in the case of multiple goods ordered by the consumer in one order and delivered separately, the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the last good;
- in the case of delivery of a good consisting of multiple lots or pieces, the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the last lot or piece;
- in the case of contracts for regular delivery of goods during a defined period of time, the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the first good;
- in the case of contracts for the supply of water, gas or electricity, where they are not put up for sale in a limited volume or set quantity, of district heating or of digital content which is not supplied on a tangible medium, the day of the conclusion of the contract.
- If the trader has not provided the consumer with the information on the right of withdrawal as required by Article 4 (1) (j), the withdrawal period shall expire 12 months from the end of the initial withdrawal period, as determined in the previous number.
- If, within the period referred to in the previous number, the trader has provided the consumer with the information provided for in Article 4 (1) (j), the withdrawal period shall expire 14 days after the day upon which the consumer receives that information.
- Provisions of number 1 shall not prevent the parties from establishing a longer period for the exercise of the right of withdrawal.
- The provisions of this article do not exempt compliance with the legal rules regarding the obligation to connect to the public water supply network and the use of abstractions of water for human consumption, in accordance with the provisions of Decree-Law no. 194/2009, of 20 August, as amended by Decree-Law no. 92/2010 of 26 July and Decree-Law no. 226-A / 2007 of 31 May.
Article 11 – Exercise and effects of the right of withdrawal
- The consumer may exercise his right of withdrawal by using the model withdrawal form as set out in part B of the Annex to this Decree-Law or by any other unequivocal statement setting the withdrawal from the contract.
- For the purposes of this Decree-Law, it is considered unequivocal the statement in which the consumer communicates, in his or her own words, the decision to terminate the contract, namely by letter, telephone contact, return of the goods or other means susceptible of proof, in the general terms.
- The consumer shall have exercised his right of withdrawal within the withdrawal period if the communication concerning the exercise of the right of withdrawal is sent by the consumer before the period referred in the previous article has expired.
- When on the trader’s website is given the option to the consumer to electronically fill in and submit the withdrawal and the consumer uses that option, the trader shall communicate within 24 hours to the consumer an acknowledgement of receipt of such a withdrawal.
- The burden of proof of exercising the right of withdrawal in accordance with this Decree-Law is on the consumer.
- The exercise of the right of withdrawal shall terminate the obligations of the parties to perform or to conclude the contract, in cases where an offer was made by the consumer.
- Any contractual terms which impose any penalty to the consumer for the exercise of the right of withdrawal or which conferred a waive thereof are null and void.