Retailers can't Charge Customers Delivery Charges if they Cancel Contract Under Distance Selling Directive - Handelsgesellschaft Heinrich Heine GmbH v Verbraucherzentrale Nordrhein-Westfalen eV, Court of Justice of the European Union
Under European Union contract law, consumers are generally entitled to a cooling off period in which they may change their minds and obtain a refund for goods purchased at a distance. In this case, the Court of Justice of the European Union (formerly the European Court of Justice) has ruled that, under the Distance Selling Directive – which contains that law – it is unlawful to require the consumer to pay for delivery costs so that they only get a refund on the price of the goods. This mirrors and reinforces a previous decision of the Office of Fair Trading in the UK, but the CJEU ruling holds much more weight. If the terms and conditions are drawn up well, the business can still require the consumer to foot the bill of paying for the delivery costs involved...
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