Trading outside the permanent trading venue
Doorstep trading, or trading outside a permanent economic or professional place of activity, is the sale of goods and services, in the simultaneous physical presence of the trader and the consumer in a place outside the premises of the trader, for example at the consumer's home or at the workplace, during an outward or presentation organised by the trader, or in the trader's permanent place of economic or professional activity immediately after the trader, have personally and individually addressed the consumer in a place other than the trader's permanent place of business or professional activity.
Doorstep trading usually takes place at a surprise moment and possibly psychological pressure, regardless of whether you have requested a visit from the trader, so you may not be able to adequately assess the quality and price of the product or service compared to other offers.
Internet sales, via telephone or via mail, without a personal appointment of the direct seller and the customer, are not direct sales, it is distance trading.
Pre-contractual information
Before the consumer has entered into a commitment or has agreed to the offer, the seller or service provider shall provide the consumer with pre- contractual information clearly and comprehensively (for example, the seller or the service provider has a duty to inform the consumer of the right of withdrawal, including by informing the consumer of the absence of a right of withdrawal, if the right of withdrawal is not applicable in accordance with regulatory enactments), paragraph 5), which shall be retained in paper form or on a durable medium and shall be considered as an integral part of the contract and may be amended only if the Parties so agree.
In the event of a dispute, the seller or service provider is obliged to demonstrate that the consumer has been provided with the information specified in the Regulations.
If the seller or service provider has not provided information regarding additional payments or return costs of the goods (links to Sub-paragraphs 5.6 and 5.11 of the Regulations), the consumer shall not be obliged to pay such payments or to cover such costs.
Before entering into a contract, make sure:
- whether all the costs of the contract, including the amount of monthly payments, delivery and installation costs, are clearly understandable whether the amounts indicated in the contract are tax-free;
- the understanding of the rights and obligations arising from the signature of the contract in question;
- whether the price of the proposed product or service is indeed special and beneficial.
Right of withdrawal
The right of withdrawal is the right of the consumer to unilaterally withdraw from the contract within a specified time limit, without giving any justification.
If the goods or services were purchased by entering into a contract outside the permanent place of economic or professional activity, the consumer has the right to exercise the right of withdrawal and to unilaterally withdraw from the contract within 14 calendar days. This time limit shall apply where the seller or service provider has provided the consumer with information on the conditions, time limits and procedures for exercising the right of withdrawal, and has issued a withdrawal form. . (Links to Annex B)
The number of time limits for exercising the right of withdrawal:
- where a service is provided, from the date of conclusion of the contract;
- where the goods are purchased, from the date on which the consumer or a third party other than the carrier, designated by the consumer, has obtained the goods in possession;
- where the consumer has ordered several goods supplied separately on the same order, from the date on which the consumer or a third party other than the carrier, identified by the consumer, has obtained possession of the last item;
- where a goods consisting of several lots or parts is delivered, from the date on which the consumer or a third party other than the carrier, designated by the consumer, has obtained possession of the last lot or part of the goods;
- in the case of contracts for the regular supply of goods, from the date on which the consumer or a third party other than the carrier, designated by the consumer, took possession of the first goods.
If the consumer has not been provided with mandatory pre-contractual information or withdrawal form, the consumer of the right of withdrawal shall be entitled to use the right of withdrawal within a period of one year or within a period of 14 days from the time when the relevant information has subsequently been provided.
In the case of the exercise of the right of withdrawal, the consumer has an obligation to demonstrate that the consumer's refusal has been sent during the period of exercise of the right of withdrawal.
In the case of the exercise of the right of withdrawal, the consumer shall be responsible for reducing the value of the goods if the goods have been used for purposes other than the determination of the nature, characteristics and performance of the goods.
The consumer shall not be responsible for the reduction in the value of the goods if the seller or service provider has not informed him or her regarding the right of withdrawal in accordance with the procedures specified in regulatory enactments.
Remember! You are responsible for maintaining the quality and safety of the product during the exercise of the right of withdrawal! Accordingly, it is recommended that the product be handled with care and that the packaging should be carefully opened.
Exceptional cases for the exercise of the right of withdrawal
The right of withdrawal specified in the Consumer Rights Protection Law may not be exercised in cases which comply with the exceptions to the exercise of the right of withdrawal specified in Cabinet Regulation No. 254 of 20 May 2014, Regulations regarding a contract entered into outside the place of permanent trade or provision of services (hereinafter - Regulations):
- Paragraph 2 of the Regulation lists contracts not covered by the Regulation; (which refers to paragraph 2 of the Regulation), such as complex tourism services contracts; passenger transport services; financial services; contracts with a maximum amount of EUR 35, etc.
- Paragraph 18 of the Regulation lists cases where the right of withdrawal cannot be exercised (links to paragraph 18 of the Regulation), such as service contracts after the service is provided in full; a product or service whose price depends on fluctuations in the financial market; the goods are manufactured at the instructions of the consumer or expressly personalized, etc.
Exercise of the right of withdrawal
The consumer must send a withdrawal form or a statement regarding the exercise of the right of withdrawal to the seller or service provider, informing him of the desire to exercise the right of withdrawal and to withdraw from the goods.
The transmission of the withdrawal form or the notification of the exercise of the right of withdrawal shall terminate the contract within the time limit and shall remove the consumer from any contractual obligation arising from the contract or from the obligation to conclude such a contract where the tender has been made by the consumer.
The consumer shall be obliged to return the goods or cases to the seller or service provider no later than 14 days after sending the written refusal. The seller or service provider shall be obliged to repay to the consumer the amount of money he or she has paid, including the delivery costs paid by the consumer, no later than 14 days from the date of receipt of information regarding the consumer's decision to withdraw from the contract.
By exercising the right of withdrawal, the consumer may return the goods to the seller without packaging, if the consumer has not been able to inspect the goods without opening the packaging, nor has it been possible to retain the packaging of the goods, for example because of the size of the packaging, as it does not constitute an integral part of the goods.
The consumer shall be responsible for maintaining the quality and safety of the product during the term of exercise of the right of withdrawal. Consequently, given the nature of the right of withdrawal, enabling the consumer to assess the obligations arising from the contract, including comparing the quality of the offer and the price with other offers, the consumer should use the product as a good and careful operator during the exercise of the right of withdrawal.
Latvian Direct Trade Association (LTTA)
In Latvia, leading players of the industry have created a Latvian Direct Trade Association, which is a voluntary state non-profit trade association and represents leading companies. . The Association has established a code of good practice on “The Code of Conduct for Consumers”, committed to: http://www.tta.lv/consumer-advice/code-of-etchics/code-towards-consumers /