Cancellation rights in Estonia

Different alternatives are available for ordering and purchasing different goods. Mail order sales and telephone, Internet, or TV shopping are becoming increasingly popular in addition to the usual option of visiting shops to choose and buy the goods. Sellers paying visits to homes and organising presentation events in the streets or offices, aimed at the sales of different goods, are also becoming more and more common.

Consumer's rights depend on the type of contract they've entered into

When shopping and making one's purchases in a shop, as usual, the consumers in Estonia have no right to request substitution of quality goods or a refund for such goods. Before making the purchase, it always makes sense to ask the seller whether and on which conditions it would be possible to have the bought item replaced or returned, should it turn out that it doesn't suit for some reason. One should also remember that the replacement of goods with no defect or the refunding is absolutely voluntary for the seller.

In a situation where there is no personal contact between a consumer and a seller, the consumer may return the goods during a fixed period as he/she had no chance to inspect the goods as thoroughly as in an ordinary shop (for example, Internet department stores, TV-shops). The consumer may also request a refund for products bought outside the seller's business premises (except when the consumer has previously requested the sale to be organised in his office or home).

It may happen that the Internet department store or mail order company, supplying the ordered goods, is registered in another country and the rights of the consumer are different from you home country. Consumers' rights under contracts negotiated away from business premises may also be governed by different legislation in different countries.

This brochure provides an overview of consumers' rights under different contracts concluded with businesses operating in Estonia.

DISTANCE CONTRACTS

A contract concluded by a means of communication and if there is no personal contact between the trader and the consumer, is a long distance contract. In particular, this means a purchase made by the use of telephone, radio, computer, facsimile, or television or the delivery of addressed or unaddressed printed matter, including a catalogue or a standard letter, to a consumer, or press advertising with an order form.

What should one know when making a purchase?

By virtue of Estonian legislation, the following information (as a minimum) must be made available to the consumer before entering into distance contracts:

The seller shall bear the costs relating to the repair of the product or delivery of a substitute product, in particular costs relating to transport, postage, work, travel and materials.

Where to file your complaints and claims?

In the event of any problems arising, we recommend that you approach the seller immediately. The consumer shall lose the right to file a claim with the seller if two months have passed since the defect was detected. Should the seller fail to react to an oral complaint, submit your complaint in writing and attach a copy of the document concerning the purchase.

According to the Consumer Protection Act of the Republic of Estonia, a trader is required to receive a consumer's complaint and notify the consumer of the probable solution to the complaint within fifteen days.

Should the seller refuse to settle the complaint or should you disagree with the suggested settlement and feel that a seller operating in Estonia has violated your rights, please contact the ECC in your home country or the ECC of Estonia. 

Before you place the order we recommend that you thoroughly read all the conditions of sale. Pay special attention to the procedure governing payment: how and when are you required to pay for the goods and which extra costs (mailing costs or handling fees) may be added. Should the seller request advanced payment for the goods, under Estonian legislation this total must not exceed 50% of the value of the goods.

Right of withdrawal from contract

A consumer may withdraw from a distance contract within fourteen days. In the case of goods, the term shall commence as of the day on which the consumer receives the goods, and in the case of services, the term shall commence as of the date of entry into the contract. The consumer is not required to provide any justification whatsoever when returning the goods.

If the trader has failed to inform the consumer of his right of withdrawal (for example this information was not presented in ordering terms), the consumer may return the ordered item to the trader within 3 months as of the date on which the consumer receives the goods.

14-day right of return does not apply to:

A consumer may withdraw from a distance life and pension insurance contract within 30 days. The term commences as of the date the consumer is notified of the conclusion of the contract.

If a consumer withdraws from a contract, the amounts paid by the consumer shall be refunded to him or her immediately, but no later than within thirty days (as from the date the supplier has received the notice of withdrawal). The consumer must return the items received from the trader immediately, but no later than within thirty days as of the submission of the notice of withdrawal.

CONTRACT NEGOTIATED AWAY FROM A BUSINESS PREMISES

A contract negotiated away from a business premises is a contract for the delivery of goods or the provision of services where a supplier makes an offer to a consumer or makes a proposal to negotiate entry into a contract in consumer's office or home (except where the visit to the consumer's dwelling or place of work in order to make the offer or proposal takes place at the specific prior request of the consumer), in a public transport vehicle, or in the street, outside the business premises of the supplier at a recreational event.

NB! The provisions concerning contracts negotiated away from business premises do not apply to contracts where the consumer pays the charge prescribed by the contract upon entry into the contract and the amount of the charge does not exceed 15 euro.

Informing the consumer of right of withdrawal

A trader shall inform a consumer in writing of the consumer's right to withdraw from the contract. The written notice given to consumer should also consist information about the manner and term for exercising a withdrawal right, name and address of the trader and the time of sending or giving the notice.

The supplier shall prove the receipt of a notice by a consumer.

Right of withdrawal from a contract

A consumer may withdraw from a contract negotiated away from a business premises within fourteen days as of the receipt of a notice. If the consumer receives the notice before the contract is entered into, the term of fourteen days shall be deemed to begin from the date of commencement of the contract (date of purchase).

If a consumer withdraws from a contract, the amounts paid by the consumer shall be refunded to him or her immediately but no later than within thirty days as of the withdrawal from the contract.


FILING COMPLAINTS

How to proceed if defects are detected in purchased goods?

Should defects be identified in goods, the rights to be exercised by a consumer are the same regardless of whether the purchase was made in an ordinary shop, Internet department store, by mail order, or over the telephone or, for example, in public transport.

Please retain all the documents concerning the purchase of goods (receipt of purchase, contract, ordering form, etc.), showing that you've purchased the goods from that given trader, to settle any later disputes.

In the event of defective goods, the consumer may submit a complaint concerning any lack of conformity of a product, within two years as of the date of delivery of the product.

In case of defective goods you'll be entitled to the following:

1. demand the repair of the product or replacement of product without charge;
2. require the purchase price to be reduced or withdraw from the contract if: