LEGAL INSIGHTS

Lack of information and misleading advertising are two of the main reasons that lead people to enter contracts that they later regret.

Family members, particularly those who are older or lack instruction, can often be manipulated to enter into contracts without fully understanding the obligations they are undertaking.

The most common examples are sales (by mail order, door-to-door or telephone) of mattresses, various appliances or travel cards. If you are, or know someone who is, in this situation, know that the law protects you through the right of repentance or free termination, which works as follows:

Contracts concluded remotely (online/telephone/mail/outside the commercial establishment)

• The law provides a period of 14 consecutive (non-working) days for consumers to cancel the contract, if they regret having signed it. Please note that the word ‘contract’ does not refer to a formal multi-page agreement signed by the seller and buyer – it can simply be a signed order form or offer or another means of written consent.
• The cooling-off period starts from the date on which the goods are received and not when the contract is concluded/signed.
• Consumers must return the goods to receive their money back.

Service provision contracts

The deadline to cancel the contract is 14 consecutive (non-working) days from the date of conclusion.

The exercise of this right to withdrawal does not need to be justified and there is no need to pay any amount or charge to terminate the contract. If this legal deadline has passed, but it is a case of fraud, forged documents or signatures (among other scenarios), consumers can and should immediately contact a lawyer to help them assert their rights.

If you find yourself in a similar predicament, please contact us at geral@sbpslegal.com.