Consumer Rights Directive
Navigation log
Table of Contents
Chapter I – Subject matter, definitions and scope
Chapter II – Consumer information for contracts other than distance or off-premises contracts
Chapter III – Consumer information and right of withdrawal for distance and off-premises contracts
Chapter IIIa – Rules concerning financial services contracts concluded at a distance
Chapter IV – Other consumer rights
Chapter V – General provisions
Chapter VI – Final provisions
Recitals (67)
Annexes
Recital 44
(44) Differences in the ways in which the right of withdrawal is exercised in the Member States have caused costs for traders selling cross-border. The introduction of a harmonised model withdrawal form that the consumer may use should simplify the withdrawal process and bring legal certainty. For these reasons, Member States should refrain from adding any presentational requirements to the Union-wide model form relating for example to the font size. However, the consumer should remain free to withdraw in his own words, provided that his statement setting out his decision to withdraw from the contract to the trader is unequivocal. A letter, a telephone call or returning the goods with a clear statement could meet this requirement, but the burden of proof of having withdrawn within the time limits fixed in the Directive should be on the consumer. For this reason, it is in the interest of the consumer to make use of a durable medium when communicating his withdrawal to the trader.