§5.5.1 Multiple or defective goods

A consumer may want to partly withdraw from a contract for multiple goods if wishing to cancel the purchase of only one or some of them. Although the Directive does not expressly provide for such a right, it also does not prevent the trader and the consumer from agreeing on a partial withdrawal from the contract by returning only an individual good or several goods sold under a single order. In such a situation, where the goods supplied under the same contract include promotional items, the trader should not be obliged to agree to the return of only those items sold at full price. The situation would be different if the consumer has not agreed to receive a gift that the trader has nevertheless provided. Such a gift may be treated as unsolicited supply of goods and so falls under the rules on inertia selling. Article 27 of the CRD and point 29 of Annex I to the Unfair Commercial Practices Directive 2005/29/EC prohibit ‘Demanding immediate or deferred payment for or the return or safekeeping of products supplied by the trader, but not solicited by the consumer […]’. If the consumer has been supplied with a faulty good, which is not in conformity with the contract as provided for in the Sale of Goods Directive, the consumer should have the choice, within the right of withdrawal period, of either invoking the remedies under that Directive or withdrawing from the contract.

← 5.5 · All articles · 5.5.2 →

Source: EUR-Lex (Cellar) · retrieved 2026-09-07