§5.8 Consequences of failing to inform about right of withdrawal

Under Article 6(1), the trader must provide the consumer with pre-contractual information in a clear and comprehensible manner. In particular, where the right of withdrawal exists, Article 6(1)(h) requires the trader to make the consumer aware of the conditions, time limit and procedures for exercising that right and the model withdrawal form set out in Annex I(B) (136). Failure to comply with these obligations triggers the consequences under Article 10(1), which provides for an extension of the right of withdrawal period for all contracts. If the trader does not provide this information, the withdrawal period is extended by 12 months. Article 10 1. If the trader has not provided the consumer with the information on the right of withdrawal as required by point (h) of Article 6(1), the withdrawal period shall expire 12 months from the end of the initial withdrawal period, as determined in accordance with Article 9(2). Article 10(2) addresses the situation when the trader provides the information required in Article 6(1)(h) with a delay within 12 months from the end of the initial withdrawal period calculated under Article 9(2). In this case, the withdrawal period expires 14 days after the day upon which the consumer receives that information. Article 10 2. If the trader has provided the consumer with the information provided for in paragraph 1 of this Article within 12 months from the day referred to in Article 9(2), the withdrawal period shall expire 14 days or, in cases where Member States have adopted rules in accordance with Article 9(1a), 30 days after the day upon which the consumer receives that information.

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