§5.8.1 Consequences regarding the goods

In addition to the above-mentioned extension of the withdrawal period, in case of goods, Article 14(2) provides that consumers are not liable for any diminished value of the goods if the trader has failed to inform them about the right of withdrawal in accordance with Article 6(1)(h). Article 14 2. The consumer shall only be liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods. The consumer shall in any event not be liable for diminished value of the goods where the trader has failed to provide notice of the right of withdrawal in accordance with point (h) of Article 6(1). As regards customised goods or perishable goods (see sections 5.11.2 and 5.11.3) which are unconditionally exempted from the right of withdrawal under points (c) and (d) of the first subparagraph of Article 16, the CRD does not set out the consequences of non-compliance by the trader with the information requirement about the absence of the right of withdrawal in accordance with Article 6(1)(k). However, the failure to inform the consumer about the absence of the right of withdrawal in such a situation could amount to unfair commercial practice (misleading omission) prohibited by the Unfair Commercial Practices Directive 2005/29/EC if it leads the consumer to take transactional decision that he/she would not have taken otherwise.

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