sec_5_8_1__para__2
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 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.