I've changed my mind and no longer want to keep the item I purchased!
- Right of free termination in contracts concluded at a distance or outside the establishment.
Portuguese and European law stipulate that:
The consumer has the right to terminate the contract without incurring any costs (other than those set out in Article 12(3) and Article 13) where applicable, and without having to give any reason, within 14 days.
The 14-day period begins:
a) From the date of signing the contract, in the case of service contracts;
b) From the day on which the consumer or a third party, other than the carrier, designated by the consumer acquires physical possession of the goods, in the case of purchase and sale contracts, or (see different scenarios in Article 10 of Decree-Law No. 24/2014 of February 14);
c) From the date of conclusion of the contract, in the case of contracts for the supply of water, gas, or electricity that are not sold in a limited volume or quantity, district heating, or digital content that is not supplied on a tangible medium.
- What if the supplier has not informed the consumer of this right?
If the supplier of goods or services fails to comply with the pre-contractual information obligation, the period for exercising the right of free termination is 12 months from the date of expiry of the initial period referred to in the previous paragraph.
- Right of free termination
Consumers may exercise their right of free termination by sending the "Free termination" form included in part B of the annex to Decree-Law No. 24/2014 of February 14, or by any other unequivocal statement of termination of the contract.
For the purposes of the decree-law, a statement in which the consumer communicates, in their own words, their decision to terminate the contract, namely by letter, telephone call, return of the goods, or other means that can be proven, under the general terms, is considered unequivocal.
This article is for informational purposes only and does not replace consultation with the law.
If you have any questions, please contact our office.
