Return is refused
Questioner
I want to return a package to XYZComputers, but they refuse my return. However, it is still in the original packaging, where the stickers are still intact. I have never opened it. I am completely within my rights in this, right? The excuse they use is that it is a 'unique' product, while that is not stated anywhere on the website.Lawyer
Dutch consumer law gives you the right to dissolve the agreement without giving reasons in such a scenario, if it concerns a so-called 'distance purchase'. The possibility to return is also called the right of withdrawal. As a consumer, you have the right to dissolve the agreement within 14 days after receiving the product. You then have another 14 days to return the product. However, there are some exceptions to this right of withdrawal. One of these exceptions concerns products that are manufactured according to consumer specifications, that are not prefabricated and that are manufactured based on an individual choice or decision of the consumer. Whether this is the case with the purchased product can be discussed. If the seller states that it is a 'unique' product, this could indicate such an exception. However, if this is not indicated anywhere on the website, it seems that the seller did not inform you properly about this at the time of purchase. In that case, your right of withdrawal would not expire. However, this is a complex situation where multiple factors may play a role, so it may be wise to present this situation to a lawyer or attorney. They can provide you with tailored advice based on all relevant information.' ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.Take the next step
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