The Right of Withdrawal from Distance Contracts
Returning an item purchased from an online shop is regulated by the Law of Georgia on Protection of Consumer Rights, and this regulation gives the consumer a significant guarantee. Under these norms, save for the exceptions, the consumer has the right to withdraw from a distance contract or a contract concluded away from business premises within 14 calendar days without indicating any ground whatsoever.
This period is counted: for a service contract — from the conclusion of the contract; for a sale contract — from the moment the consumer or a third party indicated by the consumer (other than the carrier) acquires possession of the goods; for a goods order delivered in parts — from taking possession of the last item; for regular deliveries — from first taking possession of an item. Such detailed counting means that the starting moment of the period can always be established precisely.
The Withdrawal Procedure and Costs
The right of withdrawal is exercised by sending a notice: within the established period the consumer must send the trader a completed form or other unequivocal evidence reflecting the decision to return the goods. The burden of proving that the right was exercised within the period lies on the consumer, so fixing the notice matters. The trader may receive the form electronically, and information about its receipt is given to the consumer immediately on a durable medium.
On withdrawal the consumer bears no costs whatsoever — including delivery costs — except where the consumer chose a more expensive delivery than the standard one offered by the trader. Withdrawal automatically entails exit from the connected contract and restoration of the original position, and the consumer does not have to cover the difference created by a price reduction if the trader did not supply full information about the right of withdrawal.
Refund and Return of the Goods
As a result of withdrawal the parties' obligations are extinguished and everything received under performance is returned. The trader must return to the consumer the sum paid and, where applicable, the sum paid to reimburse delivery costs, in full and without delay — no later than 14 calendar days from receipt of the withdrawal notice. The sum is refunded by the same means of payment used, unless the consumer agrees to another means and incurs no additional cost.
The consumer in turn must return the goods to the trader or a third party designated by the trader immediately after sending the notice, but no later than 7 calendar days, unless the trader has undertaken to collect the goods itself. The consumer bears only the direct cost of return — unless the trader assumed that cost or failed to inform the consumer that such a cost would arise. Where goods delivered to the home cannot be sent by post by their nature, the trader must collect them at its own expense.
Which Goods Are Not Returnable
The law defines exceptions where the right of withdrawal does not apply. The consumer cannot withdraw if: the trader fully performed the service with the consumer's prior consent and the consumer knew the right would be lost; the price depends on fluctuations on the financial market which the trader cannot control; the goods were made to individual order or clearly tailored to personal needs; the goods are perishable or have a short shelf life; the seal of hermetically sealed goods was broken and return is impossible for health or hygiene reasons.
The exceptions also cover goods inseparably mixed with other goods; urgent repair services within the framework of the visit; audio or video recordings and software whose seal was broken after delivery; newspapers and periodicals except under subscription contracts; contracts concluded as a result of a public auction; contracts on transfer of non-residential immovable property, transport of goods, vehicle hire, catering or leisure services with a specified date; digital content supplied on a non-tangible medium; alcoholic beverages whose price was agreed at conclusion and delivery occurs after 30 days with the price dependent on market fluctuations; and tickets for sports or cultural events, unless the contract provides for return. Knowing this list spares both sides of an online shop false expectations.
The Consequence of Not Supplying Information
Where the trader does not supply the consumer with information about the right of return of goods or services, the return is possible within 12 months of the expiry of the basic period. If the information is supplied within that period, the seven-day return period is counted from its receipt. This norm directly prompts the trader to inform the consumer and protects the consumer from losing the right through ignorance.
Frequently Asked Questions
Within what period can an online purchase be returned?
Within 14 calendar days without indicating any ground. The period runs from taking possession of the goods, and for services — from the conclusion of the contract.
When does the trader refund the money?
No later than 14 calendar days from receipt of the withdrawal notice, in full and without delay, by the same means of payment — save for a specific agreement.
Who pays the cost of return?
The consumer pays only the direct cost of return unless the trader assumed it or failed to announce it; goods delivered to the home that cannot be posted must be collected by the trader at its own expense.
Are all goods returnable?
No — the statutory exceptions, including custom-made orders, perishable goods, unsealed recordings and software, event tickets and public-auction purchases, are not subject to withdrawal.
How We Help on Legal.ge
Returning an online purchase often turns on periods, costs and exceptions. On Legal.ge we help you exercise the right, structure written communication with the trader and, if necessary, escalate the dispute. Contact us — we will examine your case under the law's exact norms.