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.