Right to Free Termination in Contracts Executed at a Distance or Executed Outside the Establishment

1 – The consumer has the right to terminate the contract without incurring any costs, in addition to those established in no. 3 of article 12 and in article 13 of DL no. 24/2014, of 14 February when applicable, and without the need to indicate the reason, within a period of 14 days or, in contracts concluded outside the commercial establishment referred to in subparagraphs ii) and v) of the paragraph i) of article 3 of DL no. 24/2014, of February 14, within 30 days, counting:

a) The day on which the contract was signed, in the case of service provision contracts;

b) The day on which the consumer or a third party, with the exception of the carrier, indicated by the consumer acquires physical possession of the goods, in the case of purchase and sale contracts, or:

i) The day on which the consumer or a third party, with the exception of the carrier, indicated by the consumer acquires physical possession of the last good, in the case of several goods ordered by the consumer in a single order and delivered separately,

ii) The day on which the consumer or a third party, with the exception of the carrier, indicated by the consumer acquires physical possession of the last lot or element, in the case of delivery of a good that consists of several lots or elements,

iii) The day on which the consumer or a third party indicated by him, other than the carrier, acquires physical possession of the first good, in the case of contracts for the periodic delivery of goods during a certain period;

2 – The consumer can exercise their right of free resolution by sending the “Free resolution” model contained in part B of the annex to decree-law no. termination of the contract.

3 – For the purposes of the law, the declaration in which the consumer communicates, in his own words, the decision to terminate the contract, namely by letter, by telephone, by returning the goods or by other means capable of proof, in general terms, is considered unequivocal.

4 – The consumer's right to free resolution is considered to have been exercised within the deadline when the declaration of withdrawal is sent before the end of the deadlines referred to in paragraph 1 of this information.

5 – It is up to the consumer to prove that they have exercised their right to free resolution, in accordance with decree-law no. 24/2014, of 14 February.

6 – The exercise of the right to free resolution extinguishes the obligations to execute the contract and the entire effectiveness of the contractual proposal, when the consumer has made such a proposal.

7 – For the purposes of decree-law no. 24/2014, of 14 February, the declaration in which the consumer communicates, in his own words, the decision to terminate the contract, namely by letter, by telephone, by returning the good or by other means capable of proof, in general terms, is considered unequivocal.

8 – The consumer's right to free resolution is considered exercised within the deadline when the declaration of withdrawal is sent before the end of the deadlines referred to in paragraph 1 of this information.