EXCLUSIÓN DEL DERECHO DE DESISTIMIENTO EN CONTRATOS EN LÍNEA CON ConsumidorES EN CASO DE BIENES DESPRECINTADOS TRAS LA ENTREGA, NO APTOS PARA SER DEVUELTOS POR RAZONES DE PROTECCIÓN DE LA SALUD O HIGIENE

Abstract

The right to withdraw from the contract is especially relevant today in the contracting of goods and services between businessmen and consumers, particularly in online contracting. In the Spanish legal system, such right is recognized in Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws. However, among the exclusions to the exercise of this right, the case of the supply of sealed goods not suitable to be returned for reasons of health protection or hygiene and that have been unsealed after delivery is contemplated. In the present work the elements of such exclusion are analyzed, the ineptitude of the good to be returned, characteristics of the “seal”, as well as information that must be provided to the consumer for the exclusion to operate, based on the sentence of the Court of Justice of the European Union, of March 27, 2019, case C 681/17, which admits the exercise by a consumer of the right of withdrawal in case of online purchase of a mattress that is unsealed for testing.