Exceptions to the right of withdrawal (L.2251 / 1994 A.31B)
According to Article 31b of Law 2251/1994, the right of withdrawal does not apply in the following cases:
- a) service contracts, after the service has been fully performed, if performance began with the consumer's prior express consent and with the consumer's acknowledgement that the right of withdrawal will be lost once the contract has been fully performed by the supplier;
- b) the supply of goods or services whose price depends on fluctuations in the financial market which the supplier cannot control and which may occur within the withdrawal period;
- c) the supply of goods that are made to the consumer's specifications or are clearly personalised;
- d) the supply of goods which are liable to deteriorate or expire rapidly;
- e) the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and which were unsealed after delivery;
- f) the supply of goods which, after delivery, are by their nature inseparably mixed with other items;
- g) the supply of alcoholic beverages, the price of which was agreed at the time of conclusion of the sales contract, the delivery of which can only take place after 30 days, and the actual value of which depends on market fluctuations which the supplier cannot control;
- h) contracts where the consumer has specifically requested a visit from the supplier for the purpose of carrying out urgent repairs or maintenance work. If, during such a visit, the supplier provides services in addition to those specifically requested by the consumer, or goods other than the spare parts necessarily used in carrying out the maintenance or repairs, the right of withdrawal applies to those additional services or goods;
- i) the supply of sealed audio or video recordings or sealed computer software which were unsealed after delivery;
- j) the supply of newspapers and magazines of any kind, with the exception of subscription contracts for the supply of such publications;
- k) contracts concluded at a public auction;
- l) the provision of accommodation other than for residential purposes, the transport of goods, car rental services, catering or services related to leisure activities, if the contract provides for a specific date or period of performance;
- m) the supply of digital content not supplied on a tangible medium, if performance began with the consumer's prior express consent and the consumer's acknowledgement that the right of withdrawal is lost as a result.