§ 3-44. Withdrawing from a distance-selling agreement: what must be paid and refunded

This section sets out what happens to the money when a consumer withdraws from an agreement concluded by distance selling. The consumer can only be charged for the part of the service actually provided. The amount must be in proportion to how much has been provided compared with the whole agreement. The right to such payment requires two things: the service was started at the consumer's wish, and the consumer had been informed of the amount under § 3-25 letter h, cf. § 3-22.

Both sides have 30 days to settle up. The service provider must refund what it has received, except the amount for the part provided, as soon as possible and no later than 30 days after it received the notice. The consumer, for their part, must return amounts and assets they have received. The consumer's deadline is 30 days from the day the notice is sent.

If another service is linked to the financial service through a distance-selling agreement, that agreement is also cancelled, without the service provider being able to charge for it, when the consumer uses the right of withdrawal. The same applies when the linked service is provided by a third party under an agreement with the service provider. The service provider must then notify the third party immediately after receiving the consumer's notice.

For credit agreements concluded by distance selling, § 3-43 applies instead, with its own rules on repaying the credit amount and interest. The right of withdrawal in distance selling follows from § 3-41 second paragraph, which also has exceptions for services whose price depends on fluctuations in the financial market. The deadline for giving notice is set out in § 3-42. An example using the roles in the Act: a consumer has asked the service provider to start delivery straight away and then uses the right of withdrawal. The consumer then pays for what has been provided, not for the whole agreement.