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Consumer Protection Act - Finlex

Consumer Protection Act - Finlex

Consumer Protection Act - Finlex

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of the contract and which are likely to be of no use, as well as for any specialcosts incurred due to the cancellation or withdrawal of the contract.(2) As for other losses, the seller shall be entitled to a reasonable compensation,taking into account the price of the goods, the time of cancellation or withdrawalof the contract, the measures undertaken to perform the contract, as well as theother circumstances.(3) A contract under which the seller has a right to liquidated damages forwithdrawal or cancellation shall be valid if the liquidated damages arereasonable, taking into account the compensation that the seller would generallybe entitled to under paragraphs (1) and (2).(4) The seller shall, however, not be entitled to compensation under this section ifthe buyer’s delay in payment or the withdrawal of the order is due to theprovisions of an <strong>Act</strong>, the interruption of general transport or paymentcommunications or another similar hindrance which the buyer cannotreasonably avoid or overcome.Other provisions on the sale of consumer goodsSection 29 — Application of the Sale of Goods <strong>Act</strong> (1258/2001)The provisions of the Sale of Goods <strong>Act</strong> (355/1987) apply to a sale referred to inthis chapter, unless otherwise provided in this <strong>Act</strong>. A sale referred to in this <strong>Act</strong>shall, however, not be governed by the provisions of sections 13(3), 15, 20(2),20(3), 24, 31, 35, 39(2), 47, 49(3), 57(2), 58, 60, 63(1) and 73(2) of the Sale ofGoods <strong>Act</strong>. The provisions in sections 19(2) and 37(2) of the Sale of Goods <strong>Act</strong> donot apply to an auction within the scope of application of this chapter. The provisionsof sections 68 and 69 of the Sale of Goods <strong>Act</strong> on the right of the seller tocompensation of price difference do not apply to a sale referred to in this chapter.The provisions of section 76(2) of the Sale of Goods <strong>Act</strong> do not apply when theduty of care lies with the buyer. Under sections 75–78 of the Sale of Goods <strong>Act</strong>,the seller shall not be entitled to compensation that exceeds the compensationunder section 28 of this chapter.Section 29a — Restriction of choice-of-law clauses in the sale of consumer goods(1258/2001)A choice-of-law clause according to which the contract is subject to the law of acountry outside the European Economic Area shall not prevail over the rules on20

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