13.07.2015 Views

Consumer Protection Act - Finlex

Consumer Protection Act - Finlex

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(2) the contracting parties have already fulfilled their contractual obligations intheir entirety at the consumer’s express request.Section 15 — Payment of the service provided before the withdrawal(1) If the consumer withdraws from a contract, he or she may only be required topay for the service actually provided by the business prior to the withdrawal inaccordance with the contract. The compensation shall not exceed the amountwhich is reached when the service provided prior to the withdrawal is comparedwith the full extent of the services covered by the contract.(2) If the business has not notified the amount of compensation or the basis for itscalculation in advance, or if the business has commenced the performance of thecontract without the express request of the consumer, the consumer is notrequired to pay for the provided service.Section 16 — Return of payments(1) The consumer shall, without undue delay and within 30 days after sending thenotification of withdrawal, return any payments or property to the business he orshe has received according to the contract or the withdrawal shall becomevoid. The consumer may, however, refrain from the obligation to return thepayments or property until the business fulfils his or her own correspondingobligations.(2) The business shall, without undue delay and within 30 days after receiving thenotification of withdrawal, return all sums he or she has received from theconsumer according to the contract. A compensation, which the business isentitled to charge under section 15 from the consumer for the services providedprior to the withdrawal from the contract, may, however, be deducted from thepayments which are to be returned.Section 17 — Restriction of choice-of-law clausesA choice-of-law clause according to which the contract is subject to the law of acountry outside the European Economic Area shall not preclude the applicationof rules on distance selling of financial services of a member state of theEuropean Economic Area that would be applied in the absence of the clause, ifthe latter rules provide for more effective consumer protection than those of thelaw referred to in the choice-of-law clause.Section 18 — The right of the consumer to change a means of distance communication37

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