Case 8 - Estella v. Uriah Heep

Summary

Case

Estella opened the door to Uriah Heep, who was selling steam-operated pans that cook without fat. Estella, who has few pounds in her purse but rather too many elsewhere, could not resist the temptation and accepted Uriah's offer of a special credit arrangement. In her haste to begin cooking, she signed various documents full of small print without reading them. She later discovered to her cost, that the pan could only be used on a gas ring whereas her kitchen was entirely electric. However, when she contacted Uriah for help, he was less than friendly. He told her that her statutory rights were written out in the documents he had supplied, and that as she had not returned the pan within the period indicated, she could no longer cancel the sale. He also reminded her that her first monthly instalment on the loan was due. What remedy, if any, is available?

Discussions

Austria

(i) In accordance with § 3 Konsumentenschutzgesetz (the law regulating consumer rights) the consumer is entitled to cancel the contract upon written notice within one week after the purchase in the case of a so-called door-step sale. The seller must send a document to the buyer identifying the subject matter of the contract as well as informing him about the right to cancel; time begins to run when this document is sent.