Consumers are receiving enforcement threats because they did not terminate the contract in writing, and in some cases the charges could be legally sustainable.

An increasing number of Croatian consumers in recent months have been receiving letters from Slovenia requesting payment of 87.22 euros for online orders that they allegedly did not collect or pay for. The letters are sent by Horvat law firm, a law firm representing Debtcollect.net, a purchaser of claims from Slovenian merchants, writes Jutarnji list.

The letters claim that the goods were properly sent, but failure to collect them does not constitute termination of the contract. According to the interpretation of the lawyers and the Slovenian Market Inspectorate, the consumer was required to notify the merchant in writing that they are withdrawing from the purchase. Since many did not do so, it is considered that the contract was not terminated and that they are obliged to cover the seller’s costs and the preparation of the claim.

The Slovenian lawyer states that the total damage amounts to 87.22 euros, which includes the cost of the uncollected shipment and legal processing costs, noting that court proceedings would further increase the amount. Consumers are therefore offered the option of out-of-court payment.

According to the Ministry of Economy, failure to collect goods is indeed not sufficient for unilateral contract termination, which can be exercised within a 14-day period and exclusively through an unequivocal statement to the merchant. The right to withdraw begins only when the goods are delivered into the consumer’s possession; refusing delivery without sending a statement is not considered valid withdrawal.

“In accordance with Article 79, paragraph 2 of the Consumer Protection Act, the moment from which the consumer can terminate the contract begins only upon delivery of the goods into their possession. The consumer’s right to unilateral termination of a distance contract is established to allow them to inspect the goods as in a store and to withdraw from the contract after inspection if they conclude that the goods do not suit them, which necessarily requires taking possession of the goods. We note that the consumer is not prohibited from terminating the contract even before receiving the goods, but in that case it is particularly necessary to send an unequivocal statement to avoid disputes,” the Ministry of Economy stated.

However, there is an important exception: consumers who did not receive the goods at all and where the courier did not attempt delivery can dispute the claim. In that case, the advice is to request from the law firm proof of delivery attempt. If there is no proof, there is a legal basis for an objection and refusal to pay.

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