Consumers purchasing goods online have the right to return them without stating a reason, provided, of course, that the product has not been used and is returned within a reasonable period of time. We have all quickly become accustomed to this convenient form of purchasing goods, often without much thought or impulsively.
In some cases, consumers are also trying to extend this habit to the services they order. I would be happy to discuss this issue using the example of translation services, particularly in the context of non-EU foreigners who frequently order certified translations.
Online ordering of goods and services
In the 21st century, it's hard to find people who do not shop via online stores or auction portals. Remote shopping is easy, fast, convenient, and cost-effective, as in many cases, prices are lower than those in traditional retail stores. Online shopping has become commonplace and, as a result, the laws that govern off-premises contracts have also changed.
In the case of Poland, an EU Member State, the issue in question is regulated by the Directive of the European Parliament and of the Council of 25 October 2011 on consumer rights. According to its content, the consumer has a number of rights in the context of distance selling. In special cases, retailers go out of their way to meet their customers and extend the right of withdrawal by giving, for example, the option to return purchased goods in a traditional store. They inform their customers of this within their terms and conditions of sale of goods and services.
Unfortunately (or fortunately), not every remote purchase is covered by the right of withdrawal without consequences. For example, products with a short shelf life, opened sealed goods, alcohol, or any products or services that have been made to the customer's specifications and have not been prefabricated are not returnable.
Translation services and the right of return or withdrawal
When entering into a contract with a translation agency (and placing an order for the translation of a strictly specified document provided by the client, which constitutes the conclusion of a contract), the client has rights and obligations under that contract and the applicable legislation. Of course, the service provider, in this case, the translation agency, must fulfill its obligations to the client. The agency also has rights under the contract.
One of the rights available to either party is the right to withdraw from the contract. In the case of distance selling of certain products in accordance with the above directive, the customer has the possibility to return the goods after delivery, as soon as they have complied with the return periods provided for in the directive. However, the end result of the translation service provided cannot be returned by the customer. Why?
Translation and interpreting services, along with the ancillary services offered by many translation companies, are carried out with the express consent of the client and in accordance with the client's individual specifications (scope of work, type of translation, language combination).
In this context, the client does not have the right to return the completed translation or the right to withdraw from the contract after delivery of the translation. The client cannot, therefore, expect a refund of the fee paid for a correctly and timely completed translation.
When, then, can the customer withdraw from the contract? By ordering translations from Berlineo, the customer declares to have read and accepted our General Terms and Conditions (GTC). They regulate the entire course of cooperation between our translation agency and the client, including the rights and obligations of each party, as you will read later in this article.
General Terms and Conditions of Berlineo Translation Agency
The inspiration for this post came from an unjustified refund request from one of our clients who ordered certified translations from us last year. In this case, the client stated that it had since become apparent that the translation of the documents they had knowingly entrusted to us was not required. Consequently, they expected a refund of the costs incurred.
It should be noted that certified translations are not a prefabricated product that can be resold to another client after return; rather, they are a customized service. It is therefore not refundable.
It is the responsibility of the client to determine which documents need translation in a given situation or for dealings with a specific institution (office, embassy, court, university, etc.)
Every Berlineo customer, of course, has the right to withdraw from the contract during the execution of the order. This right arises from our General Terms and Conditions and involves the payment of a cancellation fee. The amount of the standard cancellation fee is indicated in the current version of the GTC available at the link indicated above.
However, the standard cancellation fee only applies in cases where the costs of fulfilling the order up to the time of the customer's effective cancellation are lower than the latter. Thus, if the total cost of the service was significantly higher than the currently applicable cancellation fee, and the client decided to cancel the contract when the work was, for example, 90% complete, the cancellation cost will be 90% of the offer price.
We therefore recommend all our (current and future) clients to read our GTC, as well as to make informed purchases. Unfortunately, in the case of translation services, clients are not entitled to a refund.
