Consumer rights in Estonia: withdrawal, unfair terms and complaints

Who counts as a consumer under Estonian law?

Consumer rules therefore do not help when you buy through your OÜ, or as a freelancer or sole proprietor (FIE) buying for your work. An e-resident founder buying software for the company is in a business-to-business (B2B) relationship.

In B2B contracts there is no statutory withdrawal right, and the unfair terms listed in VÕS § 42(3) are only presumed unfair (§ 44).

Consumer protection is mandatory. An agreement that departs to the consumer’s detriment from the rules on pre-contract information, off-premises contracts or distance contracts is void (§ 14¹(3), § 51, § 62).

What must a trader tell you before you buy?

For online, phone and doorstep sales the list is longer (§ 48(1), § 54(1)). It includes the trader’s address, phone number and e-mail, the conditions and deadline for withdrawal, a model withdrawal form, who pays for returns, and any out-of-court complaint body. The trader must prove it gave this information, and it becomes part of the contract unless expressly agreed otherwise (§ 54(10)–(11)). If you were not told about extra delivery or return costs, you do not have to pay them (§ 54(8)).

Online, the order button must say “order with obligation to pay” or something equally clear; if it does not, you are not bound by the contract or the order (§ 62²(3)). The contract terms, including standard terms, must be provided in a form you can save and reproduce (§ 62¹(5)).

Check these clauses in your own contract – free summary →

How does the 14-day right of withdrawal work?

For goods, the 14 days run from the day you, or a person you named other than the carrier, physically receive them; for several items delivered separately, from the last one. For services, and for digital content not supplied on a physical medium, the period runs from the day the contract is made (§ 56(1¹)–(1³)).

You can use the model form or any other clear statement (§ 56(2²)). Since 1 September 2026, a trader contracting through a website or app must also offer a withdrawal button labelled “Taganen lepingust” (“I withdraw from the contract”) or similarly clear wording, available throughout the withdrawal period (§ 56⁴). You must be able to prove that you withdrew (§ 56(2⁵)), so keep the confirmation.

If the trader failed to tell you about the right of withdrawal, the period is extended by 12 months; if the information arrives within those 12 months, you have 14 days from receiving it (§ 56(1⁶), § 49(1⁴)). A clause that makes withdrawal harder, for example by tying it to a fee or penalty, is void (§ 56²(9)). The off-premises rules do not apply if the price is €20 or less (§ 47(1)).

What happens after you withdraw?

The refund goes back by the same payment method, free of charge, unless you agree otherwise. The trader may hold it back until it receives the goods or proof that you sent them, unless it offered to collect them (§ 56¹(4)–(5)). You pay the direct cost of returning goods, unless agreed otherwise or the trader failed to tell you this (§ 56²(3)). You are liable for loss of value only if you handled the goods more than you could in a shop (§ 56²(4)).

If you asked for a service to start during the withdrawal period, you pay for the part already provided (§ 56²(5)). Once such a service is fully performed, you can no longer withdraw, provided you expressly agreed to the early start and acknowledged that consequence (§ 53(4)).

There is no withdrawal right for, among others, goods made to your specifications, goods that spoil quickly, sealed hygiene products or sealed recordings and software opened after delivery, and accommodation, car hire, catering or leisure services booked for a specific date (§ 53(4)). The distance-contract rules do not apply at all to healthcare, gambling, passenger transport, property purchases or residential leases (§ 53(2)).

Which terms in a consumer contract are unfair?

The list includes terms that exclude or limit the trader’s liability for death, injury, intent or gross negligence (point 1); exclude your remedies, including set-off (point 2); impose an unreasonably high penalty (point 5); let the trader change terms for a reason not stated in the law or the contract (point 14); let it raise the price without giving you a right to terminate, except lawful indexation (point 15); or renew a fixed-term contract automatically for more than a year (point 27).

A void term drops out and the statutory rule applies instead; the rest of the contract stays valid unless the trader proves it would not have made the contract without that term (§ 41). Unclear terms are interpreted against the trader (§ 39(1)). These rules apply even under a foreign-law clause if you live in the EU and the contract resulted from an offer or advertising in Estonia (§ 36(2)). Using a § 42(3) term with consumers is also a misdemeanour, with fines of up to €400,000 for a company (TKS § 74¹).

Where can you complain about a trader in Estonia?

The procedure is free for both sides, although each pays its own costs, including any translation (TKS § 45(4)–(5)). Apply in writing, on paper or another durable medium, and confirm that you contacted the trader first; otherwise the application is not accepted (§ 46–47). Hearings are held in Estonian (§ 52(1)). The outcome is due within 90 days of acceptance, longer for complex cases (§ 56).

The committee hears disputes with traders established in Estonia (§ 40(3)). It does not hear healthcare disputes, personal-injury claims or disputes with their own statutory procedure, and it may decline some claims under €30 (§ 40(4)–(5), § 47(3)). A trader has 30 days to comply with a decision; one that neither complies nor goes to court is put on a public list on the TTJA website, and either side can take the dispute to the county court (§ 60).

TTJA itself does not resolve individual contract disputes, but it supervises traders and handles complaints about breaches of consumer law (TKS § 21). For a high-value claim or a trader based abroad, speak to an Estonian lawyer.