Purchase After Trial Use
1. The parties may agree that the buyer is allowed to try the purchased item for a period called the trial period. During the trial period, the buyer may decide whether to purchase the item or not; if the buyer does not respond by the end of the trial period, it is deemed that the buyer has accepted to purchase under the conditions agreed upon prior to receiving the trial item.
In cases where the parties do not agree or the agreement is unclear on the trial period, the period shall be determined according to the customs of transactions involving items of the same type.
2. During the trial period, the item remains the property of the seller. The seller bears all risks associated with the item, unless otherwise agreed. During the trial period, the seller shall not sell, gift, lease, exchange, pledge, or mortgage the item before the buyer responds.
3. If the trial user decides not to purchase, they must return the item to the seller and compensate for any damage caused to the trial item. The trial user is not responsible for normal wear and tear resulting from trial use and does not need to return any benefits derived from the trial use.
Legal basis: Article 452, Civil Code 2015
