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Right of Withdrawal
Who can and how can enable the withdrawal
The right of withdrawal is regulated in accordance with law if the client - consumer (ie a person who buys goods for purposes not related to his professional activity, or does not indicate the purchase order form a reference to VAT ) is entitled to withdraw from the purchase contract for any reason.
To exercise this right , the customer must fill out the form that is located within the Contact section.
Note : customers who purchase with VAT can not exercise the right
Mode of withdrawal
The right of withdrawal is subject to the following conditions ( Article 67 of the Consumer Code )
- ▪ If goods have been delivered the the consumer is required to return them or make them available to the professional or the person designated by him , in the manner and time stipulated in the contract. The deadline for the return of goods can not be less than ten working days from the date of receipt of the goods . Upon expiry of the term refers to the goods returned when they are delivered to the post office or the courier.
- ▪ For contracts for the sale of goods, if there has been delivering the goods , the substantial integrity of the property to be returned is an essential condition for the exercise of the right of withdrawal. However, it is sufficient that the goods are returned in normal condition, as it has been kept and used with the use of reasonable diligence .
- ▪ The only charges payable by the consumer for exercising the right of withdrawal in accordance with this article is the direct cost of returning the goods to the sender , where expressly provided in the contract.
- ▪ If the right of withdrawal is exercised by the consumer pursuant to the provisions of this section, the trader is obliged to reimburse the sums paid by the consumer , including sums paid by way of deposit. The refund shall be made free of charge, as soon as possible and in any event within thirty days from the date on which the trader is aware of the exercise of the right of withdrawal by the consumer. The amounts are refunded if they are actually returned, sent or credited with not later than the expiration of the deadline specified above .
- ▪ In the event that the payment was made by means of bills of exchange, the latter have not yet been presented , should proceed with their restitution . It's nothing any clause which limits reimbursement to the consumer of amounts paid as a result of exercising the right of withdrawal.
- ▪ If the price of a good or service , subject to a contract under this title , either fully or partly covered by credit granted to the consumer by the trader or by a third party on the basis of an agreement between them and the professional, credit agreement is settled law , without penalty, if the consumer exercises his right of withdrawal in accordance with the provisions of this Article. It is mandatory for the professional to communicate any third parties granting the credit has exercised his right of withdrawal by the consumer . Any amounts paid by the third that gave the credit for payment of goods or services until such time as knowledge has exercised his right of withdrawal by the consumer shall be refunded to the third by the professional, without penalty, subject to the payment of statutory interest accrued.
When the right withdrawal decays ( Article 55 of the Consumer Code )
The right of withdrawal provided for in Articles 64 and following , as well as Articles 52 and 53 and paragraph 1 of Article 54 shall not apply to:
- ▪ contracts for the supply of foodstuffs, beverages or other goods intended for everyday consumption supplied to the consumer's home , to her place of residence or to his workplace by distributors who make frequent and regular rounds;
- ▪ contracts for the supply of services relating to accommodation, transport, catering or leisure services , when at the conclusion of the contract the trader undertakes to provide these services on a specific date or within a specific period.
Unless otherwise agreed between the parties , the consumer may not exercise the right of withdrawal provided for in Articles 64 and in the following cases:
- ▪ the provision of services if performance has begun, with the consumer's agreement , before the expiry of the period laid down in Article 64 , paragraph 1;
- ▪ the supply of goods or services whose price is dependent on fluctuations in the financial market that the professional is not able to control ;
- ▪ the supply of goods made to the customer 's specifications or clearly personalized or which , by their nature, can not be returned or are liable to deteriorate or expire rapidly;
- ▪ the supply of medical devices;
- ▪ the supply of audio or computer software which were unsealed by the consumer;
- ▪ the supply of newspapers, periodicals and magazines;
- ▪ the gaming and lottery services.
For more information can refer to the text of the law is available on the Ministry of Economic Development