- right of withdrawal
The provisions of this point apply only to natural persons acting solely outside the scope of their trade, profession, business or profession, who purchase, order, receive, use or exploit goods and who are designated as recipients of commercial communications or offers relating to those goods (hereinafter referred to as "consumers").
In the case of a contract for the purchase of goods, the consumer has the right to withdraw from the contract without giving any reason within fourteen (14) days of receipt of the goods or after receipt by an authorised third party other than the supplier. Acceptance of the goods shall be deemed to be
(a) in the case of a single product, the receipt of the product itself, (b) in the case of the delivery of several products, the receipt of the last product delivered, (c) in the case of a product consisting of several lots or parts, the receipt of the last lot or part delivered, (d) in the case of products delivered regularly within a specified period, the receipt of the first product. The consumer shall also be entitled to exercise his right of withdrawal during the period between the date of conclusion of the contract and the date of receipt of the goods.
This right of withdrawal does not apply to the sale of sealed audio and video recordings, nutritional supplements and computer software if the sealed packaging has been opened after receipt. The right of withdrawal also does not apply where the previously manufactured products have been specifically manufactured according to the instructions or at the request of the buyer or in the case of products which are clearly personalised for the consumer.
1.1 How to exercise the right of withdrawal
1.1.1.1 If the consumer wishes to exercise his right of withdrawal, he must send a clear statement of his intention to the seller by electronic mail to one of the addresses given at the beginning of these GTC. The consumer shall exercise his right of withdrawal within the time limit if he sends his notice of withdrawal to the seller before the expiry of the time limit previously set.
1.1.2 The burden of proving that the consumer has exercised his right of withdrawal in accordance with the provisions of point 1 is on the consumer.
1.1.3 In both cases of notification, the seller shall immediately acknowledge receipt of the consumer's withdrawal by e-mail.
1.1.4 In the case of a written withdrawal, the right of withdrawal is deemed to have been exercised within the time limit if the consumer sends his declaration to the seller within 14 days (including the 14th calendar day).
1.1.5 In the case of notification by e-mail, the seller shall take into account the date of sending the e-mail or the date of sending the e-mail when calculating the withdrawal period.
1.1.6 In the event of withdrawal, the consumer must return the ordered goods to the seller at the delivery address provided by him without undue delay, but no later than 14 days from the date of the withdrawal.
1.1.7 This time limit is deemed to have been met if the consumer sends the goods (by post or by a courier service ordered by the consumer) before the expiry of the 14-day time limit.
1.1.8 The costs of sending the product to the Seller's address or to another address provided by the Consumer are borne by the Consumer, unless the Seller has agreed to bear these costs.
At the request of the Consumer, the Seller may also arrange for the return of the goods, but the costs of the return transport organised by the Seller shall be borne by the Consumer. Therefore, the seller does not bear the costs even if the return is organised by the seller, but merely offers his assistance so that the consumer does not have to organise the return. The seller's customer service will accept any request from the consumer in this respect.
1.1.9 The Seller will not be able to accept any consignment returned by cash on delivery. The consumer shall not be charged any costs other than the cost of returning the product in connection with his withdrawal.
1.1.10 If the consumer withdraws from the contract of sale, the seller shall reimburse the consumer for all costs incurred without delay, but no later than 14 days after receipt of the consumer's notice of withdrawal. These costs shall include the transport costs paid (for the delivery), excluding any additional costs incurred because the consumer has chosen a mode of delivery other than the cheapest mode of delivery normally offered by the seller.
The seller has the right to withhold the refund until the product is returned or the consumer can credibly prove that the product has been returned. In both cases, the seller will take the earlier date into account.
1.1.11 For the refund, the seller will use the payment method used at the time of the original purchase, unless the consumer explicitly authorises the use of another payment method. The consumer shall not be charged any additional costs for using any payment method.
1.1.12 The consumer is liable only for the depreciation of the product resulting from the use of the product outside the use strictly necessary to determine the nature and characteristics of the product.
1.1.13 If the consumer exercises his right of withdrawal from the service contract after the performance has begun, he must reimburse the trader for his reasonable costs in the final settlement.
1.1.14 If the consumer exercises his right of withdrawal, the trader is entitled to claim compensation for depreciation if the use prior to return exceeded the use strictly necessary to establish the nature and characteristics of the product. It may also claim reimbursement of its reasonable costs if, in the case of a service contract, at the express request of the consumer, performance had already begun when the consumer exercised his right of withdrawal.