Legal information on free withdrawal from the contract and correspondent form
1. Free withdrawal right
The consumer has the right to freely withdraw from the current contract within 14 calendar days, without the need to indicate any motive.
The deadline to exercise the free withdrawal right expires 14 days following the day after day (1)
In order to exercise the free withdrawal right, you have to communicate (2) your decision of withdrawal from the current contract by means of an unequivocal statement (e.g., letter sent by mail, fax or e-mail). You can use the withdrawal form template, but that is not mandatory. (3)
In order to respect the free withdrawal deadline, you only have to assure that your communication regarding the exercise of the free withdrawal right is sent before the end of the withdrawal deadline.
2. Free withdrawal effects
In case of withdrawal from the current contract, all payments made will be reimbursed, including the delivery costs (except the supplementary costs resulting from your choice of a shipping method other that the less expensive regular method offered by us), without an unjustified delay and, in any case, at the latest, 14 days following the date we were informed of your decision of withdrawal from the current contract. These reimbursements are made using the same payment method you used in the initial transaction, except if expressly otherwise agreed by you; in any case, you do not incur into any costs as a consequence of such reimbursement.
Filling out instructions:
(1) Insert one of the following texts between quotes:
a) In case of a services agreement or a water, gas or electricity agreement, should there be no limitations of volume or quantities sold, or of urban heat or digital content which are not supplied in a physical support: «of the conclusion of the contract. »;
b) In case of a sales and purchase agreement: «when you or a third party indicated by you, who is not the transportation company, acquires the physical possession of the goods. »;
c) In case of an agreement where the consumer ordered several goods in a single order and the goods are delivered separately: «when you or a third party indicated by you, who is not the transportation company, acquires the physical possession the last good.»;
d) In case of an agreement related to the delivery of a good made up of several batches or parts: «when you or a third party indicated by you, who is not the transportation company, acquires the physical possession the last batch or the last part.»;
e) In the case of an agreement of periodic delivery of goods during a certain period: «when you or a third party indicated by you, who is not the transportation company, acquires the physical possession the first good. »;
(2) Please insert here your name, geographical address and eventually, the phone and fax numbers and e-mail address.
(3) In case you give the consumer the possibility of filling in and presenting information about the contract withdrawal electronically through your Internet website, please insert the following: «You also have the possibility of filling in and presenting electronically the free withdrawal form template or any other unequivocal withdrawal statement through our Internet website [insert Internet address]. If you use this possibility, we will send you without delay, in a durable medium (for instance e-mail), an acknowledgment of receipt of the withdrawal request. ».
(4) In the case of a sales and purchase agreement where you have not offered to collect the goods in case of free withdrawal, please insert the following: «We may retain the reimbursement until we have received the returned goods or until proof of the shipment of goods is presented, depending on what happens first. ».
(5) In case the consumer has received the goods in the scope of the contract, please insert the following:
— «We collect the goods. », or
— «You should return the physical goods or deliver them to us or to… [please insert the name and the geographical address, if that is the case, of the person you authorize to receive the goods], without an unjustified delay and no later than 14 days following the day when you informed us of the free withdrawal of the contract. It is assumed that the deadline is respected if you return the goods before the end of the 14 days term. »;
— «We will bear the costs of the goods return. »,
— «You will have to bear the direct costs of the goods return. »,
— If, in a distance contract, you do not offer to bear the costs of the goods return and if these, by their nature, cannot be returned normally by mail: «You will have to bear the direct costs of the goods return, … EUR [please insert the amount]. »; or if the cost of the goods return cannot be reasonably calculated beforehand: — «You will have to bear the direct costs of the goods return. These costs are estimated in approximately... EUR [please insert the amount] the most. », or
— If, in a contract concluded off-premises, the goods, due to their nature, cannot be returned normally by mail and have to be delivered in hand at the residence of the consumer at the moment of the contract conclusion: «We will collect the goods at our expenses. »;
c) «You are only responsible for the depreciation of goods which results from a manipulation exceeding what is necessary to verify the nature, characteristics and functioning of the goods.».
(6) In case of a services agreement or a water, gas or electricity agreement, should there be no limitations of volume or quantities sold, or of urban heat, please insert the following: «If you have asked for the services provision or the water/gas/electricity/urban heat supply [delete as appropriate] to start during the free withdrawal deadline, you will pay us a reasonable amount which is proportional to what has been supplied until the moment you communicated your withdrawal from the current contract, in relation to the whole set of installments forecasted in the contract.».
Free withdrawal form template
(you should only fill in and return the current form if you want to withdrawal from the contract)
— To [please insert here the name, geographical address and, eventually, the fax number and email address of the professional]:
— I/We hereby communicate (*) that I/we withdraw from (*) my/our (*) sales and purchase agreement related to the following good/for the provision of the following service (*)
— Requested on (*)/received on (*)
— Name of the consumer(s)
— Address of the consumer(s)
— Signature of the consumer(s) (only if the current form is notified in paper)
(*) Delete as appropriate
The current document was updated on August 04, 2015.
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