General terms of online sales
General terms of online sales
( Belgium – July 2014)
1 Seller identification
Sprl Alto Outlet Thebootik
Address : Quai aux Briques 58, 1000 Brussels
VAT : BE0883567555
BCE : 0883567555
Email : firstname.lastname@example.org
Sprl Alto Outlet conducts its seller’s business under the trade name and brand « Thebootik».
2 Applicability of the general terms
2.1 These general terms of sale (hereinafter referred to as the « General Terms ») are applicable to the contract entered into between, firstly, Sprl Alto Outlet Thebootik (further designed in article 1 and hereinafter referred to as « Thebootik » or « Us ») and, secondly, the persons ( referred to as « Customer(s) » or « You ») who wish to complete a purchase via the web site of Thebootik accessible at the address www.thebootik.be ( referred to as the « Site »).
2.2 The General Terms apply to all offers and orders, to all payments, product deliveries and provisions of services completed by Thebootik and exclusively, given all the contractual relations between Thebootik and the Customer. Should a condition be missing, it would be considered as governed by the customs applicable in the area of mail order sales whose companies are headquartered in Belgium. They follow all the necessary steps for placing the order and ensure the follow up of that order between the parties to the contract. The General Terms only apply to on line sales in the territories of the following countries : Belgium, France, Luxembourg, The Netherlands, Germany.
2.3 When validating the order according to the processes specified on the Site, the Customer unreservedly agrees to the General Terms, as well as to the prices and descriptions of the sold products and services. These General Terms are the only terms applicable and superseded any other conditions, unless otherwise agreed formally and in writing.
2.4 Thebootik reserves the right to amend the General Terms at any time. The new amended General Terms shall apply instantly, except for orders already accepted by Thebootik, which will remain governed by the General Terms applicable on the order confirmation date.
2.5 Some provisions of these General Terms apply only to individuals acting in the capacity as consumer, i.e. who buy or use the bought products for non business-related purposes.
3.1 The offers appearing on the Site of Thebootik do not constitute any commitment. The products and services presented for purchase constitute in no way a contractual proposal and therefore the mere will expressed by the Customer to buy them, apart from the placing order process specified in the General Terms and on the Site, shall not result alone, in a contractual relationship.
3.2 A Customer wanting to buy on the Site, states that he has full legal capacity. No person sustaining incapacity including in the meaning of articles 1123 et seq. of the Belgian civil Code can buy from the Site. The consultation of the Site and of the services that it offers are then under the responsibility of the legal representative of the incapacitated person. The legal representative should comply with these provisions. At any rate, upon the provision of personal data, the legal representative shall compile himself the registration form or formally authorise the person he represents to fill out the said form.
3.3 The Customer is contractually bound after having regularly and completely followed the order process, which includes several phases :
- The Customer places the order with Thebootik via the order form available from the Site and informs it that he wants to order the identified product ;
- The Customer is then asked to encode some data regarding him and the goods that he wishes to order. The order cannot be entered on the Site unless the Customer has clearly identified himself ;
- The Customer is then asked to complete his payment according to the settlement methods offered on the Site ;
- A Web page and/or electronic e-mail will inform the Customer that his order has been received.
3.4 The contract is entered into after confirmation of the receipt of the settlement or validity of the payment method by Thebootik. Such a confirmation is sent to the Customer by electronic mail or display of a specific web page. In addition to the General Terms, the rights and duties of the parties are specified upon the sending of the confirmation which includes :
- the order number ;
- the order placing date ;
- the address of the Customer ;
- the details of the order, i.e. the name of the ordered product or service, the unit price of the product or service as well as the total order price (including VAT, if applicable), the delivery costs and the delivery method ;
- the contact details of Thebootik;
- a statement indicating whether the Customer has or not the right to waive the purchases within 14 calendar days.
3.5 Thebootik reserves the right to suspend or refuse the order confirmation in the following cases, including but not limited to :
- order is incomplete or inaccurate ;
- provision of obviously wrong data ;
- payment not received according to agreed terms ;
- as needed, denial of authorisation by the financial institution of the Customer.
4.1 All prices mentioned on the Site are understood as all taxes included, but without delivery costs. Postage costs are specified during the order process and are based on the total value of the order, the shipping method and address. The prices offered at the end of the order processes are overall prices and include, unless otherwise specified, taxes and costs.
4.2 The offers and prices are valid on the day of consultation of the Site. They can be changed at any time, it being understood that such changes shall have no impact on the duties of the parties, relating to orders previously confirmed by Thebootik. In the event of an obviously wrong price displayed, for example a paltry price, whatever the reason therefore (information system bug, manual error, technical error...), the order, even when validated by Thebootik, shall be cancelled, which Thebootik will advise the Customer of promptly. The Customer shall then be in a position, if he wishes, to replace the order at the corrected and true price.
4.3 All other present and future taxes, indirect taxation, recycling taxes, duties and withholdings, levied by an authority in connection with, or in pursuance of, the sales subjected to the General Terms, shall still be payable by the Customer and shall, as needed, be payable in addition to the price of the products and services. Possible banking costs shall be payable by the Customer.
4.4 Without prejudice to the foregoing, Thebootik is allowed, at any time, and without prior notice, to suspend the sale of the products and services, to change the product selection or change the price range of its products and services, it being understood that such changes shall have no impact on orders previously accepted by Thebootik.
4.5 The products remain the property of Thebootik until the full price is paid.
5.1 Payments are made in euro (€). Price conversion tools are also available from the Site but only for informational purposes, and do not incur the responsibility of Thebootik.
5.2 Upon the validation of the order, several payment methods are offered (based on the country where Customer is located) :
- Credit card : You specify your Visa or Mastercard card number, the control number as well as the expiry date and holder name. The amount is then withdrawn upon the sending of your order subject to first receiving the authorisation to debit your account from the relevant payment centres, failing which your order cannot be taken into account. In some cases, the Card-Reader (Webbanking security tool) provided by your bank will be requested from you, for even more safety ;
- Prior transfer or internet transfer. With that payment method, you are automatically directed to your Webbanking or make a transfer from a terminal, or from your bank ;
5.3 All payments are fully secure. The server is in encoded mode and all conveyed information is coded.
5.4 We inform You additionally that Thebootik has set up a system aimed at preventing internet payment method frauds and thus protecting all consumers. In that framework, Thebootik checks the reliability of the information entered by you upon the registration of an order. In the event of an automatic alert triggered by the information relating to your order, our fraud prevention department my request additional information from you as well as some supporting documents (such as : copy of an identity document, proof of address,...) based on which Thebootik may validate or cancel your order. In that case, in order to ensure the shipping of your order within the specified time, we recommend that You indicate a telephone number where you can easily be reached, to confirm the information entered or send back the documents promptly.
6.1 Thebootik offers You several delivery methods : for further details, please read the Delivery page.
6.2 The products bought from the Site are delivered only to the countries specified in the Site. We ask you to place your order from the Site of the respective country. It is the country of delivery that determines your purchase Site.
6.3 Thebootik does not guarantee delivery to postal boxes. Deliveries are made to the address mentioned by the Customer or to a Bpost collection point, according to the options offered by the carrier. To withdraw the parcels from Bpost collection points, a valid ID car dis required. Failing, the ordered products cannot be delivered. The parcels are kept for 14 days in Bpost collection points, and are then returned to Thebootik.
6.4 Thebootik fulfils the order within the time specified during the order process. In theory, the order is shipped within 7 working days after the confirmation of the order, if all products are in inventory. The delivery times are however the average delivery times mentioned, for informational purposes, with no commitment or guarantee by Thebootik. In the event if any inventory shortage, the reordering times are specified on the Site’s respective page. Upon the supplies being received, We will ship the order within 7 working days.
6.5 Once the order is fulfilled, it is entrusted with a carrier who shall be responsible for delivery to the Customer. An electronic shipping confirmation e-mail shall be sent upon delivery of the parcel to the carrier. The delivery time depends on the carrier. You may refer to the Delivery section of the Site.
6.6 The order is delivered to the address specified by the Customer in the order processes and according to the terms specified. The shipping note of the order delivered by the carrier constitutes a presumption of the effective delivery of the order (and its proper receipt by the Customer) which constitutes evidence, unless proven otherwise by the Customer.
6.7 In the event of delivery by a carrier requiring an appointment to be made with the Customer, the carrier shall contact You promptly to set up a delivery time with You within 30 days, at the latest as from the order validation date. Thebootik shall not be responsible for a delivery delay that is exclusively due to the Customer’s unavailability, after several meeting proposals by the carrier.
6.8 When you order several products at the same time and their delivery dates are different the delivery date shall take into consideration the remotest date. However Thebootik reserves the right to spread shipments. Participation in the handling and shipping costs shall however be charged only for one shipment.
6.9 In the event of any delayed shipment, an e-mail will be sent to You to inform You of a possible consequence on the delivery date that was initially specified to You. In the event of a late delivery, we will suggest another delivery date, by electronic mail.
At any rate, in the event of a delivery delayed by more than 7 days, You have the right to cancel your order, within a period of 60 working days. In that event, if You receive the product after your cancellation, we will reimburse the product and return costs, on receipt of the product by us, complete and in its original condition.
6.10 On receipt of your order, we recommend that You check that the delivered products for compliance with your order or damages and specified, as needed and as possible, on the delivery form and subject to handwritten reserves signed by you, any anomaly regarding them. We therefore recommend that You send us such reserves promptly.
7 Waiver right
7.1 Only the consumer Customer has a fourteen day period to cancel the contract and waive his purchase, without having to motivate his decision (hereinafter the « Cancellation Right »). The cancellation period (hereinafter the « Cancellation Period ») expires after a fourteen day period as from :
a) for service contracts, the contract date ;
b) for sale contracts, the day the consumer Customer or a third party other than the carrier and designated by the consumer Customer, takes physically possession of the goods or :
i) for multiple goods ordered by the consumer Customer in one single order and delivered separately, the day the consumer Customer or a third party other than the carrier and designated by the consumer Customer takes physically possession of the goods ;
ii) in the event of a delivery of a good made up of multiple lots or pieces, the day the consumer Customer or a third party other than the carrier and designated by the consumer Customer takes physically possession of the last batch or the last pièce ;
iii) in the event of contracts involving the regular delivery of goods for a specific period of time, the day the consumer Customer or a third party other than the carrier and designated by the consumer Customer takes physically possession of the first good.
7.2 The consumer Customer informs Thebootik, before the expiration of the Cancellation Period, of its decision to withdraw from the contract. To do so, the consumer Customer can either :
a) Use the cancellation form model appearing on the Site [Page]
b) Make another clear statement, stating his decision to cancel the contract.
The consumer Customer has exercised his cancellation right within the Cancellation Period if he sends the notification regarding the exercising of the cancellation right before the expiration of the time mentioned in article 7.1. The cancellation right is notified either by registered mail or by fax, electronic mail or via the Site. In the latter 2 cases, Thebootik shall promptly provide the consumer Customer with a cancellation confirmation receipt on a lasting medium.
The burden of proof regarding the exercising of the Cancellation Right in accordance with this article lays with the consumer Customer.
Returns that are not previously notified are not accepted.
7.3 Thebootik shall reimburse all payments received from the consumer Customer, including, as needed, delivery costs, with no excessive delay and at any rate within fourteen days following the date it is informed of the decision by the consumer Customer to cancel the contract.
Thebootik shall complete the reimbursement using the same payment method as the one used by the consumer Customer for the initial transaction unless otherwise formally agreed by the consumer Customer for another means of payment and provided the reimbursement does not cause costs for the consumer Customer.
Thebootik may defer the reimbursement until the goods are collected or (at Thebootik’s option) until the consumer Customer provides proof of the shipment of the goods, the date used being the date of the first of such events.
Thebootik shall not reimburse additional costs if the consumer Customer has formally chosen a delivery method other than the less costly standard delivery method offered by Thebootik.
7.4 Unless Thebootik offers to collect the goods itself, the consumer Customer shall send back or return the goods to Thebootik or to a person authorised by it for receiving the goods, with no excessive delay and at any rate, at the latest fourteen days following the notification to Thebootik of its decision to withdraw from the contract.
A consumer Customer should display diligence and take all reasonable steps when packing the good and sending it back to prevent any deterioration during transport. The consumer Customer shall use carriage services offering the same quality and safety guarantees as those of the initial transport. The item should be returned in new condition, in a condition allowing it to be resold by Thebootik (with its accessories and instructions), in the original packaging. The packaging should bear the proper postage (the order number should be mentioned). ...). The responsibility of the consumer Customer is incurred only for damages to the goods resulting from handling other than necessary handling to determine the nature, the features and the proper operation of the goods. Items that are returned incomplete, deteriorated, dated or soiled by the consumer Customer shall not be taken back.
The items should be returned in their original packaging, accompanied by the detachable « exchange and return slip » section of the sending slip. You should carefully keep the other section of the sending list that constitutes your supporting document and warranty form. Upon the return, the collection points or the Post should provide You with a supporting document. Attach it to the section of the sending list that You keep. It will be requested from you in the event of a dispute.
The consumer Customer only bears the direct costs generated by return of the goods.
It is recommended to attach a completed and signed return slip to any returned parcel. Such a return is available to you on the Site and/or in the delivery parcel.
We inform You that the products should be returned to Belgium. The return may be done via a carrier chosen by you, which should however offer the same quality and safety guarantees as those of the initial carriage. It is however strongly recommended to return the goods to Us by registered mail or tracked mail and to take out, as needed, an insurance policy to cover the market value of the products, with the carrier, in order to protect You against any loss thereof or damage thereto.
We ask You to return the products to the address specified in the return form.
9.1 All products and services offered through the Site of Thebootik are described in good faith and as faithfully as possible. The Customer may usefully refer to the description and technical sheet. The images shown on the Site are not contractually binding.
9.2 Should the delivered product obviously not correspond to the ordered product, the Customer shall have a 2 day period as from the receipt of the parcel to notify his complaint to us. To be admissible, any complaint should be made in writing (either by post or by electronic mail).
9.3 In pursuance of the legal compliance guarantee, Thebootik agrees, towards a consumer Customer, to deliver his order in accordance with the sale contract entered into, and is responsible for possible compliance defects found upon the delivery.
To meet the contract, the products should :
1) meet the description found on the Site upon your order ;
2) be fit for the intended uses that products of the same type are usually used for or any other special use sought by the Customer and that the latter has informed Thebootik of prior to his order, and formally accepted by it ;
3) offer the usual quality and services of a product of the same type, that any Customer can reasonably expect, while taking into account the nature of the product and the features described on the Site.
Should a compliance defect be found, the defective product shall be brought up to compliance, at no cost to the consumer Customer.
In addition, the legal warranty may not apply, or apply only particularly in some cases, such as :
- the repair of damages resulting from a cause external to the device (for instance, accident, impact, lightening, current surge, oxidation, presence of sand...)
- the Customer’s fault resulting, for instance, from a use or installation not meeting the specifications of the manufacturer ;
- use harmful to the proper conservation of the device ;
- any compliance defect that the Customer was aware of at the time of placing his order.
Unless otherwise specified in the order, should a defect take place within 2 years as from the delivery date, the Customer shall have 2 months as from the date the defect is found to implement the legal compliance guarantee. In that case, the Customer has the right, at first, to demand the repair or replacement of the goods, in both cases, at no cost, unless it is impossible or out of proportion. Then, the Customer has the right to demand an adequate reduction of the price or the termination of the contract, if he is entitled neither to repair or replacement of the good. To be admissible, any compliant should be made in writing (either by mail or by electronic mail).
9.4 Our warranty is limited to the legal compliance warranty of the consumer Customer specified in the Civil Code and to the latent defect warranty. We are not responsible for general or specific indirect damages, of any kind, sustained by the Customer. The warranty does not cover the improper use of the sold thing, normal wear, repairs made by a third party or by the Customer and maintenance defects.
9.5 In addition to legal guaranties, some goods sold on the Site carry commercial warranties whose scope and duration differ depending on the products and brands. The commercial warranty commits he who issues it, and not Thebootik. Generally, commercial warranties do not cover :
- the replacement of consumables (batteries, bulbs, fuses, recording or playing heads …) ;
- accessory failures and damages ;
- abnormal or non compliant use of the products ;
- damages due to work by a repairer not approved by the manufacturer ;
- damages resulting from a cause external to the device (for instance, an accident, internal or external impact, lightening, current surge, oxidation, presence of sand…).
We therefore ask you to carefully read the instructions provided with the products and the exact terms of the commercial warranties that the products can carry.
In any case, Thebootik shall not be held responsible in the event of the manufacturer’s refusal to apply its warranty for the reasons stated above. When the commercial warranty is not applicable, the repair may possibly be the subject of an estimate prepared by the manufacturer. You may be charged administrative costs by the manufacturer should you ask for the return of your product without the repairs suggested in the estimate. You may also choose to give up your product at no extra cost.
You shall have 3 months to accept or refuse the thus prepared estimate, and pay possible amounts owed. After that time, the estimate shall be considered as refused and the goods abandoned, without any compensation being claimed.
10 Intellectual property
10.1 The Customer agrees that the information, images and data found on the Site, in any form (illustrations, texts, designations, brands, images, videos, data, opinions, comments…), are the property of Thebootik and/or its contracting parties or partners and agrees not to publish, circulate, use, transform, alter, reproduce in full or in part, in any manner or in any form whatsoever, unless otherwise authorised, previously, formally and in writing, by Thebootik and/or its contracting parties or partners. This applies both to the contents of the Site and its components, and its form, presentation and structure.
10.2 The brands, appellations and logos, whether registered or not, found on the Site as well as the databases used in the framework of the use of the Site are the exclusive property of Thebootik and/or of other companies and cannot be used or reproduced.
10.3 No clause of the contract between Thebootik and the Customer may be construed as being a transfer of property rights, including intellectual property rights, to the Customer.
10.4 A Customer that has a personal web site and wishes to place, for his personal use, on his site, a simple link referring directly to a page of the Site of Thebootik, should ask Thebootik for permission to do so. It shall not be in that case, a tacit affiliation agreement. However, by hypertext link referring to the Site of Thebootik and using the framing or in-line linking technique is formally prohibited. In all cases, any link, even tacitly allowed, should be withdrawn on a simple request by the Thebootik company.
11 Responsibility exclusion
11.1 Thebootik shall provide the Customer, subject to the limits of these terms, its web Site, its functions and the information found therein. Thebootik only has a duty of mans, for all steps of access to the Site, of the order process, of delivery or later services.
12 Any information published or circulated on the Site is given for informational purposes only, to the Customers consulting the same. Such information is published with no undertaking as to their completeness, accurateness and validity, as to their updating and without any guarantee of any kind, wither formal or implicit. Thebootik does not guarantee the accuracy of the information of the Site, which may contain technical inaccuracies or errors. Thebootik declines any liability regarding the updating of the Site and the guarantee of completeness and accurateness of the information found on the site. Part of such information comes from third parties that Thebootik considers as reliable sources. Thebootik however declines any liability in the event of erroneous or inaccurate information appearing on the Site, whether it comes from Thebootik or from third parties. The Customer shall be solely responsible for any use of the Site or of the information reproduced therein.
12.1 Thebootik may insert on the pages of the Site some links to other web sources. However it shall not be responsible for the contents of the sites, product advertising, products, services or any other equipment available on, or from external sources, nor damages or losses that could result from their consultation or be connected to the use or such sites or external sources.
12.2 Thebootik shall not be held responsible for possible damages resulting from the use of the property by the Customer, such as injuries, allergies, etc.
12.3 Thebootik shall have a general duty of means. Thebootik shall not be held responsible for possible direct or indirect damages incurred by the Customer in the framework of the use of the web Site web and/or its contents. Likewise, Thebootik shall be responsible only for its fraud or serious fault. It shall not be responsible for any fraud or serious fault by its agents and principals, and generally, by its sub-contractors and performance agents. The Customer shall also hold Thebootik harmless against any compliant, in any of the following cases : - loss of opportunity or business income related to the operation, or lack of operation, to the use or absence of use, of the web site, to the use thereof or absence of contents found or to be found therein ; - illegal or unauthorised intrusion by any third party in the web server ; - introduction of an electronic virus in the web server or the web site ; - temporary clogging of the pass band ; - interruption of the web connection service for a cause beyond Thebootik’s control. The Customer accepts that the items / functions / graphical charters, etc. offered on the web Site are likely to change. Thus, some functions will be deleted and others added, without the Customer making any particular claim. Likewise, Thebootik shall decide alone about the need to include / delete any content found on the web Site. Lastly, Thebootik reserves the right, at any time and for any reason, to change or temporary or permanently interrupt, all or part of the access to the web site, without having to inform the Customer first. This shall apply, for instance, in the event of maintenance of the web Site or of a significant change in the services and / or functions offered. Thebootik shall not be held responsible for any direct or indirect loss related to any change in, suspension or interruption of the access to the web site, for any reason.
12.4 Thebootik shall be responsible only for the contents of the pages that it publishes.
12.5 Thebootik declines any liability for any indirect loss in connection herewith, trading loss, loss of profit, loss of chance, damages or costs, that could arise in connection with the purchase of the products.
12.6 We remind You that it is advised to back the data contained in the bought products. Thebootik shall not be responsible for any loss of data, loss of files or damages such as defined in the above paragraph. No full or partial impossibility to use the products, including due to equipment incompatibility, shall lead to any compensation, reimbursement or involvement of the responsibility of Thebootik. The performance of our products is compatible with professional customs even though Thebootik does not aim to sell to professionals. Thebootik therefore declines any responsibility for any loss, whatever it may be, resulting from a professional activity.
13 Privacy and confidentiality
13.2 The personal data relating to Customers are contained in the databases of Thebootik. The person responsible for the processing is Thebootik.
13.3 When adhering to the General Terms of sale, the Customer expresses his agreement for his data to be recorded and processed by Thebootik :
- for administration purposes ;
- with a view to the management of the contractual relationships and the customer base (in letter exchanges in the framework of the contractual relationship or in the event of a dispute) ;
- with a view to the conduct of market surveys ;
- with a view to the performance of the contract ;
- with a view to the completion of information or promotional operations on the products and services of Thebootik.
13.4 Such data may be provided to the organisations that are contractually related to Thebootik (business partners, charity sector, associations, interest or opinion groups) that will send you customised promotional offers.
13.5 The Customer has the right to object, free of charge, to the processing of his data for sales prospection or directly marketing purposes by sending an electronic mail or postal letter to Thebootik (at the contact details mentioned in Article 1).
13.6 The Customer has the right to ask to view his data and to seek rectification of any inaccurate data. The Customer shall send, to that end, an electronic mail or postal mail to Thebootik (at the contact details mentioned in Article 1).
13.7 Further information regarding privacy protection in electronic processes can be obtained from the Commission de la Protection de la Vie Privée, Rue Haute 139 à 1000 Brussels or from the web site http://privacy.fgov.be.
14 Force majeure
14.1 In the event of force majeure, the party that is victim thereof is exempted from any responsibility. It may reduce its undertakings, cancel the agreement or terminate or suspend the performance thereof, without having to pay any compensation.
14.2 Shall be considered by the parties as force majeure events : war, civil war, strikes, lock-outs, machine breakage, fire, floods, interruption of transport means, raw material shortages, energy shortages, restrictions or provisions imposed by the authorities, delays due to suppliers and generally, any cause leading to unemployment or to the full or partial unavailability of the premises of Thebootik or of that of its suppliers.
15 Recording and filing of transactions and evidence
15.1 The filing of the order forms and invoices is done on a reliable and lasting medium, so as to correspond to a faithful and lasting copy.
15.2 All Parties agree, in the framework of their relations, the principle of electronic evidence (for instance : electronic mail , backups, etc).
16 Comments, criticism, communication
All opinions filed by the Customers on the Site are monitored and watched by the marketing team. If the comments breach the law and ethics (abusive publicity, derogatory comments, insults, comments out of context ...) Thebootik reserves the right to refuse or amend the respective opinion.
In the event any clauses of this contract is null and void due to a change in laws, regulations or to a court ruling, it shall not affect in any way the validity and compliance of the clauses with the contract and the General Terms.
18 Applicable law – Jurisdictional clauses
18.1 The contractual relationships between Thebootik and the Customer are governed by the laws of Belgian, whatever the nationality of the parties.
18.2 Any dispute shall be brought to the courts and tribunals of Brussels.
18.3 All Parties agree, in the framework of their relationships, to the principle of electronic evidence (for instance : electronic mail, backups, etc).
Appendix : Cancellation right
Appendix 1. – STANDARD CANCELLATION INFORMATION
You have the right to cancel this contract without any reason within fourteen days.
The cancellation period expires 14 days after the day (1).
To exercise the cancellation right, you should notify (2) your decision to cancel this contract in a clear statement (for instance, a letter sent by mail, fax or electronic mail ). You may use the cancellation form model, though it is not mandatory. (3)
For the cancellation period to be met, you just need to send your notification relating to the exercising of the cancellation right before the expiration of the cancellation period.
1. Effects of the cancellation
In the event of your cancellation of this contract, we will reimburse you for any payments received from you including delivery costs (except for additional costs arising from the fact that you chose, as needed, another delivery cost than the less costly standard cost suggested by us) with no excessive delay and at any rate, at the latest fourteen days as from the day we are informed of your cancellation of this contract. We will complete the reimbursement using the same payment method as the one used for the initial transaction unless you formally agree to a different method ; at any rate, that reimbursement will lead to no costs for you. (4)
2. Instructions to be followed to full in the information
(1) Add one of the following passages between quotation marks :
a) if it is a contract for service or a contract covering the supply of water, gas or electricity when they are not conditionally on a marked volume or a specific amount, of urban heating or a numerical content not supplied on a physical medium : "after the execution of the contract.";
b) if it is a contract for sale : "when yourself, or a third party other than the carrier and designated by you, takes physically possession of the good." ;
c) if it is a contract covering several goods ordered by the consumer in one single order and the goods are delivered separately : "when yourself, or a third party other than the carrier and designated by you, takes physically possession of the last good." ;
d) if it is a contract covering the delivery of a good in more than one batches or pieces : "when yourself, or a third party other than the carrier and designated by you, takes physically possession of the last batch or the last piece." ;
e) if it is a contract covering the regular delivery of goods during a specific period of time : "when yourself, or a third party other than the carrier and designated by you, takes physically possession of the first good." ;
(2) Insert your name, your geographical address and when available, your telephone number, your fax number or your electronic address.
(3) If you give the consumer the right to fill in and send electronically the information about his cancellation of the contract on your web site, insert the following text : "You may also fill out and send the cancellation form model or any other clear statement to our web site [insert the address of the web site]. If you use that option, we will promptly send a cancellation confirmation receipt on a lasting medium (for instance by e-mail)."
(4) If it is a sale contract in the framework of which you did not offer to collect the good in the event of cancellation , insert the following text : " We can defer the reimbursement until we receive the good or you provide proof of the good being send, the date applied being the first of those events."
(5) If the consumer user received the goods in the framework of the contract :
a) insert :
- "We collect the good " ; or
- "You will need to send back or return the good to us or to … [insert the name and geographical location, as needed, of the person authosied by you to receive the goods] with no excessive delay, and at any rate at the latest 14 days after you send us your decision to cancel this contract. That time is deemed met if you send back the good before the expiration of the fourteen day time."
b) insert :
- "We will pay for the costs to return the good.";
- "You should bear the direct cost of returning the good.";
- If in the event of a remote contract, you do not offer to pay for the costs to return the good and the good, due to its nature, cannot be normally sent back by poste : "You should pay for the direct costs to return the good, ... EUR [ the amount]."; or if the cost to return the good cannot be reasonably calculated in advance : "You should pay for the direct costs to return the good. Such costs are estimated at a maximum amount of ... EUR [ insert the amount]." ; or
- If, in the event of a contract outside the establishment, the good, due to its nature, cannot be normally sent back by poste and was delivered to the address of the consumer at the time of the execution of the contract : "We collect the good at our own costs." and
c) insert : "Your responsibility is incurred only for depreciation of the good resulting from handling other than necessary handling for establishing the nature, features and proper use of the good."
(6) In the event of a contract for the provision of services or supply of water, gas or electricity, when not conditional on a marked volume or in a specific amount, or urban gas, insert the following text : "If you have asked to start the service or supply of water/gas/urban heating/electricity [delete as appropriate] during the cancellation period, you should pay us an amount proportional to what was supplied to you until such time when you informed us of your cancellation of this contract, considering all the services specified by the contract.""
Appendix 2. – CANCELLATION FORM MODEL
(Please complete and send this form back only if you wish to cancel the contract)
- For the attention of [the company inserts here its name, its geographical location and, when available, its fax number and electronic address] :
- I/we(*) notify you (*) hereby of my/our (*) cancellation of the contract for the sale of the good (*) / for the service (*) below
- Ordered (*)/received on (*)
- Name of consumer(s)
- Address of consumers
- Signature of consumers (only in the event of the notification of this form on paper)
(*) Delete as appropriate." .