Right of withdrawal
You have the right to withdraw from the contract within a period of 14 days without giving reasons. The withdrawal period shall expire after 14 days from the day on which you or a third party other than the carrier and indicated by you acquires physical possession of the goods. To exercise the right of withdrawal, you must inform us,
A. Stocletlaan 214
Tel 059/41 25 61
Email [email protected]
inform you of your decision to withdraw from the contract by an unequivocal statement (e.g. written letter sent by post, fax or e-mail). You may use the attached model withdrawal form for this purpose, but you are not obliged to do so. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
1. Obligations of the consumer during the cooling-off period
- During the cooling-off period, the consumer will treat the product and its packaging with care. He shall only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
- The consumer shall only be liable for any diminution in the value of the product resulting from a manner of handling the product that goes beyond what is permitted in paragraph 1.
- The consumer shall not be liable for any diminution in the value of the product if the trader has not provided him with all the information required by law concerning the right of withdrawal before or at the time of concluding the contract.
2. Exercise of the right of withdrawal by the consumer and costs thereof
- If the consumer makes use of his right of withdrawal, he shall notify the trader of this within the withdrawal period by means of the model withdrawal form or in another unambiguous manner.
- As soon as possible, but within 14 days from the day following the notification referred to in Article 1, the consumer shall return the product or hand it over to (an authorised representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case complied with the return period if he returns the product before the cooling-off period has expired.
- The Consumer shall return the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the Entrepreneur.
- The risk and burden of proof of the correct and timely exercise of the right of withdrawal shall lie with the consumer.
- The consumer shall bear the direct costs of returning the product. If the trader has not indicated that the consumer should bear these costs or if the trader has indicated that he should bear them himself, the consumer need not bear the costs of return shipment.
- The consumer shall bear no cost for the complete or partial delivery of digital content not supplied on a tangible medium if:
- he has not expressly consented to the commencement of performance of the contract before the end of the cooling-off period;
- he has not acknowledged losing his right of withdrawal when giving his consent; or
- the trader has failed to confirm this declaration by the consumer.
- If the consumer makes use of his right of withdrawal, all supplementary contracts shall be cancelled by operation of law.
3. Obligations of the Entrepreneur in the event of withdrawal
- The trader shall reimburse all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without undue delay but within 14 days from the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with the repayment until he has received the product or until the consumer proves that he has sent the product back, whichever comes first.
- The entrepreneur shall use the same means of payment that the consumer has used for repayment, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
- If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur is not required to reimburse the additional costs for the more expensive method.
4. Exclusion of the right of withdrawal
The Entrepreneur can exclude the following products and services from the right of withdrawal only if the Entrepreneur indicated this clearly in the offer or at least in good time before concluding the contract:
- Products or services of which the price is linked to fluctuations on the financial market over which the entrepreneur has no influence and which can occur within the withdrawal period
- Contracts concluded at public auction. Public auction means a method of sale whereby products, digital content and/or services are offered by the trader to the consumer who attends or is given the opportunity to attend the auction in person, under the direction of an auctioneer, and whereby the successful bidder is bound to purchase the products, digital content and/or services.
- Service contracts, after full performance of the service, but only if:
- the execution has started with the consumer’s explicit prior consent; and
- the consumer has declared that he loses his right of withdrawal when the entrepreneur has completely fulfilled the contract;
- Package holidays as referred to in Article 7:500 of the Civil Code and passenger transport contracts;
- Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, carriage of goods, car rental services and catering;
- Contracts relating to leisure activities, if the contract provides for a specific date or period of performance;
- Products made to the consumer’s specifications, which are not prefabricated and are manufactured on the basis of an individual choice or decision by the consumer, or are clearly intended for a specific person;
- Products that spoil quickly or have a limited shelf life;
- Sealed products which are not suitable for return due to health protection or hygiene reasons and of which the seal has been broken after delivery;
- Products which, after delivery, are irrevocably mixed with other products due to their nature;
- Alcoholic beverages of which the price has been agreed upon at the conclusion of the agreement, but the delivery of which can only take place after 30 days, and the actual value of which is dependent on fluctuations in the market over which the entrepreneur has no influence;
- Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
- Newspapers, journals or magazines with the exception of subscriptions to them;
- The supply of digital content other than on a tangible medium, but only if:
- the execution has started with the consumer’s explicit prior consent; and
- the consumer has declared that he thereby loses his right of withdrawal.
5. Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
- To [name, address, e-mail address of web shop]:
- I/We* hereby give notice that I/We* withdraw from my/our* contract of sale of the following goods(*)
- Ordered on(*)/Received on(*)
- Name(s) of consumer(s)
- Consumer address(es)
- Signature of consumer(s) (only if this form is notified on paper)
(*) Delete as appropriate.