Right of withdrawal
Article 1 - Definitions
In these terms and conditions, the following terms shall have the following meanings:
- Reflection period: the period within which the consumer can exercise his right of withdrawal;
- Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
- Day(s): calendar day(s);
- Right of withdrawal: the possibility for the consumer to cancel the distance contract within the reflection period;
- Entrepreneur: the natural or legal person who is a member of the Dutch Thuiswinkel Organization and offers products, (access to) digital content and/or services to consumers remotely;
- Agreement distance selling: an agreement concluded between the entrepreneur and the consumer within the framework of an organised system for distance selling of products, whereby up to and including the conclusion of the agreement exclusive or additional use is made of one or more techniques for distance communication;
- Model withdrawal form: the European model withdrawal form included in Appendix I of these terms and conditions. Appendix I does not have to be made available if the consumer does not have a right of withdrawal with regard to his order.;
- Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having to be in the same room at the same time;
Article 2 - Delivery of products:
The right of withdrawal only applies to sales transactions (distance sales) between the entrepreneur and the consumer.
- When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 14 days. This cooling-off period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
- During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
- If the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur of this within 14 days of receiving the product. The consumer must make this known by means of the model form. After the consumer has indicated that he wishes to exercise his right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by means of proof of shipment.
- If the consumer has not indicated that he wishes to make use of his right of withdrawal after the expiry of the periods mentioned in paragraphs 2 and 3, resp. the product has not been returned to the entrepreneur, the purchase is a fact.
In the case of delivery of services:
- In the case of delivery of services, the consumer has the option to dissolve the agreement without giving reasons for at least 14 days, starting on the day the agreement was concluded.
- In order to exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.
Article 3 - Costs in the event of withdrawal
- If the consumer exercises his right of withdrawal, at most the costs of return will be for his account.
- If the consumer has paid an amount for the part, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after cancellation. The condition is that the product has already been received by the entrepreneur or conclusive proof of complete return can be provided.
Article 4 - Exclusion of the right of cancellation
- The entrepreneur can exclude the consumer's right of cancellation for products as described in paragraphs 2 and 3. The exclusion of the right of cancellation only applies if the entrepreneur has duly
the product does not fit the consumer's vehicle and the consumer has indicated that the part does fit.
The entrepreneur and consumer have agreed in advance to waive the right of withdrawal for this transaction.
Sealed products:
Sealed products may be returned provided the seal has not been broken. The consumer has the right to cancel the order up to 14 days after receipt without giving a reason, provided the seal of the product has not been broken. If the seal is broken, the order is final and can no longer be returned. Examples of sealed products are audio and navigation equipment and software of which the consumer has broken the seal.
You can download the withdrawal form here.