Article 15 Consumer Clients
In this article, the following definitions apply:
Period: the period within which the Consumer can make use of the Right of Cancellation.
Consumer: an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession
Right of Cancellation: the ability for Consumers to opt out within the Period of the Distance Contract.
Distance Contract: means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded.
a) The Consumer may cancel a Distance Contract without giving any reason for a period of 14 days. This Period begins the day after the goods are received (or as otherwise agreed in writing between the Consumer and the Contractor’s representative).
b) If the Consumer wishes to exercise the Right of Cancellation, they must communicate this to the Contractor [via the model cancellation form (or otherwise in writing)] .
c) As soon as possible, but at least within 14 days (starting with the day after the date referred to in paragraph 2), the Consumer must return the goods by post or to a specified representative of the Contractor (this does not apply if the Contractor has offered to collect the goods itself). The Consumer will be said to have observed the time to return the goods in any event if it is within the Period.
d) During this Period the Consumer will not unpack or use the goods unless it is absolutely required in order to assess whether the Consumer wishes to keep the goods. If the Consumer does decide to exercise the Right of Cancellation, the goods must be returned to the Contractor with all accessories (if any) and [if [reasonably ] possible] in original condition with packaging, in accordance with the return instructions provided by the Contractor.
e) It is for the Consumer to ensure that (and if necessary, provide proof that) the Right of Cancellation was exercised in accordance with these terms.
f) If the Consumer exercises the Right of Cancellation, the Consumer must pay for the cost of returning the goods (for example, postage costs).
g) If the Consumer has already paid the purchase price for goods which have been returned, the Contractor shall refund the Consumer as soon as possible, but no later than 14 days after the goods are received by the Contractor [in a reasonably satisfactory condition, in accordance with these terms ].
h) The Contractor may exclude a Consumer’s Right of Cancellation where paragraph (i) applies. The exclusion of the Right of Cancellation is only available if it is made clear to the Consumer in the offer or in any event before the contract is concluded.
i) Exclusion of the right of cancellation is possible for goods:
i. which have been created by the Contractor in accordance with specifications provided by the Consumer;
ii. that are clearly personal in nature;
iii. [that cannot be returned due to their nature];
iv. that are perishable;
v. whose price depends on fluctuations in the financial market over which the Contractor has no influence.
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