Terugbetalingsbeleid

Article 6 - Right of Withdrawal
  1. The consumer has the right to terminate a purchase agreement within a reflection period of 14 days without providing reasons. The entrepreneur may ask the consumer for the reason for withdrawal but cannot compel the consumer to disclose it.
  2. The reflection period mentioned in paragraph 1 starts on the day after the consumer, or a pre-designated third party other than the carrier, received the product, or:

    - If the consumer has ordered multiple products in the same order: the day the consumer, or a designated third party, received the last product.
    - If the delivery of a product consists of multiple shipments or parts: the day the consumer, or a designated third party, received the last shipment or part.
    - For agreements regarding the regular delivery of products over a specified period: the day the consumer, or a designated third party, received the first product. For services and digital content not supplied on a tangible medium:
  1. The consumer can terminate a service agreement and an agreement for the supply of digital content not supplied on a tangible medium within 14 days without providing reasons. The entrepreneur may ask the consumer for the reason for withdrawal but cannot compel the consumer to disclose it. 
  1. The reflection period mentioned in paragraph 3 starts on the day following the conclusion of the agreement. Extended reflection period for products, services, and digital content not supplied on a tangible medium when not informed about the right of withdrawal:
  1. If the entrepreneur has not provided the consumer with the mandatory information about the right of withdrawal or the model withdrawal form, the reflection period expires twelve months after the end of the originally established reflection period as determined in the preceding paragraphs of this article.
  1. If the entrepreneur provides the information referred to in the preceding paragraph to the consumer within twelve months after the start date of the original reflection period, the reflection period expires 14 days after the day on which the consumer received that information.

 

Article 7 - Obligations of the Consumer During the Reflection Period 

During the reflection period, the consumer shall handle the product and packaging with care. The consumer shall only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The principle here is that the consumer may only handle and inspect the product as he or she would be allowed to do in a physical store. Regarding gin bottles, this means that they remain unopened, and the shrink cap remains completely intact.

The consumer is only liable for any diminished value of the product resulting from handling the product beyond what is necessary as described in paragraph 1. The consumer is not liable for any diminished value of the product if the entrepreneur has not provided him with all the legally required information about the right of withdrawal before or at the conclusion of the agreement.

 

Article 8 - Exercise of the Right of Withdrawal by the Consumer and Costs

  1. If the consumer exercises his right of withdrawal, he shall report this within the cooling-off period in an unequivocal manner in writing to the entrepreneur.
  1. The consumer shall return the product as soon as possible but within 7 days following the day referred to in paragraph 1, or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
  1. The consumer returns the product with all delivered accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur. 
  1. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
  1. The consumer bears the direct costs of returning the product. If the entrepreneur has stated in writing that the consumer does not have to bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs for returning. 
  1. Expired.

     7.   Expired.

     8.   Expired.

  1. If the consumer exercises his right of withdrawal, all additional agreements are legally dissolved.

 

Article 9 - Obligations of the Entrepreneur in case of Withdrawal 

  1. If the entrepreneur makes it possible for the consumer to notify his withdrawal electronically, he will send a confirmation of receipt as soon as possible, but certainly within 3 working days, after receiving this notification.
  1. The entrepreneur reimburses all payments from the consumer, excluding any delivery costs charged by the entrepreneur for the returned and to be returned product, without delay but within 14 days following the day on which the entrepreneur receives the product(s)/goods to be returned due to withdrawal by the consumer. Unless the entrepreneur offers to collect the product himself, the entrepreneur may wait with reimbursing until he has fully received the product in return.
  1. The entrepreneur uses the same means of payment that the consumer used, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer. 
  1. In case the entrepreneur has in writing offered to reimburse costs for a (return) shipment, this reimbursement will be based on the cheapest standard delivery. The entrepreneur is not obliged to reimburse additional costs for the more expensive method.

 

Article 10 - Exclusion of the Right of Withdrawal

 The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly mentioned this at the offer, at least in time for the conclusion of the agreement:

- Products or services whose price is dependent on fluctuations in the financial market over which the entrepreneur has no influence and which can occur within the withdrawal period

- Agreements concluded during a public auction. A public auction means a sales method where products, digital content, and/or services are offered by the entrepreneur to the consumer who is present or has the opportunity to be present at the auction, conducted under the supervision of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content, and/or services;

- Service agreements, after full execution of the service, but only if: a. the execution has started with the express prior consent of the consumer; and b. the consumer has declared that he loses his right of withdrawal once the entrepreneur has fully executed the agreement;

- Expired.

- Expired.

- Agreements related to leisure activities, if a specific date or period of performance is provided for in the agreement;

- Products made according to the consumer's specifications, which are not prefabricated and which are made based on an individual choice or decision of the consumer or which are clearly intended for a specific person;

- Products that spoil quickly or have a limited shelf life;

- Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;

- Products that, by their nature, are irrevocably mixed with other products after delivery;

- Alcoholic beverages for which the price has been agreed upon at the time of the conclusion of the agreement, but the delivery of which can only take place after 30 days, and whose actual value depends on fluctuations in the market over which the entrepreneur has no influence;

- Expired.

- Expired.

- The supply of digital content other than on a tangible medium, but only if: a. the execution has started