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Right of Withdrawal

Right of Withdrawal

1. Consumer's Right of Withdrawal

A consumer who concludes a distance contract has the right to withdraw from the contract without giving any reason within the statutory withdrawal period, unless an exception to the right of withdrawal applies.

For the purchase of physical goods, the withdrawal period is generally 14 days from the day on which the consumer, or a third party designated by the consumer other than the carrier, takes physical possession of the goods.

For contracts for the supply of digital content which is not supplied on a tangible medium, the withdrawal period is generally 14 days from the conclusion of the contract, unless the consumer has lost the right of withdrawal in accordance with applicable consumer protection law.

To exercise the right of withdrawal, the consumer may use the model withdrawal form or make any other unequivocal statement clearly expressing the decision to withdraw from the contract.

2. Digital Content Supplied Electronically

Special rules apply to digital content which is not supplied on a tangible medium, including electronically supplied licence keys, activation codes, software licences and other digital content.

Before completing the order, the consumer provides separate and express consent for the supply of the digital content to begin before the expiry of the statutory withdrawal period and acknowledges that, once the supply of the digital content has begun, the consumer loses the right of withdrawal.

Where:

a) the consumer has expressly consented to the supply of the digital content beginning before the expiry of the withdrawal period;

b) the consumer has acknowledged that the consumer thereby loses the right of withdrawal;

c) the supply of the digital content has begun and the digital content has been made available to the consumer; and

d) the consumer has been provided with the confirmation required by applicable consumer protection law.

The consumer no longer has the right to withdraw from the contract within the 14-day withdrawal period without giving a reason.

Digital content is considered to have been made available when it has been supplied to the consumer in a manner that enables the consumer to access or use it in accordance with the contract.

3. Licence and Activation Keys

Electronically supplied licence keys, activation codes, software licences and similar electronically supplied products constitute digital content and are subject to the applicable rules governing the supply of digital content.

Where the statutory requirements described above have been fulfilled and the digital content, including a licence or activation key, has been supplied to the consumer, the consumer may no longer exercise the 14-day right of withdrawal merely because the consumer has subsequently changed their mind about the purchase.

This does not affect the consumer's statutory rights in relation to defective or non-conforming digital content.

4. Defective or Non-Conforming Digital Content

The loss of the 14-day right of withdrawal without giving a reason does not result in the loss of the consumer's statutory rights where the supplied digital content is defective or does not conform to the contract.

If the supplied digital content, software licence or activation key is defective or does not conform to the contract, the consumer may exercise the remedies available under applicable consumer protection law.

The consumer shall provide reasonable cooperation where necessary to determine the cause of the reported lack of conformity, to the extent that such cooperation may lawfully be required.

Rights and remedies relating to defective or non-conforming digital content are assessed separately from the consumer's 14-day right of withdrawal without giving a reason.

5. Return of Physical Goods

Where the consumer validly withdraws from a contract concerning physical goods, the consumer must send back or hand over the goods without undue delay and, in any event, no later than 14 days from the date on which the consumer communicates the withdrawal, unless applicable law or an agreement with the seller provides otherwise.

The consumer is liable only for any diminished value of the goods resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the goods.

The consumer bears the direct cost of returning the goods unless applicable law or the seller provides otherwise.

6. Refunds

Where the consumer validly withdraws from the contract, the seller shall reimburse payments received from the consumer in accordance with the conditions and time limits established by applicable consumer protection law.

The reimbursement shall generally be made using the same means of payment used by the consumer for the original transaction, unless the consumer has expressly agreed otherwise and does not incur any additional fees as a result.

For contracts concerning physical goods, the seller may withhold reimbursement until the goods have been received back or until the consumer has supplied evidence of having sent the goods back, whichever occurs first, unless applicable law provides otherwise.

7. Exceptions to the Right of Withdrawal

The consumer does not have a right of withdrawal in cases where an exception is provided by applicable consumer protection law.

Such exceptions may include, in particular:

a) services which have been fully performed where the statutory requirements for the loss of the right of withdrawal have been fulfilled;

b) goods made to the consumer's specifications or clearly personalised;

c) goods which are liable to deteriorate or expire rapidly;

d) sealed goods which are not suitable for return due to health protection or hygiene reasons and which have been unsealed after delivery;

e) sealed audio or video recordings or sealed computer software which have been unsealed after delivery;

f) digital content which is not supplied on a tangible medium where the statutory requirements for the loss of the right of withdrawal have been fulfilled;

g) other cases provided for by applicable consumer protection law.

8. Exercising the Right of Withdrawal

The consumer may exercise the right of withdrawal by making an unequivocal statement to the seller clearly expressing the decision to withdraw from the contract.

The consumer may also use the model withdrawal form provided by the seller.

To meet the withdrawal deadline, it is sufficient for the consumer to send the communication concerning the exercise of the right of withdrawal before the relevant withdrawal period has expired.

Where the seller provides an online withdrawal function in accordance with applicable legal requirements, the consumer may also exercise the right of withdrawal through that function.

9. Applicable Consumer Protection Rules

The consumer's rights concerning withdrawal from the contract are governed by applicable consumer protection laws and, for consumers within the European Union, by the relevant national legislation implementing and supplementing European Union consumer protection rules.

Any choice of applicable law contained in the Terms and Conditions shall not deprive the consumer of mandatory consumer protection rights applicable to the consumer under European Union and national law.

Nothing in these terms excludes or restricts any mandatory statutory rights available to the consumer, including rights and remedies relating to defective or non-conforming digital content.