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Obligations of the entrepreneur in the event of withdrawal


1. If the entrepreneur enables the notification of withdrawal by the consumer electronically, he will immediately send a confirmation of receipt after receiving this notification.


2. The entrepreneur will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with reimbursement until he has received the product or until the consumer demonstrates that he has returned the product, whichever is the earlier.


3. The entrepreneur uses the same payment method that the consumer used for reimbursement, unless the consumer agrees to a different method. The refund is free of charge for the consumer.


4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.


 


Exclusion of right of withdrawal


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


1. Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;


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


3. Service agreements, after full performance of the service, but only if:


a. the execution has started with the express prior consent of the consumer; and


b. the consumer has stated that he loses his right of withdrawal as soon as the entrepreneur has fully executed the agreement;


4. Package trips as referred to in Article 7:500 of the Dutch Civil Code and passenger transport agreements;


5. Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance and other than for residential purposes, freight transport, car rental services and catering;


6. Agreements relating to leisure activities, if the agreement provides for a specific date or period of execution;


7. Products manufactured to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;


8. Products that spoil quickly or have a limited shelf life;


9. Sealed products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;


10. Products that are irrevocably mixed with other products after delivery due to their nature;


11. Alcoholic drinks, the price of which was agreed upon when concluding the agreement, but 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;


12. Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;


13. Newspapers, periodicals or magazines, with the exception of subscriptions thereto;


14. The supply of digital content other than on a tangible medium, but only if:


a. the execution has started with the express prior consent of the consumer; and


b. the consumer has stated that he thereby loses his right of withdrawal.