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SCHEDULE 4
Information concerning the exercise of the right to cancel
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Part 1
Model instructions on right to cancel
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Right to cancel
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You have the right to cancel this contract within [see Note 1] days without giving any reason. The cancellation period will expire after [see Note 1] days from the day [see Note 2].
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To exercise the right to cancel, you must inform us [see Note 3] of your decision to cancel this contract by an unequivocal statement such as an e-mail or a letter sent by post. You may use the attached cancellation form but it is not obligatory. [See Note 4]
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To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
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Effects of cancellation
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If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed of your decision to cancel this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. [See Note 5]
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[See Note 6]
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[See Note 7]
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Notes on instructions for completion:
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1. Insert one of the following texts between inverted commas:
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(a) in the case of a contract other than an off-premises contract concluded in the context of an unsolicited visit to the consumer’s home or an excursion organised by the trader with the aim or effect of promoting or selling goods, digital content, a digital service or a service to the consumer: “14 days”;
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(b) in the case of an off-premises contract concluded in the context of an unsolicited visit to the consumer’s home or an excursion organised by the trader with the aim or effect of promoting or selling goods, digital content, a digital service or a service to the consumer: “30 days”.
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2. Insert one of the following texts between inverted commas:
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(a) in the case of a service contract or a contract for the supply of water, gas or electricity not supplied in a limited volume or set quantity, of district heating or of digital content not supplied on a tangible medium: “of the conclusion of the contract.”;
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(b) in the case of a sales contract: “on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.”;
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(c) in the case of a contract relating to multiple goods ordered by the consumer in one order and delivered separately: “on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last of the goods.”;
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(d) in the case of a contract relating to delivery of a good consisting of multiple lots or pieces: “on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last lot or piece.”;
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(e) in the case of a contract for regular delivery of goods during a defined period of time: “on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the first of the goods.”.
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3. Insert your name, geographical address, telephone number and email address.
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4. If you give the option to the consumer to electronically fill in and submit information in relation to his or her cancellation of the contract on your website, insert the following: “You can also electronically fill in and submit the model cancellation form or any other unequivocal statement on our website [insert website address]. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation on a durable medium (e.g. by e-mail) without delay.”.
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5. In the case of a sales contract in which you have not offered to collect the goods in the event of cancellation, insert the following: “We may withhold reimbursement until we have received the goods back or you have supplied evidence of having returned the goods, whichever is the earliest.”.
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6. If the consumer has received goods in connection with the contract—
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(a) insert one of the following texts between inverted commas:
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(i)“We will collect the goods”;
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(ii)“You shall send back the goods or hand them over to us or ___ [insert the name and geographical address, where applicable, of the person authorised by you to receive the goods], without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.”,
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(b) insert one of the following texts between inverted commas:
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(i)“We will bear the cost of returning the goods.”;
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(ii)“You will bear the direct cost of returning the goods.”;
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(iii) in the case of a distance contract where you do not offer to bear the cost of returning the goods and the goods, by their nature, cannot normally be returned by post: “You will have to bear the direct cost of returning the goods ___ EUR [insert the amount].”, or if the cost of returning the goods cannot reasonably be calculated in advance: “You will have to bear the direct cost of returning the goods. The cost is estimated at a maximum of approximately EUR [insert the amount].”;
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(iv) in the case of an off-premises contract, the goods, by their nature, cannot normally be returned by post and have been delivered to the consumer’s home at the time of the conclusion of the contract: “We will collect the goods at our own expense.”,
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and
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(c) insert: “You are only liable for any diminished value of the goods resulting from the handling of the goods beyond that necessary to establish their nature, characteristics and functioning”.
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7. In the case of a contract for the provision of services or the supply of water, gas or electricity, where they are not supplied in a limited volume or set quantity, or of district heating, insert the following: “If you requested to begin the performance of services or the supply of water/gas/electricity/district heating [delete where inapplicable] during the cancellation period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your cancellation of this contract, in comparison with the full coverage of the contract.”.
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Part 2
Model cancellation form
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[Complete and return this form only if you wish to cancel the contract.]
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To [here the trader’s name, geographical address and e-mail address are to be inserted by the trader]:
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I/We [*] hereby give notice that I/we [*] cancel my/our [*] contract of sale of the following goods[*]/for the provision of the following service [*],
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Ordered on [*]/received on [*],
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Name of consumer(s),
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Address of consumer(s),
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Signature of consumer(s) [only if this form is notified on paper],
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Date
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