DOCUMENT OF WITHDRAWAL

 

D./Dña. ………………………………………….. with DNI... and in exercise of the right that gives me the law 3/2014 from 27 March by amending the consolidated text of the General Law for the defence of consumers and users and other complementary laws, approved by Royal Legislative Decree 1/2007 of 16 November and other complementary laws and articles 44 et seq. of law 7/1996 , of commerce retail, within the period of 14 calendar days from the date of receipt

 

MANIFESTO

  1. That date... I purchased on the website FISIOSHOP.ES (INVERIMPORTA, S.L.) product with reference number...
  2. That I have been informed of my right to withdraw from the purchase contract within a period of 14 calendar days from receipt of the product, without having to state the reasons.
  3. That attached to this withdrawal document copy of the purchase invoice for the purchased product.
  4. That on the basis of the above-mentioned articles, I exercise the right of withdrawal, returning the corresponding product in perfect condition with its original packaging.
  5. Which have been informed, in accordance with the article 44.3 of Act 7/1996 of commerce retail, which I must meet the direct costs of returning the product.

 

En ………………………… a ………. de …………………………….. 20...

 

Signed. ………………………………….

 

 

 

 

 

 

 

 

 

 

 

 

This document must be completed, signed and submitted in any form stating the date of shipment to FISIOSHOP (INVERIMPORTA, S.L.), domicile at C / CABRALES, 19 - 1º CENTRO - 33201 GIJÓN (ASTURIAS) together with the returned product and the copy of the invoice.

 

In accordance with article 70 of the law 1/2007: "the exercise of the right of withdrawal will not be subject to any formality, sufficing be accrediting any form admitted in law. In any case it will be considered validly exercised by sending the document of withdrawal or by returning the received products."

For the purposes provided for in the organic law 15/1999 of 13 December on protection of data of a Personal nature, you are informed that your personal data will be incorporated into a file belonging to the FISIOSHOP entity in order to be able to provide the services requested.

You are entitled to access, rectification, cancellation and opposition in the terms provided in the law that may be run by writing to FISIOSHOP, responsible for the file, residing at C / Cabrales, 19 - 1º-33201 GIJÓN (Asturias).

 

MAIN LEGAL PROVISIONS ON THE RIGHT OF WITHDRAWAL

 

Law 7/1996 of 15 January, retail trade.

 

Article 44. Right of withdrawal

1. the purchaser shall have a minimum term of seven working days to cancel the contract without penalty and without indication of reasons. It will be the law of the place where it has delivered good determine which days have to be by working.

2. the exercise of the right of withdrawal will not be subject to any formality, sufficing be accrediting any form admitted in law.

3. the right of withdrawal may not involve the imposition of any penalty, even though it may require the buyer to take care of the direct cost of returning the product to the seller. However the foregoing, in the cases in which the seller can provide a product of equivalent quality and price, in replacement of the one requested by the consumer, direct costs of return, if the right of withdrawal is exercised shall be borne by seller that will be due inform the consumer. Clauses imposing a penalty for the exercise of their right of withdrawal or renunciation to the same consumer will be void of full.

4. for the purposes of the exercise of the right of withdrawal, the term shall be calculated from the day of receipt of the good, provided that it has fulfilled the reporting obligations imposed by article 47.

5. in the event that the seller has not complied with such reporting obligations, buyer may terminate the contract within the period of three months from that in which the good was delivered. If the information referred to in article 47 is provided during the aforementioned period of three months, the period of seven working days to the withdrawal will begin to run from that point. When the purchaser exercises its right to terminate the contract for breach of the duty of information that is up to the seller, not be this required that make the cost of returning the product.

6. when the buyer has exercised the right of withdrawal or resolution pursuant to this article, the seller shall be obliged to return the sums paid by the purchaser without cost retention. The return of these sums shall be made as soon as possible and, in any case, in a maximum period of thirty days from the withdrawal or resolution. The burden of proof on the implementation of the term corresponds to the seller. Unless the buyer has returned the amount owed after the same, shall be entitled to claim it duplicated, without prejudice that is additionally compensate damages and damages that have caused in exceeding this amount.

7. in the event that the price is fully or partially funded by a credit granted to the purchaser by the vendor or by a third party agreement of this with the seller, the exercise of the right of withdrawal or resolution referred to in this article will involve time resolution of the credit without penalty to the buyer.

8 during the term of the right of withdrawal without executing it shall not preclude the further exercise of actions of nullity or cancellation of the contract where they come under law.

 

Article 45. Exceptions to the right of withdrawal

Unless otherwise agreed, the provisions of the preceding article shall not apply to the following contracts:

(a) contracts for the supply of goods whose price is subject to fluctuations of coefficients of the financial market which cannot be controlled by the seller.

(b) contracts for the supply of goods manufactured to consumer specifications or clearly personalized or which, by its nature, they cannot be returned or may deteriorate or expire rapidly.

(c) contracts for the supply of sound recordings or video discs and computer programs which have been unsealed by the consumer, as well as files software, supplied by electronic means, that can be downloaded or played on an immediate basis for permanent use.

(d) contracts for the supply of newspapers, periodicals and magazines.

Royal Legislative Decree 1/2007 of 16 November, which approves the revised text of the General Law for the defence of consumers and users and other complementary laws.

 

Article 68. Content and system of the right of withdrawal

1. the right of withdrawal from a contract is the ability of the consumer and user of nullifying the contract concluded, reported it as well to the other Contracting Party within the time limit set for the exercise of that right, no need to justify your decision and no penalty of any kind. Clauses which impose on the consumer / user a penalty by the exercise of his right of withdrawal will be void of full law.

2. the consumer shall be entitled to withdraw from the contract in the cases provided for by law or legal and when it is so recognized in the offer, promotion or in the contract itself.

3. the right of withdrawal legally attributed to the consumer and user shall be governed first by the legal provisions that establish it in each case and in his absence by the provisions of this title.

 

Article 69. Obligation to report on the right of withdrawal

1 when the law attributed the right of withdrawal the consumer and user, the contracting employer must inform you in writing in the contract document, clear, comprehensible and precise, so the right to withdraw from the contract and the requirements and consequences of their exercise, including the modalities of restitution of the goods or service received. You must provide, in addition, a document of withdrawal, clearly identified as such, that expresses the name and address of the person to whom it should be sent and the identification data of the contract and the Contracting Parties referred to.

2 corresponds to the employer prove the fulfilment of the provisions of the preceding paragraph.

 

Article 70. Formalities required for the exercise of the withdrawal

The exercise of the right of withdrawal will not be subject to any formality, sufficing be accrediting any form admitted in law. In any case it will be considered validly exercised by the sending of the document of withdrawal or by returning the products received.

 

 

Article 71. Time limit for the exercise of the right of withdrawal

1. the consumer / user will have a period of at least seven working days to exercise the right of withdrawal. Shall be the law of the place where the good is delivered under contract, or where it would have provided the service, which determines the days that are to be considered working.

2 provided that the employer has complied with the duty of information and documentation laid down in article 69.1, the term referred to in the preceding paragraph shall be calculated from the receipt of the good object of the contract or from the celebration of this if the object of the contract is the provision of services.

3. If the employer had not complied with the duty of information and documentation on the right of withdrawal, the deadline for its exercise shall be three months since it hired good surrendered or had entered into the contract if the object of this is the provision of services. If the duty of information and documentation is true during the aforementioned period of three months, the legal deadline for the exercise of the right of withdrawal will begin counting from that moment.

4. to determine compliance with the deadline to withdraw will take into account the date of issue of the Declaration of withdrawal.

 

Article 72. Proof of the exercise of the right of withdrawal

It is up to the consumer and user test that it has exercised his right of withdrawal pursuant to this chapter.

 

Article 73. Expenditure linked to the withdrawal

The exercise of the right of withdrawal will not involve any expense to the consumer / user. These effects shall be considered place of performance the place where the consumer / user has received the benefit.

 

Article 74. Consequences of the exercise of the right of withdrawal

1 exercised the right of withdrawal, the parties must returned mutually benefits pursuant to the arts. 1,303 and 1,308 of the Civil Code.

2. the consumer and user will not have to repay any amount by the decrease of the value of the property, it is a consequence of its use according to what has been agreed or its nature, or by the use of the service.

3. the consumer and user shall be entitled to reimbursement of the necessary and useful expenditures had been made in good.

 

Article 75. Failure to return the provision by the consumer and user

1. the impossibility of return delivery object of the contract the consumer and user for loss, destruction, or other cause not deprive him of the possibility of exercising the right of withdrawal. In these cases, when the impossibility of return is attributable, consumer and user will be liable for the market value that would have had the provision at the time of the exercise of the right of withdrawal, unless that value was greater than the purchase price, in which case will be liable for this.

2 when the employer failed in the duty of information and documentation on the right of withdrawal, the impossibility of return will only be attributable to the consumer and user when this would have omitted the diligence that is enforceable in its own affairs.

 

Article 76. Refund of sums paid by the employer

When the consumer and user has exercised the right of withdrawal, the entrepreneur is obliged to return the sums paid by the consumer and user without retention of expenditure. The return of these sums shall be made as soon as possible and, in any case, within a maximum period of 30 days since the withdrawal. Within that period unless the consumer / user has recovered the amount owed, will be entitled to claim it duplicated, without prejudice that is additionally compensate damages and damages that have caused in exceeding this amount. Corresponds to the employer the burden of proof on meeting the deadline.

 

Article 77. Withdrawal from a contract linked to financing consumer and user

When in the contract for which it is to exercise the right of withdrawal the price payable by the consumer and user is fully or partially funded through a loan granted by the contracting employer or by a third party, this agreement with the contracting employer, the exercise of the right of withdrawal will involve time resolution of the credit without penalty to the consumer / user.

 

Article 78. Actions of nullity or resolution

Lack of exercise of the right of withdrawal within the time limit shall not preclude the further exercise of actions of nullity or cancellation of the contract where they come under law.

 

Article 79. Contractual right of withdrawal

In the absence of specific provisions in the offer, promotion, advertising or the contract itself the right of withdrawal recognized by contract, this shall comply with the provisions of this title. Consumer and user that exercises the right of withdrawal contractually recognized will not have any obligation to compensate for wear or deterioration of the goods or by the use of the service due exclusively to your test to make a decision on their final acquisition. In any case may the employer require advance payment or provision of guarantees, including the acceptance.