1) Right of withdrawal
The consumer-customer has the right of withdrawal in respect of the products purchased via the webshop. Pursuant to Book VI Marktpraktijken & Consumentenbescherming van het Wetboek Economisch Recht [Market Practices & Consumer Protection of the Code of Business and Economic Law] the customer is entitled to cancel the agreement within a period of 14 calendar days without stating reasons. The term of withdrawal expires 14 calendar days after the day on which the customer or a third party designated by the customer, not being the conveyor, receives the physical possession of the good. To exercise the right of withdrawal, the customer shall inform W.D.C. Online (Remparden 33, 9700 OUDENAARDE, Belgium) of his decision to cancel the agreement via an equivocal statement by fax, post or email. The customer may also do so using the standard cancellation form but is not obliged to do so. The customer may also fill in the standard cancellation form or draft another clearly worded statement electronically and send it via our website [www.equivita.eu]. If the customer uses this option, W.D.C. Online shall send the customer acknowledgement of receipt of his cancellation without delay on a sustainable data carrier (e.g. by email). To comply with the terms of withdrawal it shall suffice that the customer sends his statement in respect of the exercise of the right of withdrawal before the term of withdrawal has expired. If the customer cancels the agreement, W.D.C. Online shall repay the customer all payments he has made up to that moment, including delivery costs (with the exception of any additional costs as a result of the choice of the customer for another manner of delivery than the cheapest standard delivery provided by W.D.C. Online), without delay and at any rate no later than 14 calendar days after W.D.C. Online was informed of the customer’s decision to cancel the agreement. W.D.C. Online shall then repay the customer using the same means of payment used by the customer for the original transaction, unless the customer has expressly agreed otherwise; at any rate, the customer shall not be charged costs for such repayments. W.D.C. Online will be entitled to postpone repayment until the products have been received by W.D.C. Online or until the customer has proven that he has returned the products, depending on which point of time is first. The customer shall return or hand the products to W.D.C. Online without delay, but at any rate no later than 14 calendar days after the day when he informed W.D.C. Online of his decision to cancel the agreement. The customer shall have acted in due time if he returns the products before the term of 14 calendar days has expired. The direct costs of returning the products shall be borne by the customer, including any custom levies if the goods are returned from Switzerland or any other non-EU member state, which shall be withheld from the amount that W.D.C. Online must repay, unless agreed otherwise. The customer shall only be liable for the decrease in value of the products due to the use of the products that goes beyond what is necessary to determine the nature, characteristics and effect of the products.
Repayment of the delivery costs by W.D.C. Online shall always be pro rata. (For example: the customer buys 2 products and sends 1 back, cancelling the agreement. In that case, W.D.C. Online needs only repay 50% of the delivery costs.) However, when W.D.C. Online uses fixed delivery costs, upon partial cancellation W.D.C. Online will not be obliged to repay any delivery costs.
The returned product shall not have been used and shall be in the same condition as at the moment of delivery. Moreover, the product shall be returned in the original packing in which the product was sent, whether opened or not and including all appurtenances supplied with the product, whereas the customer will not be entitled to remove the “seal” or to open the “blister”, so that W.D.C. Online will be able to sell the good still to a third party even after cancellation. In no case shall a professional customer have the right of withdrawal.