1. The right of withdrawal of a contract is the power of the consumer and user to cancel the contract entered into, notifying the other contracting party in the term established for the exercise of that right, without needing to justify its decision and without penalty of any kind.
Clauses that impose a penalty for the exercise of the right of withdrawal to the consumer and user will be null and void.
2. The consumer shall have the right to withdraw from the contract in the cases provided by law or regulation and when this is recognized in the offer, advertising promotion or in the contract itself.
3. The right of withdrawal legally attributed to the consumer and user will be governed first by the legal provisions that establish it in each case and failing by the provisions of this Title.
Article 70. Formalities for the exercise of withdrawal.
The exercise of the right of withdrawal will not be subject to any formality, sufficing that it be accredited in any way admitted by law. In any case, it will be considered validly exercised by sending the withdrawal document or by returning the products received.
Article 71. Term for the exercise of the right of withdrawal.
1. The consumer and user will have a minimum period of fourteen calendar days to exercise the right of withdrawal.
2. Provided that the entrepreneur has complied with the duty of information and documentation established in article 69.1, the term referred to in the previous section shall be computed from the receipt of the object of the contract or from the celebration thereof if the object of the Contract outside the provision of services.
3. If the employer has not fulfilled the duty of information and documentation on the right of withdrawal, the period for its exercise will end twelve months after the expiration date of the initial withdrawal period, counting from the delivery of the contracted good. or the contract had been concluded, if the object of the contract was the provision of services.
If the duty of information and documentation is met during the aforementioned period of twelve months, the legally stipulated period for exercising the right of withdrawal will begin to count from that moment.
4. To determine the observance of the withdrawal period, the date of issuance of the declaration of withdrawal shall be taken into account.
Article 72. Proof of the exercise of the right of withdrawal.
It is up to the consumer and user to prove that they have exercised their right of withdrawal in accordance with the provisions of this chapter.
Article 73. Expenses related to the withdrawal.
The exercise of the right of withdrawal will not imply any expense for the consumer and user. For these purposes, the place where the consumer and user has received the service will be considered the place of compliance.
Article 74. Consequences of the exercise of the right of withdrawal.
1. Exercising the right of withdrawal, the parties shall reciprocally restitute the benefits in accordance with the provisions of articles 1.303 and 1.308 of the Civil Code.
2. The consumer and user will not have to reimburse any amount for the decrease in the value of the good, which is a consequence of its use as agreed or its nature, or for the use of the service.
3. The consumer and user will be entitled to the reimbursement of the necessary and useful expenses that would have been incurred in the good.
4. In the event that the user breaches the commitment of permanence acquired with the company, the penalty for withdrawal, or premature termination of the contractual relationship, will be proportional to the number of days not effective of the commitment of permanence agreed.
Article 75. Impossibility to return the benefit by the consumer and user.
1. The impossibility of returning the benefit object of the contract by the consumer and user for loss, destruction or other cause will not deprive the latter of the possibility of exercising the right of withdrawal.
In these cases, when the impossibility of returning it is imputable, the consumer and user will be responsible for the market value that the service would have had at the time of exercise of the right of withdrawal, unless said value was higher than the purchase price, in which case it will respond of this one.
2. When the employer has breached the duty of information and documentation on the right of withdrawal, the impossibility of return will only be imputable to the consumer and user when he has omitted the due diligence in their own affairs.
Article 76. Return of sums received by the employer.
When the customer and user has exercised the right of withdrawal, the employer will be obliged to return the sums paid by the consumer and user without withholding expenses. The refund of these sums must be made without undue delay and, in any case, before 14 calendar days have elapsed from the date on which the decision of withdrawal of the contract was informed by the consumer and user.
Once said period has elapsed without the consumer and user having recovered the amount owed, he shall have the right to claim a duplicate payment, without prejudice to the fact that he shall also be compensated for the damages and losses caused to him in excess of said amount.
The employer has the burden of proof of compliance with the deadline.
Article 103 of last update of 03/29/2014:
b) The supply of goods or the provision of services whose price depends on fluctuations in the financial market that the employer can’t control and which may occur during the withdrawal period.
d) The supply of goods that may deteriorate or expire quickly.
e) The supply of sealed items that are not suitable to be returned for reasons of health protection or hygiene and that have been unsealed after delivery.
f) The supply of goods that after their delivery and keep in mind their nature have been mixed indissociably with other goods.
Most of our spare parts do not have the right of withdrawal, because they are mostly fungible, delicate and susceptible to damage by ESD electrostatic discharges. If you consider that any part is subject to the right of withdrawal, download, cover and send us this this form.
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