*This document must be completed, signed and sent in any form that proves the date of shipment to MUSICANDO 10 SL, address at Bº La iglesia 32 nºE - 39314 Viveda along with the returned product and a copy of the invoice.
In accordance with article 70 of Law 1/2007: “The exercise of the right of withdrawal shall not be subject to any formality, it being sufficient that it is accredited in any form admitted by law. In any case, it shall be considered validly exercised by sending the withdrawal document or by returning the products received.”
Mr./Mrs. ………………………………………….. with DNI ………………………………….. and in exercise of the right granted to me by Law 3/2014 of March 27, which modifies the consolidated text of the General Law for the Defense of Consumers and Users within the period of 14 calendar days from the date of receipt:
MANIFEST
- That on date………………… I acquired from the website of MUSICANDO 10 SL (https://www.nandoagueros.com) the product with reference number…………………..
- That I have been informed of my right to withdraw from the purchase contract within 14 calendar days from receipt of the product, without having to state any reasons.
- Attached to this withdrawal document is a copy of the purchase invoice for the purchased product.
- That I exercise my right of withdrawal, returning the corresponding product in perfect condition with its original packaging.
In ………………………… on ………. of …………………………….. of 20….
Signed. ………………………………….
MAIN LEGAL PROVISIONS APPLICABLE TO THE RIGHT OF WITHDRAWAL
Law 3/2014 of March 27, which modifies the consolidated text of the General Law for the Defense of the
Consumers and Users
Article 102 Right of withdrawal
- Except for the exceptions provided for in article 103, the consumer and user shall have the right to withdraw from the contract during a period of 14 calendar days without stating the reason and without incurring any costs other than those provided for in articles 107.2 and 108.
- Any clauses that impose a penalty on the consumer and user for exercising their right of withdrawal or renouncing it shall be null and void.
Article 103 Exceptions to the right of withdrawal
The right of withdrawal will not be applicable to contracts that refer to:
- The provision of services, once the service has been fully executed, when the execution has begun, with the prior express consent of the consumer and user and with the recognition on his part that he is aware that, once the contract has been fully executed by the entrepreneur, he will have lost his right of withdrawal.
- The supply of goods or the provision of services whose price depends on fluctuations in the financial market that the entrepreneur cannot control and that may occur during the withdrawal period.
- The supply of goods made according to the consumer and user's specifications or clearly personalized.
- The supply of goods that may deteriorate or expire quickly.
- The supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and which have been unsealed after delivery.
- The supply of goods which, after delivery and taking into account their nature, have been inseparably mixed with other goods.
- The supply of alcoholic beverages whose price has been agreed upon at the time of entering into the sales contract and which cannot be delivered before 30 days, and whose actual value depends on market fluctuations that the entrepreneur cannot control.
- Contracts in which the consumer and user has specifically requested the entrepreneur to visit him to carry out urgent repair or maintenance operations; if, during that visit, the entrepreneur provides additional services to those specifically requested by the consumer or supplies goods other than the spare parts necessarily used to carry out the maintenance or repair operations, the right of withdrawal must apply to said additional services or goods.
- The supply of sealed audio or video recordings or sealed computer programs that have been unsealed by the consumer and user after delivery.
- The supply of daily newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications.
- Contracts concluded through public auctions.
- The provision of accommodation services for purposes other than housing, transportation of goods, vehicle rental, food or services related to recreational activities, if the contracts provide for a specific date or period of performance.
- The supply of digital content that is not provided on a physical medium when the execution has begun with the prior express consent of the consumer and user, with the knowledge on their part that they consequently lose their right of withdrawal.
Article 107 Obligations and rights of the entrepreneur in case of withdrawal
- The entrepreneur will reimburse all payments received from the consumer and user, including, where applicable, delivery costs, without undue delay and, in any case, before 14 calendar days have elapsed from the date on which he was informed of the consumer and user's decision to withdraw from the contract in accordance with article 106.
In the event of unjustified delay on the part of the entrepreneur with respect to the return of the sums paid, the consumer and user may claim payment of double the amount owed, without prejudice to their right to be compensated for damages suffered in excess of that amount.
- Notwithstanding the provisions of section 1, in the event that the consumer and user has expressly selected a delivery method other than the least expensive ordinary delivery method, the entrepreneur will not be obliged to reimburse the additional costs arising therefrom.
- Except where the trader has offered to collect the goods himself, in sales contracts, the trader may withhold reimbursement until he has received the goods back, or until the consumer and user has presented proof of the return of the goods, depending on which condition is met first.
Article 108 Obligations and liability of the consumer and user in the event of withdrawal
- Unless the entrepreneur himself offers to collect the goods, the consumer and user must return them or deliver them to the entrepreneur, or to a person authorized by the entrepreneur to receive them, without undue delay and, in any case, no later than within 14 calendar days from the date on which he communicates his decision to withdraw from the contract to the entrepreneur, in accordance with article 106. The deadline will be considered to have been met if the consumer and user returns the goods before the 14 calendar day period has concluded.
The consumer and user will only bear the direct costs of returning the goods, unless the business has agreed to assume them or has not informed him that he is responsible for assuming these costs.
In the case of contracts concluded outside the establishment in which the goods have already been delivered to the consumer and user's home at the time of the contract being concluded, the entrepreneur will collect the goods at his own expense when, due to their nature, they cannot be returned by mail.
- The consumer and user will only be liable for any decrease in the value of the goods resulting from handling them other than what is necessary to establish their nature, characteristics or functioning. Under no circumstances will the consumer and user be liable for any decrease in the value of the goods if the trader has not informed the consumer and user of their right to withdraw in accordance with Article 97.1.i).
- When a consumer and user exercises the right of withdrawal after having made a request in accordance with the provisions of article 98.8 or article 99.3, he or she shall pay the entrepreneur an amount proportional to the part of the service already provided at the time when he or she has informed the entrepreneur of the exercise of the right of withdrawal, in relation to the total object of the contract. The proportional amount to be paid to the entrepreneur shall be calculated on the basis of the total price agreed in the contract. In the event that the total price is excessive, the proportional amount shall be calculated on the basis of the market value of the part of the service already provided.
- The consumer and user will not assume any cost for:
- Except as provided in Article 107.2 and in this Article, the consumer and user will not incur any liability as a result of exercising the right of withdrawal.