Right to termination or back guarantee
The right to termination of a contract is the right of the consumer and user to annul the signed contract, for which DISTRIBUCIONS D´ART SURREALISTA must be notified in due time.
Exceptions to the right to termination.
It will not be applicable to the following contracts:
a) Contracts for the supply of goods whose price is subject to fluctuations of financial market coefficients that the entrepreneur cannot control.
b) Contracts for the supply of goods produced to meet the consumer and user’s specifications or that are clearly personalised, or which, due to their nature, cannot be returned or may rapidly deteriorate or expire.
c) Contracts for the supply of sound or video recordings, or records and software that have been opened by the consumer and user, as well as computing files, provided electronically, which may be immediately downloaded or reproduced for permanent use.
d) Contracts for the supply of daily newspapers, periodicals and magazines.
e) Contracts for the provision of services which have begun to be performed, with the agreement of the consumer and user, before the minimum term of fourteen working days has finished.
f) Betting and lottery service contracts.
Terms and formalities.
Term: The consumer and user shall have a term of fourteen working days as from the delivery of the product which forms the subject-matter of the contract to exercise their right to termination.
Formalities: The right to termination shall be considered validly exercised, in accordance with the regulation in force, through the sending of the termination document or through the return of the products received.
Requirements and consequences of its exercise, including the ways to return the product or service received.
Proof of exercise of the right to termination: It is incumbent upon the consumer and user to prove that they have exercised their right to termination in accordance with the provisions of this clause.
Expenses related to the termination: The exercise of the right to termination shall not imply any extra cost for the consumer and user, except where there is a remote agreement, as stipulated in the section of these General Contract Conditions: "Right to termination of the Remote agreement". For these purposes the place of performance is considered to be the place where the consumer and user have received the product or service.
Consequences of the exercise of the right to termination
Once the right to termination has been exercised, the parties must reciprocally return the goods supplied and the payment.
The consumer and user shall not be required to reimburse any amount for reduction in value of the product resulting from its own use in accordance with the agreement or its nature, or from use of the service.
The consumer and user shall be entitled to reimbursement for any required and appropriate expenses that they have made on the product.
Inability of the consumer and user to return the product or service.
The consumer and user’s inability to return the product or service which is subject of the contract due to loss, destruction or any other cause shall not divest them of the possibility of exercising their right to termination. In this case, when the inability to return the product is attributable to the consumer and user, they shall be accountable for the market price the product would have had at the time the right to termination is exercised, save if this price were higher than the purchase price, in which case they shall be accountable for the latter.
Return of amounts received by DISTRIBUCIONS D´ART SURREALISTA
When the consumer and user has exercised the right to termination, DISTRIBUCIONS D´ART SURREALISTA shall be obliged to refund the amounts paid by the consumer and user without withholding expenses. The refund should be made as soon as possible and in any case within a maximum of 30 days from the date of termination.
Annulment or termination.
The non-exercise of the right to termination in the established term shall not preclude the subsequent exercise of action for annulment or termination of the contract where pertinent in accordance with law.
Contract right to termination.
The consumer and user who exercises the right to termination established in the contract shall not in any event be obliged to indemnify for wear and tear or deterioration of the good or for use of the service exclusively due to trying it out to take a decision on its final purchase.
Under no circumstances shall DISTRIBUCIONS D´ART SURREALISTA require an advance payment or provision of guarantees, including acceptance of a guarantee to return any product or service in the event that the right to termination is exercised.
Right to termination in remote agreements.
The consumer and user who enters into a remote agreement, as is the case at hand, has the right to discontinue the contract as established above, although in this type of contract DISTRIBUCIONS D´ART SURREALISTA may require the consumer and user to assume the direct cost of the return of the good or service. Any clauses that impose a penalty on the consumer for the exercise of their right to termination or waiver of aforesaid right will be fully null and void. However, DISTRIBUCIONS D´ART SURREALISTA reserves the right of indemnity for damage to products that are not returned in good condition.
Termination document: In accordance with the regulation in force, a document of termination must be provided which states the name and address of the person to whom it should be sent, its identification details and the personal details of the contracting parties that it refers to. The content of the Termination document is as follows:
1. Sender: (Include all your contact details here: name and surname, full address, telephone and mobile numbers, email address and any other information you consider necessary in order for us to be able to contact you).
2. Recipient: DISTRIBUCIONS D´ART SURREALISTA. After-sales and customer service department.
3. DISTRIBUCIONS D´ART SURREALISTA’s address:
Postal communication: carrer Sant Pere, no. 23, postal code 17600, Figueres, Spain
Communication by email: firstname.lastname@example.org
Communication by fax: +34 972 98 35 75
4. Observations and/or comments. (Include your observations and comments here.)