Withdrawal Agreement

This document must be completed, signed, and sent in any form that proves the date of shipment to MONICA MARTINEZ GONZALEZ, at Domènec Sugrañes i Gras 15 - 43840 Salou, 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, provided that it is accredited in any manner permitted by law. In any case, it shall be considered validly exercised by sending the withdrawal form or by returning the products received.”

CLICK TO DOWNLOAD THE DOCUMENT

Mr./Ms. ………………………………………….. with ID number ………………………………….. 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:

MANIFESTO

1. That on [date] I acquired the product with reference number [reference number] from the website of MONICA MARTINEZ GONZALEZ (www.sunandbed.com).
2. I have been informed of my right to withdraw from the purchase contract within 14 calendar days from the receipt of the product, without needing to state reasons.
3. Attached to this withdrawal document is a copy of the purchase invoice for the product acquired.
4. I am exercising my right of withdrawal, returning the corresponding product in perfect condition with its original packaging.

On the ………. day of …………………………….., 20….

Signed. ………………………………….

MAIN LEGAL PROVISIONS APPLICABLE TO THE RIGHT OF WITHDRAWAL

Law 3/2014 of March 27, amending the consolidated text of the General Law for the Defense of

Consumers and Users

Article 102 Right of withdrawal

1. Except for the exceptions provided for in Article 103, the consumer and user shall have the right to withdraw from the contract within 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.
2. 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 shall not apply to contracts relating to:

1. The provision of services, once the service has been fully performed, when performance has begun, with the express prior consent of the consumer and user and with their acknowledgment that they are aware that, once the contract has been fully performed by the trader, they will lose their right of withdrawal.
2. The supply of goods or the provision of services the price of which depends on fluctuations in the financial market which the trader cannot control and which may occur during the withdrawal period.
3. The supply of goods made to the consumer's and user's specifications or clearly personalized.
4. The supply of goods that can deteriorate or expire quickly.
5. The supply of sealed goods which are not suitable for return for health protection or hygiene reasons and have been unsealed after delivery.
6. The supply of goods which, after delivery, have become inseparably mixed with other goods, taking into account their nature.
7. The supply of alcoholic beverages whose price has been agreed upon at the time the sales contract is concluded and which cannot be delivered before 30 days, and whose actual value depends on market fluctuations that the entrepreneur cannot control.
8. Contracts in which the consumer and user has specifically requested the professional to visit them to carry out urgent repair or maintenance operations; if, during that visit, the professional 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 shall apply to such additional services or goods.
9. The supply of sealed sound or video recordings or sealed computer programs which have been unsealed by the consumer and user after delivery.
10. The supply of daily newspapers, periodicals, or magazines, with the exception of subscription contracts for the supply of such publications.
11. Contracts concluded by public auction.
12. The supply of accommodation services for purposes other than housing, goods transportation, vehicle rental, food, or services related to leisure activities, if the contracts provide for a specific performance date or period.
13. The supply of digital content not supplied on a tangible medium where the execution has begun with the prior express consent of the consumer and user, who acknowledges that they are aware that they consequently lose their right of withdrawal.

Article 107 Obligations and rights of the employer in case of withdrawal

1. The entrepreneur shall reimburse all payments received from the consumer and user, including, where applicable, the costs of delivery, without undue delay and, in any event, no later than 14 calendar days from the date on which the consumer and user informed the entrepreneur of the decision to withdraw from the contract in accordance with Article 106.

In case of unjustified delay by the employer regarding the refund of amounts paid, the consumer and user may claim double the amount owed, without prejudice to their right to be compensated for damages and losses exceeding that amount.

2. Notwithstanding the provisions of subsection 1, if the consumer and user has expressly chosen a delivery method other than the least expensive ordinary delivery method, the trader shall not be obliged to refund the additional costs incurred as a result.
3. Except in cases where the trader has offered to collect the goods himself, in sales contracts, the trader may withhold reimbursement until he has received the goods, or until the consumer has provided proof of having returned the goods, whichever occurs first.

Article 108 Consumer and User Obligations and Liability in Case of Withdrawal

1. Unless the trader offers to collect the goods himself, the consumer and user shall return or hand over the goods to the trader or to a person authorised by the trader to receive them, without undue delay and, in any event, no later than 14 calendar days from the date on which he communicates his decision to withdraw from the contract to the trader, in accordance with Article 106. The deadline shall be deemed to have been met if the consumer and user dispatches the goods before the 14-calendar-day period has expired.

The consumer and user shall only bear the direct costs of returning the goods, unless the trader has agreed to bear them or has not informed them that they are responsible for bearing those costs.

In the case of contracts concluded off-premises where goods have already been delivered to the consumer's home at the time the contract is concluded, the trader shall collect the goods at their own expense when, by their nature, they cannot be returned by mail.

2. The consumer and user shall only be liable for any diminished value of the goods resulting from handling them in any way other than what is necessary to ascertain the nature, characteristics, and functioning of the goods. In no case shall the consumer or user be liable for any diminished value of the goods if the trader has failed to inform them of their right of withdrawal in accordance with Article 97(1)(i).
3. When a consumer and user exercises the right of withdrawal after having submitted a request in accordance with the provisions of Article 98.8 or Article 99.3, they shall pay the trader an amount proportional to the part of the service already provided at the time they informed the trader of the exercise of the right of withdrawal, in relation to the total subject matter of the contract. The proportional amount to be paid to the trader shall be calculated on the basis of the total price agreed upon 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.
4. The consumer and user will not incur any costs for:
5. With the exception of what is provided for in Article 107.2, and in this article, the consumer and user shall not incur any liability as a consequence of exercising the right of withdrawal.