BIRDY

WITHDRAWAL

The online buyer, like any mail order consumer, has a right of withdrawal from  14 days  from the day after he takes possession of the goods or accepts the offer for a service, without justification or payment of penalties on his part. However, he may be liable for return costs.

This right of withdrawal also applies to products on sale, used or in clearance.

When concluding the contract, the customer must be informed of the conditions of the right of withdrawal.  : duration of the period, point of departure, reimbursement of the product, payment of return costs, in particular.

The trader must communicate to the consumer, before concluding the contract, a  withdrawal form.

The reimbursement of all sums paid, including delivery costs, must be made within 14 days from the moment the professional is informed of the customer's decision to withdraw.

Provided this is clearly indicated at the time of purchase, certain products or services are not subject to the right of withdrawal and cannot be refunded.  :

• Well made especially for the consumer (tailor-made for example)
• Product cannot by nature be returned
• Perishable product (food for example)
• Video cassettes, CDs, DVDs if they have been opened by the consumer
• Press (newspapers, periodicals or magazines)
• Provision of accommodation, transport, catering or leisure services

   To note :  the online buyer of a financial service also has a right of withdrawal from  14 days, period starting from the day on which the distance contract is concluded.

Product Return

The seller must take back an item in the event of a delivery that does not comply with the order or is defective.

The consumer must return it in its original packaging, indicating the reason for refusal on the delivery note or the invoice and may demand  the following elements :

• New delivery respecting the order
• Repair of the defective product
• Exchange of the product for another similar one or
• Cancellation of the order (with reimbursement of the sums paid, possibly with a claim for damages in the event of damage).

The consumer must pay the direct costs of the return, unless the trader agrees to pay them or if he has not informed the consumer that these costs are his responsibility.

The consumer also bears the following costs:

• Additional costs of delivery of the goods if he has chosen a more expensive delivery method than the delivery method usually offered by the seller
• Fixed and proportional costs of the provision of the service, the performance of which began before the end of the withdrawal period, at the express request of the consumer

In the event of an express request to perform the service before the end of the withdrawal period, the consumer is not liable for any sum if the professional

• did not collect their request on paper or in a durable medium
• or has not informed him of the obligation to pay a fee for the service provided.

   To know :  the e-merchant must ensure the  legal guarantee of conformity  which allows the consumer to choose between exchange and repair, in the event of a manufacturing defect or failure of a new product, for 2 years. The professional must respond to this request within a maximum of one month.