Right of return and withdrawal
RIGHT OF WITHDRAWAL
1. INFORMATION TO THE USER
Then BENZAI 2021, S.L.U. (hereinafter, "businessman"), with N.I.F. B90413436, informs its consumers and users of the main aspects that regulate the exercise of their right of withdrawal, as established in Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce, and in Law 3/2014, of March 27, which modifies the Consolidated Text of the General Law for the Defense of Consumers and Users and other complementary laws, approved by Royal Decree 1/2007, of November 16 .
The consumer and user has the right to withdraw from the contract within a period of 14 calendar days without the need for justification.
Said period will begin to count:
- In the case of a sales contract: from the day the consumer and user, or a third party indicated by him, other than the carrier, acquired material possession of the goods.
- In the case of a contract for the delivery of multiple goods ordered by the consumer and user in the same order, and delivered separately: from the day that said consumer and user, or a third party indicated by him, other than the carrier, acquired the material possession of the last of those goods.
- In the case of a contract for the periodic delivery of goods during a specific period: since the consumer or user, or a third party indicated by him, other than the carrier, acquired material possession of each of those goods.
3. EXERCISE OF THE RIGHT
The exercise of the right will be subject to the prescriptions contained in the current legislation, including therefore the exceptions that are contemplated therein, and that the consumer and user must take into account. For these purposes, they are informed that, specifically, they are exempt from the exercise of this right:
- Party bags, as they are susceptible to deterioration quickly given the suede material used.
- Jewelry products, for hygienic reasons.
Therefore, in the cases in which the right proceeds, the consumer and user, in order to exercise it, must notify the employer of their decision to withdraw from the contract with an unequivocal statement, being able to use any of these means:
a) Presentation of writing or sending a letter by postal mail to the following address of the provider:
Rosary Street, No. 16. Postal Code 41,001, Seville.
In the event that the consumer and user decides to exercise their right in this way, and to comply with the due diligence standards required of any merchant, the employer may request from the same, as a means of personal identification, the name, surname and copy of the DNI of that one, as well as any other reasonable means of identification. In the cases in which the applicable legislation admits the representation and it is used, the identification by the same means of the person representing you, as well as the document accrediting the representation, will also be necessary. The photocopy of the DNI may be replaced as long as the identity is proven by any other legally valid means. The sole purpose of this request is to ensure as far as possible that the right is being exercised by its owner and not by a different unauthorized person.
b) Sending an email to the employer through any of the following addresses, indicating in the "Subject" of the same, if possible and to facilitate its management, the identification "Right of withdrawal":
In the event that the consumer and user decides to exercise their right in this way, and to comply with the due diligence standards required of any merchant, the employer may request from the same, as a means of personal identification, the name, surname, username and password used in the profile for which he was registered on the website, as well as any other means of reasonable identification. The sole purpose of this request is to ensure as far as possible that the right is being exercised by its owner and not by a different unauthorized person.
In any of the above alternatives, to exercise this right, the consumer and user may use, if they wish, the form offered in section 6 of this same document, although this is not mandatory. If you choose not to use it, the request must contain the order identification data that is reasonably necessary for the employer to process the request and facilitate compliance with the right.
To meet the withdrawal period, it is enough that the communication regarding the exercise of this right is sent before the corresponding period expires.
4. CONSEQUENCES OF WITHDRAWAL.
In case of withdrawal, the employer will refund all payments received from the consumer and user, including, where appropriate, delivery costs or shipping costs, without undue delay and, in any case, before 14 calendar days have elapsed from the date on which he was informed of the decision to withdraw from the consumer and user contract in accordance with the provisions of the preceding sections. Likewise, it is reported that the employer may withhold the refund until the goods have been received, or until the consumer and user has presented proof of the return of the goods, depending on which condition is met first.
The employer must make the reimbursement referred to in the preceding paragraph using the same means of payment used by the consumer and user for the initial transaction, unless the latter has expressly provided otherwise and as long as the consumer does not incur in any expense as a result of reimbursement. However, in the event that the consumer and user have expressly selected a delivery method other than the least expensive method of ordinary delivery, the employer will not be obliged to reimburse the additional costs derived from it.
The consumer and user must return or deliver the goods directly to the following address:
Rosary Street, No. 16. Postal Code 41,001, Seville.
Said delivery will be made without undue delay and, in any case, no later than 14 calendar days from the communication of the decision to withdraw from the contract, as provided above. The term will be considered fulfilled if you return the goods before said term has expired. The consumer and user will exclusively assume the direct cost of returning the goods.
5. RESPONSIBILITY OF THE CONSUMER AND USER.
The consumer and user will only be liable for the decrease in value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and operation of the goods.
6. MODEL FOR THE EXERCISE OF LAW.
To facilitate the exercise of the right of withdrawal, the provider makes the following form available to its consumers and users. This model, where appropriate, must be used exclusively in the event that the consumer and user decides to exercise this right, and not for any other question or matter.
"A/A de BENZAI, S.L.U.:
Calle Rosario, no. 16. Postal Code 41,001, Seville:
Telephone number (with country code):
+ 034 954211324.
+ 034 628936111.
I hereby notify you/we (*) that I withdraw from my/we withdraw from our (*) contract for the sale of the following good/provision of the following service (*).
– Ordered on/received on (*).
– Name of the consumer and user or consumers and users.
– Domicile of the consumer and user or consumers and users.
– Signature of the consumer and user or consumers and users (only if this form is submitted on paper).”
* Delete as appropriate.