When purchasing products, the consumer has the option to dissolve the contract without giving any reason during 14 days. This reflection period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur.
During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer must make this known using the model form. After the consumer has made known that he wants to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of a proof of shipment.
If the customer has not made known that he wishes to make use of his right of withdrawal, respectively, after the periods referred to in paragraphs 2 and 3 have expired. the product has not been returned to the entrepreneur, the purchase is a fact.
If you buy something remotely, you don’t go to a real store. You then buy something via the internet, social media, telephone, or fax. Or you buy something via an order form from a catalog. When you buy remotely, you and the entrepreneur are never near each other.
Do you buy a product remotely? The law states that you will have a reflection period of fourteen days. You can view the product at home. Then you can consider whether the product is really what you want. You don’t want the product anyway? Then you can get the money back. You must let us know during the reflection period that you want to get rid of the sale. This cooling-off period is also known as trial period. You must return the product
When is it a distance purchase?
The government has made special rules about distance buying. That is why it is important to know well when a purchase is a distance purchase and when it is not.
Below are examples of distance buying:
You buy products or services online. For example via a web shop or a social media page.
Sometimes a regular store also sells via a web store or a social media page. You buy the product online and you don’t meet an entrepreneur.
You buy something through a mail order company.
You order something with an order form from a newspaper or magazine. There are regular advertisements in newspapers or magazines for this product.
You order something by fax. You sometimes receive offers by fax.
You order something over the phone. There are regular commercials for this way of ordering.
You will be called to ask if you want to buy something. This is telemarketing.
The following situations are not covered by the distance buying rules:
You look up an entrepreneur in the telephone book. You order something from this entrepreneur over the phone.
You buy a registered property remotely. This is a house, land or a specific ship.
For example, you buy cans, cigarettes or a train ticket from a vending machine. Or you can get a snack out of the wall.
You order a renovation by telephone
Which products do not give you a cooling-off period?
Do you buy any of the following products remotely? Then you do not get a reflection period:
travel, transportation, accommodation or other leisure activities.
time-bound products, such as individual magazines or newspapers; Note: do you subscribe to a magazine or newspaper? Then you have a reflection period.
products that you can make special, for example a tailor-made suit, printed matter, a photo album or jewelery to your own design.
products that can spoil quickly, such as food or flowers.
hygiene products that are sealed
The entrepreneur can no longer sell some products if you take them out of the packaging and try them. Because it is not hygienic. For example, a toothbrush or a razor also includes sex articles. Has the entrepreneur sealed the packaging of such a product? And did you break the seal? Then you no longer have a reflection period.
You also do not have a reflection period for articles that have been specially adapted for you, you should think of adjustments to sex dolls. All sex dolls come standard with brown eyes, if you want a different eye color, we adjust this for you for free. The sex doll is then adjusted to your liking. Ordering a loose vagina and standing foot also fall under adjustments.
Costs in case of withdrawal
If the consumer makes use of his right of withdrawal, the costs of return shipping will be borne by the customer.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after cancellation. This is subject to the condition that the product has already been received back by the online retailer or conclusive proof of complete return can be submitted.
Exclusion of right of withdrawal
The entrepreneur can exclude the right of withdrawal of the consumer for products as described in paragraphs 1, 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
a. that have been created by the entrepreneur in accordance with the consumer’s specifications. This applies, for example, to lifelike sex dolls, available at www.mysexdollshop.com
b. which are clearly personal in nature. This applies, for example, to lifelike sex dolls, available at www.mysexdollshop.com
c. which cannot be returned due to their nature;
d. that can spoil or age quickly;
e. the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
f. for individual newspapers and magazines;
g. for audio and video recordings and computer software of which the consumer has broken the seal.
h. for hygienic products of which the consumer has broken the seal. This applies to all sex toys where the plastic packaging and casing has been opened / opened.
Exclusion of the right of withdrawal is only possible for services:
a. concerning accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;
b. whose delivery has begun with the express consent of the consumer before the reflection period has expired;
c. concerning bets and lotteries.
