ARTICLE 4. | RIGHT OF TERMINATION
- Subject to the provisions of the rest of this article and in particular the provisions of the following paragraph, the Consumer may dissolve the Agreement in whole or in part up to 14 days after the Products have been received by or on behalf of him, without stating reasons.
- The Consumer has no right of cancellation in the event of: A) the delivery of Products that are not suitable for return for reasons of health protection or hygiene and of which the seal/direct packaging has been broken after delivery, including at least all supplements whose direct packaging after delivery has been opened; B) the delivery of Products in respect of which the right of termination is otherwise excluded or does not apply pursuant to Section 6.5.2B of the Dutch Civil Code.
- The Consumer can dissolve the Agreement by sending an e-mail (firstname.lastname@example.org) or by using the model withdrawal form provided by DUTCHSARMS, submit a request to DUTCHSARMS. As soon as possible after DUTCHSARMS has been notified of the Consumer's intention to dissolve the Agreement and if the conditions of this article are met, DUTCHSARMS will confirm the dissolution of the Agreement by e-mail.
- During the period referred to in paragraph 1, the Products to be returned and their packaging must be handled with care. The Consumer may only handle and inspect the Products to the extent necessary to assess the nature and characteristics of the Products. The basic principle here is that the Products may only be handled and inspected as would be allowed in a physical store.
- If the Consumer exercises the right of cancellation, he will return the Products to DUTCHSARMS undamaged, with all accessories supplied and in the original condition and packaging.
- The Consumer is liable for any decrease in value of the Products that is the result of a way of handling the Products that goes beyond what is permitted under paragraph 4. DUTCHSARMS is entitled to charge this decrease in value to the Consumer, whether or not by this depreciation against the payment already received from the Consumer.
- Return of the relevant Products must take place within 14 days after the Consumer has invoked the right of termination in accordance with paragraph 3.
- If the Consumer makes use of the right of dissolution, the costs of returning the Products will be for his account.
- DUTCHSARMS will refund the payment received from the Consumer, minus any depreciation as referred to in paragraph 6, to the Consumer as soon as possible, but at the latest within 14 days after the termination of the Agreement, provided that the Products have been received back by DUTCHSARMS or by the Consumer has been shown that the Products have actually been returned. If the right of cancellation is only applied to part of the order, any delivery costs paid by the Consumer in the first instance are not eligible for refund. Furthermore, DUTCHSARMS is not obliged to reimburse the additional costs if the Consumer has expressly opted for a method other than the least expensive standard delivery method offered by DUTCHSARMS.
ARTICLE 5. | DELIVERY OF THE PRODUCTS & DELIVERY TIMES
- Delivery of the Products takes place by delivery to the delivery address specified by the Consumer.
- DUTCHSARMS reserves the right to deliver orders in instalments. In that case, the possible reflection period of the Consumer in connection with the right of dissolution only starts at the moment that the last partial delivery from the order has been received by or on behalf of the Consumer.
- The risk of loss and damage to the Products transfers to the Consumer at the moment that the Products have been received by or on behalf of the Consumer.
- DUTCHSARMS makes every effort to comply with the delivery term agreed between the Parties. However, all delivery times stated by DUTCHSARMS can only be regarded as indicative, non-fatal terms. In the event of an (expected) delayed delivery, DUTCHSARMS will make every effort to inform the Consumer by e-mail as soon as possible. The default of DUTCHSARMS does not take effect until after the Consumer has given DUTCHSARMS written notice of default, in which notice a reasonable term is stated within which DUTCHSARMS can still fulfill its delivery obligation and the fulfillment thereof has still not occurred after the expiry of the latter period.
- If the agreed delivery period is exceeded, the Consumer is never entitled to refuse to accept the Products to be delivered and to fulfill the other obligations under the Agreement.
- If DUTCHSARMS incurs additional costs as a result of a circumstance attributable to the Consumer, for example in connection with multiple delivery attempts, these costs will additionally be borne by the Consumer.