RIGHT OF WITHDRAWAL
Applicability of the Right of Withdrawal
The consumer enjoys a right of withdrawal, in accordance with article VI.47 Belgian Code of Economic Law. The right of withdrawal provides the Consumer with the possibility to terminate the contract if, after the delivery, he is not satisfied with the product. No required motivation or penalty fee is applicable. Chuckfamily does welcome your feedback in order to improve our services.
If the Consumer applies his right of withdrawal in conformity to the legal conditions, Chuckfamily will take care of the reimbursement of the amount actually paid for the product within fourteen (14) calendar days. The reimbursement will be carried out through the same payment method you used for the initial transaction, unless the consumer expressly agreed otherwise. No fee will be charged for the reimbursement.
Attention: Chuckfamily does not reimburse any additional delivery costs, such as the cost endorsed if the consumer selects a delivery method that differs from the cheapest standard delivery method.
According to Article VI.53 of the Belgian Code of Economic Law, the consumer is not entitled to exercise his right of withdrawal in the following cases:
- The supply of goods which are made to the consumer’s specifications, or are clearly personalized (Article VI.53.3°)
- The supply of goods which are liable to deteriorate or expire rapidly (Article VI.53.4°);
- The supply of sealed goods which are not suitable for return duet o health protection or hygiene reasons and were unsealed after delivery (Article VI.53.5°);
- Where the goods supplied have, according to their nature, been inseparably mixed with other items after delivery (Article VI.53.6°);
- Contracts where the consumer has specifically requested a visit from the trader for the purpose of carrying out urgent repairs or maintenance. If, on the occasion of such visit, the trader provides services in addition to those specifically requested by the consumer or goods other than replacement parts necessarily used in carrying out the maintenance or in making the repairs, the right of withdrawal shall apply to those additional services or goods (Article VI.53.8°);
- The supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery (Article VI.53.9°);
- The supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumer’s prior express consent and his acknowledgment that he thereby loses his right of withdrawal (Article VI.53.13°).
Exercising the Right of Withdrawal
The consumer who wishes to invoke the right of withdrawal must communicate his decision explicitly and
unambiguously, in a written statement. The communication must happen within fourteen (14) calendar days:
- Sales contract: The day of acquiring physical possession of the goods.
- Service contract: The day of the conclusion of the contract.
It is up to the consumer to prove that he can rely on his right. The following information must always be clearly communicated:
- The following three dates: the date of order, date of receipt and the date on which the right of withdrawal is used;
- Name and address of the Consumer;
- Signature of the Consumer.
The Consumer must remand the products to Chuckfamily as soon he has notified his decision to exercise his right of withdrawal, and no later than fourteen (14) calendar days of the communication. The return shipment can only be done by manner of an authorized carrier. In any case, the Consumer will bear all costs and risks of remand. Chuckfamily may suspend the reimbursement until receipt of evidence by the Purchaser that the products have been returned.
The Purchaser is liable for any diminished value of the products resulting from the handling of the products beyond what is necessary to establish the nature, characteristics and functioning of the products. Chuckfamily is entitled to charge the costs of the impairment in proportion to the repayment.
The Consumer has no right of withdrawal if the above conditions are not met. In that case, the goods will be returned to the Consumer at the expense and risk of the Consumer. Chuckfamily undertakes to clearly communicate its motives to the Consumer.