Cellphone parts

Terms and Conditions

Article 68. Content and regime of the right of withdrawal.

1. The right of withdrawal from a contract is the power of the consumer and user to cancel the contract concluded, notifying the other contracting party within the period established for the exercise of that right, without having to justify their decision and without penalty of any kind.

Any clauses that impose a penalty on the consumer and user for exercising his right of withdrawal shall be null and void.

2. The consumer shall have the right to withdraw from the contract in the cases provided by law or regulation and when so recognized in the offer, promotion, advertising or in the contract itself.

3. The right of withdrawal legally attributed to the consumer and user shall be governed in the first instance by the legal provisions that establish it in each case and in its absence by the provisions of this Title.

Article 70. Formalities for the exercise of the withdrawal.

The exercise of the right of withdrawal shall not be subject to any formality, it being sufficient that it is accredited in any form admitted in law. In any case it will be considered validly exercised by sending the withdrawal document or by returning the products received.

Article 71. Time limit for the exercise of the right of withdrawal.

1. The consumer and user shall have a minimum period of fourteen calendar days to exercise the right of withdrawal.

Provided that the employer has complied with the duty of information and documentation set out in Article 69.1, the period referred to in the preceding paragraph shall be calculated from receipt of the goods covered by the contract or from the conclusion of the contract if the object of the contract was the provision of services.

3. If the entrepreneur had not complied with the duty of information and documentation on the right of withdrawal, the period for its exercise shall end twelve months after the date of expiry of the initial withdrawal period, counting from the time the contracted good was delivered or the contract had been concluded, if the object of the contract was the provision of services.

If the duty of information and documentation is fulfilled during the aforementioned period of twelve months, the period legally provided for the exercise of the right of withdrawal shall begin to run from that time.

4. To determine the observance of the withdrawal period, the date of issue of the declaration of withdrawal shall be taken into account.

Article 72. Proof of the exercise of the right of withdrawal.

It is for the consumer and user to prove that you have exercised your right of withdrawal in accordance with the provisions of this chapter.

Article 73. Costs associated with the withdrawal.

The exercise of the right of withdrawal shall not involve any cost to the consumer and user. For these purposes it will be considered place of performance the place where the consumer and user has received the service.

Article 74. Consequences of the exercise of the right of withdrawal.

1. Exercised the right of withdrawal, the parties must reciprocally return the benefits in accordance with the provisions of Articles 1.303 and 1.308 of the Civil Code.

2. The consumer and user will not have to reimburse any amount for the decrease in value of the good, which is a consequence of its use as agreed or its nature, or the use of the service.

3. The consumer and user shall be entitled to reimbursement of the necessary and useful expenses incurred on the good.

4. In the event that the user fails to comply with the commitment of permanence acquired with the company, the penalty for cancellation, or premature termination of the contractual relationship, will be proportional to the number of non-effective days of the agreed commitment of permanence.

Article 75. Impossibility of returning the service by the consumer and user.

1. The impossibility of returning the provision subject of the contract by the consumer and user by loss, destruction or other cause shall not deprive it of the possibility of exercising the right of withdrawal.

In these cases, when the impossibility of return is attributable to him, the consumer and user will respond to the market value that would have had the provision at the time of exercising the right of withdrawal, unless that value is higher than the purchase price, in which case it will respond to it.

2. When the entrepreneur had failed to comply with the duty of information and documentation on the right of withdrawal, the impossibility of return will only be attributable to the consumer and user when he had omitted the diligence that is required in their own affairs.

Article 76. Return of sums received by the entrepreneur.

When the consumer and user has exercised the right of withdrawal, the entrepreneur shall be obliged to return the sums paid by the consumer and user without retention of costs. The refund of these sums must be made without undue delay and, in any case, before 14 calendar days have elapsed from the date on which it has been informed of the decision to withdraw from the contract by the consumer and user.

Once this period has elapsed without the consumer and user having recovered the sum due, he will be entitled to claim it doubled, without prejudice to compensation for damages that have been caused in excess of that amount.

The employer shall bear the burden of proof of compliance with the time limit.

Article 103 Exceptions to the right of withdrawal

The right of withdrawal shall not apply to contracts relating to:

a) The provision of services, once the service has been fully performed, where performance has begun, with the prior express consent of the consumer and user and with the acknowledgment by him that he is aware that, once the contract has been fully performed by the entrepreneur, he will have lost his right of withdrawal.

b) The supply of goods or the provision of services whose price depends on fluctuations in the financial market that the entrepreneur can not control and that may occur during the withdrawal period.

c) The supply of goods made to the specifications of the consumer and user or clearly personalized.

d) The supply of goods that may deteriorate or expire quickly.

e) The supply of sealed goods that are not suitable for return for reasons of health protection or hygiene and have been unsealed after delivery.

f) The supply of goods which after delivery and taking into account their nature have become inseparably mixed with other goods.

g) The supply of alcoholic beverages whose price has been agreed at the time of entering into the sales contract and which cannot be delivered within 30 days, and whose actual value depends on market fluctuations that the entrepreneur cannot control.

h) Contracts in which the consumer and user has specifically requested the trader to visit him for urgent repair or maintenance operations; if, during such a visit, the trader provides services in addition to those specifically requested by the consumer or supplies goods other than spare parts necessarily used to carry out the maintenance or repair operations, the right of withdrawal should apply to such additional services or goods.

i) The supply of sealed sound or video recordings or sealed computer programs that have been unsealed by the consumer and user after delivery.

j) The supply of daily newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications.

k) Contracts concluded by means of public auctions.

l) The supply of accommodation services for purposes other than housing, transportation of goods, car rental, food or services related to leisure activities, if the contracts provide for a specific date or period of performance.

m) The supply of digital content that is not provided on a tangible medium when the performance has begun with the prior express consent of the consumer and user with the knowledge on his part that he consequently loses his right of withdrawal.

Title III of Book II drafted in accordance with the provisions of paragraph twenty-eight of the sole article of Law 3/2014, of March 27, which amends the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, approved by R.D. Legislative 1/2007, of November 16 (“B.O.E.” March 28). The provisions of the aforementioned Law shall apply to contracts with consumers and users entered into as of June 13, 2014.Effective: March 29, 2014 Effects / Application: June 13, 2014