Withdrawal document *

*This document must be completed, signed and sent in any form that proves the date of shipment to ASOCIACION CULTURA POPULAR, address at Martínez Vigil 14, Bajo - 33010 Oviedo along with the returned product and a copy of the invoice.

In accordance with Article 70 of Law 1/2007: “The exercise of the right of withdrawal shall not be subject to any formality, it being sufficient that it is proven in any form admitted by law. In any case, it shall be considered validly exercised by sending the withdrawal document or by returning the products received.”

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Mr./Ms. ………………………………………….. with ID number ………………………………….. and exercising the right granted to me by Law 3/2014 of March 27, which modifies the consolidated text of the General Law for the Defense of Consumers and Users, within the period of 14 calendar days from the date of receipt:

MANIFEST

  1. That on the date………………… I acquired from the website of ASOCIACION CULTURA POPULAR (www.manglarecosistemacultural.com) the product with reference number…………………..
  2. I have been informed of my right to withdraw from the purchase contract within 14 calendar days from receipt of the product, without needing to state the reasons.
  3. I am attaching to this withdrawal document a copy of the purchase invoice for the product acquired.
  4. I hereby exercise my right of withdrawal, returning the corresponding product in perfect condition with its original packaging.

 

 

 

In ………………………… on the ………. of …………………………….. of 20….

Signed. ………………………………….

 

MAIN LEGAL PROVISIONS APPLICABLE TO THE RIGHT OF WITHDRAWAL

Law 3/2014 of March 27, which modifies the consolidated text of the General Law for the Defense of

Consumers and Users

Article 102 Right of withdrawal

  1. Except for the exceptions provided for in Article 103, the consumer and user shall have the right to withdraw from the contract during a period of 14 calendar days without stating the reason and without incurring any costs other than those provided for in Articles 107.2 and 108.
  2. Clauses that impose a penalty on the consumer and user for exercising their right of withdrawal or waiving the same will be null and void.           

Article 103 Exceptions to the right of withdrawal

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

  1. The provision of services, once the service has been fully performed, when performance has begun, with the prior express consent of the consumer and user and with the acknowledgment on their part that they are aware that, once the contract has been fully performed by the trader, they will have lost their right of withdrawal.
  2. The supply of goods or the provision of services whose price depends on fluctuations in the financial market that the entrepreneur cannot control and that may occur during the withdrawal period.
  3. The supply of goods made to the specifications of the consumer and user or clearly personalized.
  4. The supply of goods that may deteriorate or expire rapidly.
  5. The supply of sealed goods which are not suitable for return for reasons of health protection or hygiene and which have been unsealed after delivery.
  6. The supply of goods which, after delivery and taking into account their nature, have been inseparably mixed with other goods.
  7. The supply of alcoholic beverages whose price has been agreed upon at the time of entering into the sales contract and which cannot be delivered before 30 days, and whose real value depends on market fluctuations that the entrepreneur cannot control.
  8. Contracts in which the consumer has specifically requested the trader to visit him or her to carry out urgent repair or maintenance operations; if, on that visit, the trader provides additional services to those specifically requested by the consumer or supplies goods other than the replacement parts necessarily used to carry out the maintenance or repair operations, the right of withdrawal must apply to those additional services or goods.
  9. The supply of sealed audio or video recordings or sealed computer programs that have been unsealed by the consumer and user after delivery.
  10. The supply of daily newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications.
  11. Contracts concluded through public auctions.
  12. The provision of accommodation services for purposes other than housing, transport of goods, rental of vehicles, food or services related to leisure activities, if the contracts provide for a specific date or period of performance.
  13. 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 their part that consequently they lose their right of withdrawal.

 

Article 107 Obligations and rights of the employer in case of withdrawal

  1. The trader shall reimburse all payments received from the consumer, including, where applicable, delivery costs, without undue delay and, in any event, no later than 14 calendar days from the date on which the trader was informed of the consumer's decision to withdraw from the contract in accordance with Article 106.

In the event of an unjustified delay by the business owner in returning the sums paid, the consumer and user may claim double the amount owed, without prejudice to their right to be compensated for damages suffered that exceed that amount.

  1. Notwithstanding paragraph 1, if the consumer has expressly selected a delivery method other than the least expensive ordinary delivery method, the trader shall not be obliged to reimburse the additional costs arising therefrom.
  2. Except where the trader has offered to collect the goods himself, in sales contracts, the trader may withhold reimbursement until he has received the goods, or until the consumer has provided proof of the return of the goods, whichever is the earliest.

           

Article 108 Obligations and responsibility of the consumer and user in case of withdrawal

  1. Unless the trader offers to collect the goods, the consumer must return or hand them over to the trader, or to a person authorized by the trader to receive them, without undue delay and, in any event, no later than 14 calendar days from the date on which they communicate their decision to withdraw from the contract to the trader, in accordance with Article 106. The deadline will be considered met if the consumer returns the goods before the 14-day period has expired.

The consumer and user will only bear the direct costs of returning the goods, unless the business has agreed to assume them or has not informed the consumer that it is their responsibility to assume those costs.

In the case of contracts concluded outside the establishment where the goods have already been delivered to the consumer's home at the time the contract was concluded, the business will collect the goods at its own expense when, due to their nature, they cannot be returned by mail.

  1. The consumer will only be liable for any diminished value of the goods resulting from handling other than what is necessary to establish their nature, characteristics, or functioning. Under no circumstances will the consumer be liable for any diminished value of the goods if the trader has not informed them of their right of withdrawal pursuant to Article 97.1.i).
  2. When a consumer exercises the right of withdrawal after having made a request in accordance with Article 98.8 or Article 99.3, they shall pay the trader an amount proportional to the part of the service already provided at the time they informed the trader of their intention to withdraw, in relation to the total subject matter of the contract. The proportional amount payable to the trader shall be calculated on the basis of the total price agreed upon in the contract. If the total price is excessive, the proportional amount shall be calculated on the basis of the market value of the part of the service already provided.
  3. The consumer and user will not assume any costs for:
  4. With the exception of the provisions of Article 107.2, and in this Article, the consumer and user shall not incur any liability as a result of exercising the right of withdrawal.