Legal Source: Decree No. 2014-1061 of September 17, 2014 on pre-contractual and contractual information obligations for consumers and the right of withdrawal
APPENDIX (to article R. 121-1)
SAMPLE WITHDRAWAL FORM (English)
(Please complete and return this form only if you wish to withdraw from the contract)
To the attention of [TO BE ADAPTED: the trader hereby inserts his/her name, geographical address and, where available, fax number and e-mail address] :
I/We (*) hereby notify you/us (*) of my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of services (*) below:
Ordered on (*)/received on (*) :
Name of consumer(s) :
Address of consumer(s) :
Signature of consumer(s) (only if notifying this form on paper):
* (*) Delete as appropriate
APPENDIX (to article R. 121-2)
INFORMATION CONCERNING THE EXERCISE OF THE RIGHT OF WITHDRAWAL
Right of withdrawal
You have the right to withdraw from this contract without giving any reason within fourteen days.
The withdrawal period expires fourteen days after the day (1).
In order to exercise the right of withdrawal, you must notify us (2) of your decision to withdraw from this contract by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail). You can use the model withdrawal form but it is not obligatory (3).
In order for the withdrawal period to be respected, it is sufficient for you to send your communication regarding the exercise of the right of withdrawal before the expiration of the withdrawal period.
Effects of withdrawal
If you withdraw from this contract, we will refund all payments received from you, including delivery costs (with the exception of any additional costs arising from the fact that you have chosen a delivery method other than the cheaper standard delivery method offered by us), without undue delay and in any event no later than fourteen days from the day on which we are informed of your decision to withdraw from this contract. We will make the refund using the same means of payment that you used for the original transaction, unless you expressly agree to a different means; in any event, this refund will not incur any costs for you (4).
Instructions for completing the information:
(1) Insert any of the following in quotation marks:
- (a) If the contract is for a service or a contract for the supply of water, gas, or electricity when not packaged in a bounded volume or quantity, district heating, or digital content not provided in a tangible medium: "of the conclusion of the contract." ;
- (b) In the case of a contract of sale: "when you, or a third party other than the carrier and designated by you, takes physical possession of the goods." ;
- (c) If the contract is for more than one good ordered by the consumer in a single order and the goods are delivered separately: "where you, or a third party other than the carrier and designated by you, takes physical possession of the last good;
- (d) In the case of a contract for the delivery of goods in multiple lots or pieces: "where you, or a third party other than the carrier and designated by you, takes physical possession of the last lot or piece;
- (e) If this is a contract for the regular delivery of goods over a specified period of time: "where you, or a third party other than the carrier and designated by you, takes physical possession of the first good;
(2) Insert your name, geographic address and, when available, telephone number, fax number and e-mail address.
(3) If you provide the consumer with the option of completing and submitting the withdrawal information electronically on your website, insert the following: "You may also complete and submit the sample withdrawal form or other unambiguous statement on our website [insert website address]. If you use this option, we will promptly send you an acknowledgement of receipt of the withdrawal in a durable medium (e.g., by email)."
(4) If this is a sales contract in which you did not offer to pick up the good in the event of a withdrawal, insert the following text: "We may defer the refund until we receive the good or you provide proof of shipment of the good, whichever is earlier."
(5) If the consumer received goods under the contract:
- (a) Insert:
"We will collect the property"; or
"[insert name and geographic address, if any, of the person authorized by you to receive the goods] without undue delay and in any event no later than fourteen days after you notify us of your decision to withdraw from this contract. This period shall be deemed to have been observed if you return the goods before the expiry of the fourteen-day period."
- (b) Insert:
"We will bear the cost of returning the property.";
"You shall bear the direct cost of returning the goods;
If, in the case of a distance contract, you do not offer to pay the cost of returning the good and the good, because of its nature, cannot normally be returned by mail: "You will be responsible for the direct cost of returning the good, ... EUR [insert amount]."; or, if the cost of returning the good cannot reasonably be calculated in advance: "You will be responsible for the direct cost of returning the good. These costs are estimated to be a maximum of approximately ... [insert amount]."; or
If, in the case of an off-premises contract, the goods, because of their nature, cannot normally be returned by mail and were delivered to the consumer's home at the time the contract was concluded: "We will collect the goods at our own expense.
- (c) Insert: "You are only liable for depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the goods."
(6) In the case of a contract for the provision of services or supply of water, gas or electricity when not packaged in a delimited volume or in a specific quantity, or district heating, insert the following text: "If you have requested to commence the provision of services or supply of water/gas/electricity/district heating [delete as appropriate] during the withdrawal period, you will be required to pay us an amount proportionate to what has been provided to you up to the time you have informed us of your withdrawal from this contract, in relation to the total services provided under the contract. "