Draft Common Frame of Reference:artikel II.—5.105

Draft Common Frame of Reference

II. — 5:105 Effects of withdrawal

Geldend

Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.

(1)

Withdrawal terminates the contractual relationship and the obligations of both parties under the contract.

(2)

The restitutionary effects of such termination are governed by the rules in Book III, Chapter 3, Section 5, Sub-section 4 (Restitution) as modified by this Article, unless the contract provides otherwise in favour of the withdrawing party.

(3)

Where the withdrawing party has made a payment under the contract, the business has an obligation to return the payment without undue delay, and in any case not later than thirty days after the withdrawal becomes effective.

(4)

The withdrawing party is not liable to pay:

(a)

for any diminution in the value of anything received under the contract caused by inspection and testing;

(b)

for any destruction or loss of, or damage to, anything received under the contract, provided the withdrawing party used reasonable care to prevent such destruction, loss or damage.

(5)

The withdrawing party is liable for any diminution in value caused by normal use, unless that party had not received adequate notice of the right of withdrawal.

(6)

Except as provided in this Article, the withdrawing party does not incur any liability through the exercise of the right of withdrawal.

(7)

If a consumer exercises a right to withdraw from a contract after a business has made use of a contractual right to supply something of equivalent quality and price in case what was ordered is unavailable, the business must bear the cost of returning what the consumer has received under the contract.

Deze functie is alleen te gebruiken als je bent ingelogd.