The right of withdrawal from this contract may be exercised within 14 days except in the cases set out in this document, the consumer shall have a period of 14 days to withdraw from a distance or off-premises contract without having to justify the withdrawal decision and without incurring any costs other than those set out in this document. The withdrawal period of 14 days shall be extended to 30 days for contracts concluded in the context of unsolicited visits by a trader to a consumer's home or travel organized by a trader with the purpose or effect of promoting or selling goods to consumers to protect the legitimate interests of consumers in respect of aggressive or misleading commercial or sales practices.
Without prejudice, the withdrawal periods referred to above shall expire within 14 days or 30 days from: the day on which the consumer or a third party other than the carrier and indicated by the consumer takes physical possession of the goods, in the case of sales contracts, or:
(i)where the consumer orders in a single order multiple goods to be delivered separately, the day on which the consumer or a third party, other than the carrier and indicated by the consumer, takes physical possession of the last good;
(ii)in the case of the delivery of a good consisting of several lots or pieces, the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the last good or piece;
(iii)in the case of a contract for the periodic delivery of goods for a given period of time, the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires the physical possession of the first good;
Exercise of the right of withdrawal:
Before the expiration of the withdrawal period, the consumer shall inform the trader of his decision to withdraw from the contract. For this purpose, the consumer may choose one of the following options:
(a) use the model withdrawal form provided on the website;
(b) to make any other unequivocal statement expressing his decision to withdraw from the contract.
(2) The consumer has exercised his right of withdrawal within the withdrawal period referred to above if the communication on the exercise of the right of withdrawal is sent by the consumer before the expiry of that period.
The consumer shall have the option to complete and submit electronically on the trader's website either the model withdrawal form provided on the website or an unequivocal statement of any other type. After the withdrawal request has been formulated without delay on a durable medium, we will acknowledge receipt of the withdrawal form.
Effects of withdrawal:
The exercise of the right of withdrawal terminates the contractual parties' obligations, as applicable:
(a) to perform the distance or off-premises contract;
(b) to conclude a distance or off-premises contract where the consumer has placed an order.
Obligations of HEALTH STRATEGIES EUROPE S.R.L. in case of withdrawal
(1) The Company shall refund all sums it has received as payment from the consumer, including, where applicable, the costs of delivery, without undue delay and in any event no later than 14 days from the date on which it is informed of the consumer's decision to withdraw from the contract.
The company shall reimburse the aforementioned amounts using the same means of payment as those used by the consumer for the initial transaction, unless the consumer has agreed to another means of payment and provided that the consumer is not charged any commission as a result of the reimbursement.
(2) Without prejudice to the rights provided for in this Chapter, the trader shall not be obliged to reimburse additional costs where the consumer has explicitly chosen a type of delivery other than the standard delivery offered by the trader.
(3) Except where HEALTH STRATEGIES EUROPE S.R.L. has offered to take back the goods itself, in the case of sales contracts, the trader may postpone the reimbursement until the date of receipt of the goods which were the subject of the sale or until receipt of proof from the consumer that he has sent the goods to the trader, whichever is the earlier.
(4) HEALTH STRATEGIES EUROPE S.R.L. shall comply with the applicable obligations set out in Regulation (EU) 2016/679 regarding the personal data of the consumer.
Obligations of the consumer in case of withdrawal
(1) Unless HEALTH STRATEGIES EUROPE S.R.L. has offered to take back the goods itself, the consumer shall return the goods or hand them over to the trader or a person authorized by the trader to receive the goods, without undue delay and no later than 14 days from the date on which he communicates his decision to withdraw from the contract to HEALTH STRATEGIES EUROPE S.R.L. in accordance with the provisions of this Chapter. The deadline is met if the products are returned by the consumer before the expiry of the 14-day period.
(2) The consumer bears only the direct costs of returning the products, unless HEALTH STRATEGIES EUROPE S.R.L agrees to bear those costs or unless HEALTH STRATEGIES EUROPE S.R.L has not informed the consumer that these costs are to be borne by the consumer. In the case of off-premises contracts where the products have been delivered to the consumer's home at the time of the conclusion of the contract, HEALTH STRATEGIES EUROPE S.R.L. shall take back the products at its own expense if the products, by their nature, cannot be returned by post.
(3) The consumer shall be liable only in respect of any diminution in value resulting from the handling of the products other than what is necessary to determine the nature, characteristics and functioning of the products. The diminished value of the goods shall not be such as to discourage the consumer from exercising his right of withdrawal. In any event, the consumer shall not be liable for the diminished value of the products if HEALTH STRATEGIES EUROPE S.R.L. has failed to inform him of the right of withdrawal within 14 days.
(4) HEALTH STRATEGIES EUROPE S.R.L. must be able to prove the diminution in value of the products resulting from the products' nature, characteristics and functioning other than what is necessary to determine the nature, characteristics and functioning of the products.
(5) Where the consumer exercises the right of withdrawal after the transmission of the request in accordance with this Chapter, the consumer shall pay the trader an amount proportionate to what has been provided up to the time the consumer has informed the trader of the exercise of the right of withdrawal, in relation to the total coverage of the contract. The proportionate amount to be paid by the consumer to the trader shall be calculated based on the total price agreed in the contract. If the total price is excessive, the proportionate amount shall be calculated based on the market value of what has been provided.
Exceptions to the right of withdrawal
The following shall be exempted from the right of withdrawal provided for in this Chapter in respect of distance and off-premises contracts:
(a) service contracts, after full performance of the services and, where the contract gives rise to an obligation on the consumer to pay, if performance has begun with the consumer's express prior consent and after the consumer has confirmed that he has been made aware that he will lose his right of withdrawal after full performance of the contract by HEALTH STRATEGIES EUROPE S.R.L;
(b) the supply of products or services the price of which is dependent on fluctuations in the financial market which the trader cannot control, and which may occur during the withdrawal period;
(c) the supply of products made to the specifications given by the consumer or clearly personalized;
(d) the supply of products which are liable to deteriorate or expire rapidly;
(e) the supply of sealed products which cannot be returned for reasons of health protection or hygiene and which have been unsealed by the consumer;
(f) the supply of products which, after delivery, are, by their nature, inseparably mixed with other elements;
Right of withdrawal
You have the right to withdraw from this contract, without giving reasons, within 14 days.
The withdrawal period expires after 14 days from the day - see point 1 of the Supplementary Instructions.
To exercise your right of withdrawal, you must inform us - see point 2 of the Supplementary Instructions - of your decision to withdraw from this contract by means of an unequivocal statement, for example a letter sent by post, fax or e-mail. For this purpose, you may use the enclosed model withdrawal form; however, its use is not obligatory - see point 3 of the Instructions for Completion.
To respect the withdrawal deadline, it is sufficient to send the communication concerning the exercise of the right of withdrawal before the end of the withdrawal period.
Consequences of withdrawal
If you withdraw, we will refund any amount we have received from you, including the costs of delivery, except for the additional costs caused by your choice of delivery other than the cheapest standard delivery type offered by us, without undue delay and in any event no later than 14 days after we are informed of your decision to withdraw from this contract. We will make such refund using the same payment method as that used for the original transaction, unless you have expressly agreed to a different method of refund; in any event, you will not be charged any fees because of such refund - see point 4 of the Completion Instructions.
Completion instructions
1.Insert the following wording between quotation marks:
(a) in the case of a contract of sale: 'indicate the date on which you or a third party, other than the carrier, indicated by you, took physical possession of the goods';
(b) in the case of a contract for multiple goods ordered by the consumer in a single order and delivered separately: 'indicate the date on which you or a third party, other than the carrier and indicated by you, took physical possession of the last of the goods';
(c) in the case of a contract for the delivery of a good consisting of several lots or parts: "indicate the date on which you or a third party, other than the carrier and indicated by you, took physical possession of the last lot or part";
(d) in the case of a contract for the periodic delivery of goods over a given period of time: "the date on which you or a third party other than the carrier, indicated by you, took physical possession of the first good".
- Enter your name, your physical address, your telephone number and your e-mail address.
- "You may also complete and submit electronically from our website [insert e-mail address] the standard withdrawal form or any other unequivocal statement. If you use this option, we will promptly send you, on a durable medium, e.g. by e-mail, confirmation of receipt of your withdrawal request."
- "We may postpone the refund until the date we receive the goods back or until you have provided us with proof that you have sent back the goods, whichever is the earlier."
5.If the consumer has received goods in connection with the contract, enter the following:
- "Ship the goods or deliver them directly to us or...[insert the name and, if applicable, the postal address of the person authorized by you to receive the goods], without undue delay and in any event no later than 14 days after the date on which you notify us of your withdrawal. The time limit is met if the goods are sent back before the 14-day period has expired.";
- "You will have to bear the direct cost of returning the goods.";
HEALTH STRATEGIES EUROPE S.R.L: will refund the value of the returned goods within 14 working days, but not before the date of receipt of the goods, (the amount refunded does not include transportation costs which vary depending on the area in which you are located and is automatically calculated by the courier company).
HEALTH STRATEGIES EUROPE S.R.L. DOES NOT ACCEPT PARTIAL RETURNS.
Please note that the returned product must be in the original packaging, together with all documents (warranty, user manual, leaflet) in the same condition in which it was received, free of dents, scratches, signs of wear or partially worn. Destruction or breakage of packaging or product accessories makes it impossible to return the products, so HEALTH STRATEGIES EUROPE S.R.L. cannot be held liable.
HEALTH STRATEGIES EUROPE S.R.L, will refund the value of the products accepted for return to the bank account indicated by you. Please note that the transportation cost for the return of products to HEALTH STRATEGIES EUROPE S.R.L. will be borne by the customer who requested the return. The return of the products will be made using the same transportation service used for the shipment.
Please pack the returned products carefully, the company HEALTH STRATEGIES EUROPE S.R.L, will not refund the value of the products if they are damaged during transportation for return.
For further details please contact us at .............
Model withdrawal form.
This form should only be sent back completed if you wish to withdraw from the contract.
- To HEALTH STRATEGIES EUROPE S.R.L:
- I/we (*) hereby inform you (*) of my/our (*) withdrawal from the contract relating to the sale of the following goods (*)/provision of the following services (*)
- Ordered on (*)/Shipped on (*)
- Name of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only if this form is notified on paper)
- Date
