Right of withdrawal of consumers

Who does this information apply to?

Consumers

This page is intended for consumers. A consumer is a natural person who does not act in the exercise of a profession or business.

Business customers

For business customers, companies, self-employed professionals, organisations, foundations and associations, the consumer right of withdrawal does not automatically apply. For business customers, the terms and conditions of the offer, agreement, general terms and conditions, SLA, support agreements or other written agreements apply.

Doubt about your situation

Do you doubt whether you are considered a consumer or a business customer? Please contact us before agreeing to an order or service.

When can the right of withdrawal apply?

The right of withdrawal may apply when a consumer enters into a distance contract.

Examples of distance agreements are agreements or assignments through:

• e-mail;
• WhatsApp;
• telephone;
• contact form;
• website;
• online quotation;
• digital agreement declaration.

The right of withdrawal does not automatically apply to every situation. Whether the right of withdrawal applies depends, among other things, on the type of contract, the manner in which the contract was concluded, the nature of the service or product and any legal exceptions.

14-day cooling-off period

General deadline

In many cases, a consumer has a cooling-off period of 14 days.

Start of cooling-off period in services

In the case of services, the cooling-off period usually starts on the day on which the contract is concluded.

Think of services like:

• repair;
• diagnosis;
• clean up;
• installation;
• remote support;
• on-site service;
• maintenance;
• data transfer;
• advice;
• software work.

Start of product cooling-off period

In the case of delivery of products, the cooling-off period usually starts on the day after the consumer has received the product.

Think of products like:

• loose parts;
• accessories;
• hardware;
• cables;
• chargers;
• other physical products.

No reason needed

Within the cooling-off period, a consumer does not have to give a reason for withdrawal.

Services within the cooling-off period

Start directly on request

Computer Repair Twente often involves services such as repair, maintenance, cleaning, support or installation. If you want us to start the service during the cooling-off period, we can ask you to give your explicit consent.

After-start withdrawal costs

If, at your express request, we have already started the service and you then withdraw within the cooling-off period, we may charge for the part of the service that has already been carried out, to the extent permitted by law and made clear in advance.

Examples:

• diagnosis carried out;
• working hours already worked;
• software work carried out;
• remote support that has already taken place;
• on-site service;
• parts ordered or used;
• diagnostic fees incurred;
• call-out costs incurred.

Fully performed service

If a service has been fully executed on your express request within the cooling-off period, the right of withdrawal may lapse, to the extent permitted by law. This applies especially if you have expressly agreed to immediate execution in advance and have stated that you understand that the right of withdrawal will expire once the service has been fully executed.

No automatic free service

The right of withdrawal is not intended to allow free use of a service that has been fully or partially performed when you expressly requested an immediate start in advance and we clearly informed you of possible costs.

Repairs and investigations

Diagnosis or examination

When you offer a device for diagnosis or research and you want us to start right away, diagnosis costs or diagnostic fees may be due when you subsequently withdraw, to the extent permitted by law.

Repair after approval

If you agree to a repair and we start within the cooling-off period at your request, costs may be due for work already carried out.

Parts

If parts are ordered specifically for you, cancellation or withdrawal may affect the costs, particularly if the part has already been ordered, delivered, used or installed, or can no longer be returned.

Return Device

If an order is cancelled before the service is complete, we will review what has already been done and in what condition the device can be returned. Any costs for work already carried out can be offset.

Exceptions and restrictions

There are statutory exceptions to the right of withdrawal. Depending on the situation, the right of withdrawal may not apply or may be limited.

Examples of possible exceptions are:

• services fully performed within the cooling-off period with prior express consent;
• customised products or parts specially ordered or adapted for the consumer;
• products which, for hygienic, technical or safety reasons, are not suitable for return after use or assembly, to the extent permitted by law;
• digital content or software supplied or activated directly with permission;
• emergency or direct execution on explicit request;
• work which has already incurred clear costs at the consumer's request.

An exception is assessed on a case-by-case basis.

Special ordered spare parts

Parts on request

For some repairs, spare parts need to be specially ordered based on brand, model, serial number, revision or availability.

Examples:

• laptop screens;
• batteries;
• keyboards;
• chargers;
• enclosure parts;
• fans;
• SSDs;
• specific adapters;
• motherboard parts.

Charges for cancellation

When a part is specially ordered for you and can no longer be cancelled or returned, all or part of the costs may be passed on to you, as far as permitted by law and made clear in advance.

Assembly

If a part has already been installed or used, returns may be restricted or impossible.

Digital content, software and licenses

Different rules may apply to software, digital content, licences, activations, downloads or digital configurations. Under certain conditions, the right of withdrawal may lapse if you expressly agree to immediate delivery or activation, acknowledge that you lose the right of withdrawal after delivery has started or been completed, to the extent permitted by law, or if the digital content or licence has already been delivered, activated or used.

This is assessed on a case by case basis.

How can you withdraw?

You can reach us by e-mail at contact@computerrepairtwente.nl or by phone / via WhatsApp at 06-55734000. We prefer to receive a withdrawal by e-mail, so that it is clearly recorded.

Information to include

• your name;
• address, if relevant;
• telephone number;
• e-mail address;
• invoice number, if any;
• appointment number or order details, if any;
• date of the contract or purchase;
• description of the service or product;
• Clear statement that you wish to withdraw the agreement.

Sample withdrawal notice

Impact of withdrawal

Confirmation

Upon receipt of your withdrawal, we will confirm it as soon as possible.

Refund

If you are entitled to a refund, we will refund the amount within the legal period and via the same or an appropriate payment method, unless otherwise agreed.

Calculation of the work carried out

If we have already started the service at your request, reasonable costs for the part already carried out can be settled, as far as permitted by law.

Return of products

When a physical product must be sent back or returned, it must be in good condition, complete and, where possible, in its original packaging.

Value reduction

Where a product is used beyond what is necessary to determine its nature, characteristics and operation, depreciation may be charged to the extent permitted by law.

Return costs

Any return costs may be borne by the consumer, provided that this has been made clear in advance and is permitted by law.

Where there is no or limited right of withdrawal

The right of withdrawal may be lacking or limited where:

• the contract has not been concluded remotely;
• you act as a business customer;
• a service is fully performed within the cooling-off period with your express consent;
• you have stated that you understand that withdrawal expires after full execution;
• It's about customization;
• the parts are specially ordered or customised and cannot normally be returned;
• digital content or software has already been supplied or activated with permission;
• a legal exception applies.

Difference between withdrawal, warranty and a complaint

Withdrawal means that a consumer wants to undo a distance contract within the cooling-off period.

Warranty concerns problems with a completed repair, supplied part or service after delivery. More information is available in our warranty and service policy.

Complaint is about discontent about service, communication, billing, warranty handling or execution. More information can be found in our complaint procedure.

Withdrawal, warranty and complaints are therefore different situations.

Ask in advance in case of doubt

Unsure whether the right of withdrawal applies in your situation? Please contact us in advance. This is particularly important if you want us to start immediately, have a part specially ordered, need urgent work, want a service fully completed within 14 days, have software or digital services supplied, or are unsure whether you are acting as a consumer or a business customer.

Consistency with other documents

This page should be read in conjunction with general terms and conditions, privacy statement, disclaimer, warranty and service policy, complaint procedure, service procedure, company details and specific quote or order confirmation.

In the case of different written agreements or legal obligations, these shall prevail.

Amendments

Computer Repair Twente may modify this information about the right of withdrawal when legislation, service, method of operation or business changes.

The most up-to-date version is available via the website.

Contact

Do you have questions about withdrawal, the cooling-off period or your specific situation? Please contact Computer Repair Twente.

Related Legal Pages

• General terms and conditions
• Privacy notice
• Service procedure
• Warranty & Service Policy
• Complaints procedure
• Company data