Right of Withdrawal from a Distance Contract and Return of Products after Contract Withdrawal

In accordance with the provisions of Emergency Government Ordinance (EGO) no. 34/2014 on consumer rights in contracts concluded with professionals, as well as for the amendment and completion of certain normative acts, the consumer – a natural person or a group of natural persons organized in associations, as defined in Art. 2 para. 2 of Government Ordinance no. 21/1992 on consumer protection, republished, with subsequent amendments and additions – has the right to withdraw from the Contract and to return a Product purchased online (through a distance contract) within 14 calendar days, without giving any reason and without incurring any costs other than the direct costs of returning the products for which a return is requested.

 

Legal entities do not benefit from the provisions on contract withdrawal in accordance with the provisions of EGO no. 34/2014.

 

The withdrawal period from the Contract expires within 14 calendar days calculated from:

  • the day on which the consumer or a third party, other than the carrier and designated by the consumer, takes physical possession of the goods;
  • the day on which the consumer or a third party, other than the carrier and designated by the consumer, takes physical possession of the last Product – in the case where the consumer orders multiple products through a single Order which will be delivered separately;
  • the day on which the consumer or a third party, other than the carrier and designated by the consumer, takes physical possession of the last Product or the last piece – in the case of delivery of a Product consisting of multiple lots or pieces.
  • completing the online withdrawal form available on the B2C Website – https://www.micul-fermier.ro/conditii-de-retur;
  • sending the withdrawal form by post to the seller’s registered office;
  • sending, by any means chosen by the consumer, an unequivocal statement (for example, a letter, an email) expressing the decision to withdraw from the contract.

 

If the consumer decides to withdraw from the Contract, they must inform the Seller, before the expiry of the withdrawal period, of the decision to withdraw from the contract, through one of the following options:

 

The Products are non-conforming with the specifications on the website; the Products were erroneously delivered by the seller; the Products prove to be non-conforming within the warranty or validity period.

 

The 14 calendar day period mentioned above must be observed by the consumer; otherwise, the consumer will lose the right of withdrawal from the contract, as provided for by the provisions of EGO no. 34/2014.

 

In any situation where the unequivocal declaration of withdrawal is communicated or the aforementioned form is submitted duly completed, by post or to the email address, we will confirm receipt thereof by email, to the address provided at the time of placing the order.

 

The use of the aforementioned form is not mandatory, but is a recommendation for the optimal conduct of the return procedure.

 

The consumer returns the products within a maximum of 14 calendar days from the date on which they communicated to the Seller their decision to withdraw from the Contract. The deadline is met if the products are sent back by the consumer before the expiry of the 14 calendar day period.

 

The cost of return is NOT borne by the Seller; all direct costs related to the return of the products, including the transport cost, are borne by the consumer and are not refundable.

 

The Seller shall collect the products at its own expense if the products, by their nature, cannot normally be returned by post/courier.

 

The Seller shall refund all amounts received as payment from the Consumer, to the bank account indicated by the Consumer in the return form, within a maximum of 14 calendar days from the date on which the Seller is informed of the Consumer’s decision to withdraw from the Contract. The Consumer shall not bear any commission as a result of the refund.

 

The Seller shall not refund the additional delivery costs if the Consumer, at the time of purchase, explicitly chose a type of delivery other than the standard delivery offered by the Seller.

 

The Seller may delay the refund until the date of receipt of the Products or until the moment of receiving proof from the Consumer that the Products have been sent to the Seller, whichever date is earlier.

 

The Consumer is obligated, upon returning the Product, to also return any gifts that accompanied the respective Product, if applicable, as well as all its accessories.

 

The Consumer has the right to test and verify the purchased Products to the extent necessary to establish their nature, characteristics, and manner of operation. In this case, the Consumer is obligated to handle and inspect them in the same manner as would be permitted in a physical retail store.

 

The Consumer is responsible for any diminution in the value of the Products resulting from handling of the Product other than what is necessary for determining its nature, qualities, and functioning.

 

RETURN OF PRODUCTS FOR LACK OF CONFORMITY

 

The user may request the return of non-conforming products purchased in the following situations:

 

If the ordered product proves not to conform to the specifications in the offer presented on the website, the Consumer may request its return for replacement or a full refund of the amount paid. The costs of return and transport for the replacement product, if applicable, are borne by the Seller.

 

In the event that the Consumer opts for replacing the product with another product of a higher value, they shall pay the difference, and if the value of the replacement product is lower, the Consumer shall receive a partial refund, namely the difference between the original product and the replacement product.

 

The products delivered to the Consumer do not correspond in brand, category, or model with the product ordered by the User.

 

In the event that the Seller has erroneously delivered a product other than the one ordered by the Consumer, the Consumer shall report this as soon as possible in order to return the product and have it replaced with the correct one. All costs of return and transport of the correct product shall be borne by the Seller.

 

The Seller is liable to the consumer for any non-conformity that exists at the time of delivery of the goods and that is established within two years from that date.

 

In the event of non-conformity, the consumer has the right to have the goods brought into conformity, to benefit from a proportional reduction in price, or to obtain termination of the contract under the conditions provided by law.

 

In order for the goods to be brought into conformity, the consumer may choose between repair and replacement, except where the corrective measure chosen would be impossible or, in comparison with the other available corrective measure, would impose costs on the seller that would be disproportionate, taking into account all circumstances, including the following:

  1. the value of the goods if there had been no non-conformity;
  2. the severity of the non-conformity; or
  3. whether the alternative corrective measure could be carried out without significant inconvenience to the consumer.
  4. at no cost;
  5. within a reasonable period that cannot exceed 15 calendar days from the moment the seller was informed by the consumer about the non-conformity, which is established by mutual written agreement between the seller and the consumer, taking into account the nature and complexity of the goods, the nature and severity of the non-conformity, and the effort required to complete the repair or replacement;
    1. without significant inconvenience to the consumer, taking into account the nature of the goods and the purpose for which the consumer requested the goods in question.
      1. the seller refunds the consumer the amount of money by bank transfer.
  6. the consumer returns the goods to the seller, at the latter’s expense;
  7. the seller refunds the consumer the price paid for the goods upon receipt of the goods or of proof presented by the consumer that the goods have been returned;

 

The Seller may refuse to bring the goods into conformity if repair or replacement is impossible or would impose costs that would be disproportionate, taking into account all circumstances, including those mentioned above.

 

The consumer does not have the right to obtain termination of the contract if the non-conformity is minor.

 

Consumers benefit from replacement of the goods in cases where their non-conformity is established shortly after delivery, not exceeding 30 calendar days.

 

Repairs or replacements are carried out in compliance with the following conditions:

 

The price reduction is proportional to the diminution in value of the goods received by the consumer compared to the value the goods would have had if they had been in conformity.

 

In the event that the consumer obtains the termination of the sales contract under the conditions provided by law, in its entirety or in relation to some of the goods delivered under the sales contract:

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