Common use of WITHDRAWAL FROM CONTRACT Clause in Contracts

WITHDRAWAL FROM CONTRACT. The seller is allowed to withdraw from the contract if the delivery of goods becomes impossible, also in case the seller, after an order confirmation, discovers, in a credible way, certain facts that may lead them to believe that goods offered do not meet the legal conditions for their sale on the market or do not meet proper safety requirements, or the goods that the seller has available start showing proof of defect not caused by the seller, when the seller is not able to deliver the goods in its minimum regular quality. Regardless of other statuary and contractual reasons, the seller is entitled to withdraw from the contract if: the buyer provided the seller with incorrect information about their creditworthiness, stops their payments or partial payments, insolvency meetings have been commenced against the buyer, or economic conditions deteriorate so much, that it is unreasonable to ask the seller to be bound by the contract. Should the consumer buyer make a contract via a website, outside of premises of the seller, they are allowed regardless of any other statutory and contractual reasons to withdraw from the contract without giving a reason within fourteen days of the delivery of goods. The buyer can use a template form to realize their right to withdraw from the contract, the template is available for download on the seller’s website. There are other instructions informing the buyer of their rights of withdrawal. After completing and sending the form of withdrawal, it will be confirmed by the seller without any unnecessary delays. After the withdrawal, the consumer buyer will, without delays, send or hand over delivered goods, the latest within fourteen days from the date of withdrawal proposal. The buyer covers any costs connected to the returning of the goods when applying for their withdrawal rights. If the goods delivered, do not correspond with the goods ordered, the costs for the return of goods are covered by the seller. Should the consumer buyer withdraw from the contract because of a reason on the seller’s part, the seller will, without unnecessary delay, return all funds with shipping costs included, that they have received previously on account of the contract, in the same way. The seller is not obliged to return the funds to the buyer until the goods are delivered back to the seller or there’s has already been provided with a proof of them being shipped by the consumer buyer. There is no right of withdrawal when custom made goods are concerned, or when goods are impossible to send back.

Appears in 1 contract

Samples: Purchase Agreement

AutoNDA by SimpleDocs

WITHDRAWAL FROM CONTRACT. The seller is allowed to withdraw from the contract if the delivery of goods becomes impossible, also in case the seller, after an order confirmation, discovers, in a credible way, certain facts that may lead them to believe that goods offered do not meet the legal conditions for their sale on the market or do not meet proper safety requirements, or the goods that the seller has available start showing proof of defect not caused by the seller, when the seller is not able to deliver the goods in its minimum minimal regular quality. Regardless of other statuary and contractual reasons, the seller is entitled to withdraw from the contract if: the buyer provided the seller with incorrect information about their creditworthiness, stops their payments or partial payments, insolvency meetings have been commenced against the buyer, or economic conditions deteriorate so much, that it is unreasonable to ask the seller to be bound by the contract. Withdrawal from contract – consumer buyer: Should the consumer buyer make a contract via a website, outside of premises of the seller, they are allowed regardless of any other statutory and contractual reasons to withdraw from the contract without giving a reason within fourteen days of the delivery of goods. The buyer can use a template form to realize their right to withdraw from the contract, the template is available for download on the seller’s website. There are other instructions informing the buyer of their rights of withdrawal. After completing and sending the form of withdrawal, it will be confirmed by the seller without any unnecessary delays. After the withdrawal, the consumer buyer will, without delays, send or hand over delivered goods, the latest within fourteen days from the date of withdrawal proposal. The buyer covers any costs connected to the returning of the goods when applying for their withdrawal rights. If the goods delivered, do not correspond with the goods ordered, the costs for the return of goods are covered by the seller. Should the consumer buyer withdraw from the contract because of a reason on the seller’s part, the seller will, without unnecessary delay, return all funds with shipping costs included, that they have received previously on account of the contract, in the same way. The seller is not obliged to return the funds to the buyer buyer, until the goods are delivered back to the seller or there’s has already been provided with a proof of them being shipped by the consumer buyer. Withdrawal from contract – commercial buyer: Delay of delivery on the seller’s part is considered an irrelevant breach of contract. However, should the seller fail to deliver the goods even in a new period that was agreed upon, then the commercial buyer is entitled to withdraw from the contract, this withdrawal has to be in writing and must be delivered to the seller. The commercial buyer is not authorized to withdraw from the contract for the reason of delay on the part of the seller, if they have received a message informing them that the fulfillment of obligations, has already been sent to their address. In case the goods are delivered in a packaging, that has been destroyed by the commercial buyer, and the goods can no longer be sold as new, the seller is entitled to a compensation for the devaluation of goods where the amount of impairment is determined as the difference between the Purchase price at which the goods were sold at and the Purchase price at which goods may be sold as used. There is no right of withdrawal when custom made goods that have been manufactured according to the buyer’s specifications are concerned, or when goods are impossible to send back. To specify the term “according to the buyer’s specifications”, those are goods delivered to the customer, not mentioned in the catalogue or are marked with an “S” in it.

Appears in 1 contract

Samples: Purchase Agreement

WITHDRAWAL FROM CONTRACT. The seller is allowed to withdraw from the contract if the delivery of goods becomes impossible, also in case the seller, after an order confirmation, discovers, in a credible way, certain facts that may lead them to believe that goods offered do not meet the legal conditions for their sale on the market or do not meet proper safety requirements, or the goods that the seller has available start showing proof of defect not caused by the seller, when the seller is not able to deliver the goods in its minimum regular quality. Regardless of other statuary and contractual reasons, the seller is entitled to withdraw from the contract if: the buyer xxxxx provided the seller with incorrect information about their creditworthiness, stops their payments or partial payments, insolvency meetings have been commenced against the buyer, or economic conditions deteriorate so much, that it is unreasonable to ask the seller to be bound by the contract. Should the consumer buyer make a contract via a website, outside of premises of the seller, they are allowed regardless of any other statutory and contractual reasons to withdraw from the contract without giving a reason within fourteen days of the delivery of goods. The buyer can use a template form to realize their right to withdraw from the contract, the template is available for download on the seller’s website. There are other instructions informing the buyer of their rights of withdrawal. After completing and sending the form of withdrawal, it will be confirmed by the seller without any unnecessary delays. After the withdrawal, the consumer buyer will, without delays, send or hand over delivered goods, the latest within fourteen days from the date of withdrawal proposal. The buyer covers any costs connected to the returning of the goods when applying for their withdrawal rights. If the goods delivered, do not correspond with the goods ordered, the costs for the return of goods are covered by the seller. Should the consumer buyer withdraw from the contract because of a reason on the seller’s part, the seller will, without unnecessary delay, return all funds with shipping costs included, that they have received previously on account of the contract, in the same way. The seller is not obliged to return the funds to the buyer until the goods are delivered back to the seller or there’s has already been provided with a proof of them being shipped by the consumer buyer. There is no right of withdrawal when custom made goods are concerned, or when goods are impossible to send back.

Appears in 1 contract

Samples: Purchase Agreement

AutoNDA by SimpleDocs

WITHDRAWAL FROM CONTRACT. The seller is allowed to withdraw from the contract if the delivery of goods becomes impossible, also in case the seller, after an order confirmation, discovers, in a credible way, certain facts that may lead them to believe that goods offered do not meet the legal conditions for their sale on the market or do not meet proper safety requirements, or the goods that the seller has available start showing proof of defect not caused by the seller, when the seller is not able to deliver the goods in its minimum regular quality. Regardless of other statuary and contractual reasons, the seller is entitled to withdraw from the contract if: the buyer xxxxx provided the seller with incorrect information about their creditworthiness, stops their payments or partial payments, insolvency meetings have been commenced against the buyer, or economic conditions deteriorate so much, that it is unreasonable to ask the seller to be bound by the contract. Should the consumer buyer make a contract via a website, outside Delay of premises of delivery on the seller’s part is considered an irrelevant breach of contract. However, they are allowed regardless of any other statutory and contractual reasons should the seller fail to withdraw from deliver the contract without giving goods even in a reason within fourteen days of new period that was agreed upon, then the delivery of goods. The commercial buyer can use a template form to realize their right is entitled to withdraw from the contract, the template is available for download on the seller’s website. There are other instructions informing the buyer of their rights of withdrawal. After completing this withdrawal has to be in writing and sending the form of withdrawal, it will must be confirmed by the seller without any unnecessary delays. After the withdrawal, the consumer buyer will, without delays, send or hand over delivered goods, the latest within fourteen days from the date of withdrawal proposal. The buyer covers any costs connected to the returning of the goods when applying for their withdrawal rights. If the goods delivered, do not correspond with the goods ordered, the costs for the return of goods are covered by the seller. Should the consumer buyer The seller is entitled to withdraw from the contract because of delay with the payment of the purchase price or as a result of the repeated failure of the buyer to cooperate in the delivery of the goods, in which case the seller›s right to compensation is not affected. The commercial buyer is not authorized to withdraw from the contract for the reason of delay on the seller’s part, part of the seller will, without unnecessary delay, return all funds with shipping costs included, that if they have received previously on account a message informing them that the fulfilment of the contractobligations, in the same wayhas already been sent to their address. The seller is not obliged to return the funds to the buyer until In case the goods are delivered back to in a packaging, that has been destroyed by the buyer, and the goods can no longer be sold as new, the seller or there’s has already been provided with is entitled to a proof compensation for the devaluation of them being shipped by goods where the consumer buyeramount of impairment is determined as the difference between the purchase price at which the goods were sold at and the purchase price at which goods may be sold as used. There is no right of withdrawal when custom made goods that have been manufactured according to the buyer’s specifications are concerned, or when goods are impossible to send back.

Appears in 1 contract

Samples: Purchase Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!