5.1 Clauses 5.2 to 5.9 will only apply if you are a consumer.
5.2 Save where you do not have a right of withdrawal as per clause 5.8, you have a period of 30 days to withdraw from the contract, without giving any reason, and without incurring any costs other than those provided for in this clause 5. The withdrawal period will expire after 30 days from:
a. in the case of service contracts, the day of the conclusion of the contract;
b. in case of sales contracts for products, the day on which you or a third party other than the carrier and indicated by you acquires physical possession of the products, or:
i. in the case of multiple products ordered by you in one order and delivered separately: the day on which you or a third party other than the carrier and indicated by you acquires physical possession of the last product;
ii. in the case of a contract relating to delivery of a product consisting of multiple lots or pieces: the day on which you or a third party other than the carrier and indicated by you acquires physical possession of the last lot or piece;
iii. in the case of a contract for regular delivery of products during a defined period of time: on the day on which you or a third party other than the carrier and indicated by you acquires physical possession of the first product.
5.3 To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement. In regard to how you make your withdrawal statement please submit by choosing one of the following methods:
1. (Recommended) Visit your My BenQ Account and go to Order history to click return.
2. (Recommended) Contact BenQ by email and include the model withdrawal form* with all information entered, sent it in the contact formulary at https://www.benq.eu/en-eu/support/contact-us/email-us.html
3. Email BenQ Support with a return statement. Please do include in this email your Name, Order number, emailadress and which products you want to return.
4. If you have other questions please contact BenQ at https://www.benq.eu/en-eu/support/contact-us/email-us.html
* As customer you can use the model withdrawal form however this is not obligatory. The model withdrawal form is attached in clause 14 and can also be downloaded here. You may also electronically submit the model withdrawal form or any other unequivocal statement through the contact form on Site, in which case we will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium without delay. You shall have exercised your right of withdrawal within the withdrawal period if the communication concerning the exercise of the right of withdrawal is sent by you before that period has expired. The exercise of the right of withdrawal shall terminate the obligations of the parties: (a) to perform the contract; or (b) to conclude the contract, in cases where an offer was made by you. If you exercise your right of withdrawal, any ancillary contracts shall be automatically terminated.
5.4 If you withdraw from the contract, we shall reimburse to you all payments received from you, including, if applicable, the costs of delivery (with the exception of the supplementary costs if you have expressly opted for a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed of your decision to withdraw from this contract in accordance with clause 5.3. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise and provided you do not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the products back or until you have supplied evidence of having sent back the products, whichever is the earliest.
5.5 If you withdraw from the contract, you shall send back the products to BenQ. For instructions about returns please read them at www.benq.eu/en-eu/policy/shop-returns.html. Return the product/products, without undue delay and in any event not later than 14 days from the day on which you have communicated your decision to withdraw from the contract to us in accordance with clause 5.3. The deadline is met if you send back the products before the period of 14 days has expired. In consideration of risk of loss or damage of products as implied under clause 6.7, we recommend that you use the BenQ recommended carrier which allows tracking and monitoring of delivery status for your returns.For most efficient processing of your return we suggest to you start a return on BenQ Member Club. In case your product is delivered technically broken or damaged and if you want to only partially return please contact our support team directly. In case of damaged or broken product you obtain a return merchandize authorization (RMA) number prior to returning your product, by contacting our support team.
5.6 You shall only bear the direct cost of returning the products, if you choose the carrier not recommended by BenQ.You are only liable for any diminished value of the products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the products.
5.7 If you want the performance of services to begin during the withdrawal period provided for in clause 5.2(a) we require that you make an express request and that you acknowledge that you will lose your right of withdrawal once the service has been fully performed. If you exercise the right of withdrawal after having made such request but before the service has been fully performed, you shall be liable to pay us reasonable costs, consisting of an amount which is in proportion to what has been provided until the time you have informed us of the exercise of the right of withdrawal, in comparison with the full coverage of the contract. The proportionate amount to be paid by you to us shall be calculated on the basis of the total price agreed in the contract. If the total price is excessive, the proportionate amount shall be calculated on the basis of the market value of what has been provided.
5.8 In the following situations you do not have a right of withdrawal:
a. service contracts after the service has been fully performed if the performance has begun with your prior express consent, and with the acknowledgement that you will lose your right of withdrawal once the contract has been fully performed by us;
b. the supply of products made to your specifications or clearly personalised;
c. the supply of sealed products which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
d. the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery.
5.9 The burden of proof of exercising the right of withdrawal in accordance with this clause 5 shall be on you. Except as provided for in this clause 5, you shall not incur any liability as a consequence of the exercise of the right of withdrawal.
