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You buy a product online and pay for it (in part) with ecocheques. Eventually, you wish (by virtue of your right of withdrawal) to cancel the sale. Can the seller then oblige you to agree to a refund through a voucher?<\/em><\/p>\n Contrary to what some online sales platforms impose on you, this is not the case.\u00a0<\/strong><\/p>\n 1. Online sales: a distance sale<\/p>\n An online purchase by a consumer is a distance sale. After all, it is a sale in the context of a organized system<\/strong> for remote sales or services, without simultaneous physical presence<\/strong> of the company and the consumer, whereby only<\/strong> uses one or more techniques for communication remotely<\/strong> (telephone, Internet, catalog, etc.), up to and including the moment the contract is concluded. The purchase through a website thus falls within the legal framework of distance purchases.<\/p>\n 2. Special consumer protection: the right of withdrawal<\/p>\n The Economic Law Code provides (only) for the consumer<\/strong> in a special regulation\/protection in a distance sale (Art. VI.45 et seq. WER).<\/p>\n a) Revocation within 14 calendar days<\/p>\n This special protection includes, among other things, the consumer's right to withdraw from the contract within a period of 14 calendar days (Art. VI.67 WER \u00a71). The consumer must inform the company of his wish to withdraw from the contract within this period.<\/p>\n (b) The starting point of the withdrawal period<\/p>\n The starting point of the withdrawal period depends on the type of contract. We limit ourselves here to the online sale of goods.<\/p>\n The withdrawal period begins to run from the day following the day on which the consumer, or the third party designated by the consumer, takes physical possession of the good. Where the contract relates to various goods<\/strong>, or on goods composed of different shipments or components<\/strong> (though part of the same order), the period begins to run from receipt of , either the last good, or the last shipment, or the last part.<\/p>\n c) Practical exercise of the right of withdrawal<\/p>\n The consumer must inform the company, before the expiration of the withdrawal period of 14 calendar days, of his desire to withdraw from the contract. In principle, a unequivocal statement<\/strong> showing clearly the decision to withdraw from the contract. The consumer further has a model withdrawal form<\/strong>which must be completed and signed (art. VI.69, \u00a71 WER). Finally, the company may also provide a withdrawal form or statement on its website (art. VI.69, \u00a73 WER). The company must then immediately provide the consumer with a receipt<\/strong> communicate. 3. Consequences of exercising the right of withdrawal<\/p>\n By exercising the right of withdrawal, the consumer puts an end to the contract. Except for the costs provided for in Book VI of the Code of Economic Law (Art. VI.70 \u00a7 2 and 71 WER) (in limited cases a reduction in value; direct costs of return); ... no further costs are due.<\/p>\n The end of the agreement means (1) a return of the goods<\/strong> (art. VI.71, \u00a71 WER), by the consumer, and (2) a reimbursement of sales price<\/strong> (Art. VI.70 WER) by the company. With regard to the latter, the proverbial shoe often pinches.<\/p>\n (a) Reimbursement of the sales price by the same means of payment<\/p>\n The company must refund all payments received (including delivery costs) without delay and in any case within 14 days from the day it is informed by the consumer. The company must reimburse the consumer using the same means of payment that the consumer used when making the original purchase, unless the consumer has expressly agreed to a different means of payment and provided that the reimbursement does not incur any cost to the consumer.<\/p>\n Should the consumer, who paid with ecocheques, accept to receive a voucher? Often the reason for the withdrawal is precisely the consumer's decision to no longer deal with the company in question. Forcing the consumer to accept a voucher would detract from this... The answer is no.<\/p>\n (b) Exception: express agreement to another means of payment<\/p>\n The Article VI.70, \u00a7 1, 2nd paragraph WER states that the consumer must \"expressly\" agree that he will be reimbursed with a means of payment other than the one he himself used for payment.<\/p>\n What if the company, in its terms and conditions, prescribes consent to another means of payment, and the consumer agrees to these terms and conditions before he can complete his purchase? 'Expressly'<\/strong> assumes that this may not simply be included in the general terms and conditions. If a company were to include in the general terms and conditions that the refund will be made by credit, this in fact involves an \"automatic\" consent. Such practice is contrary to the law and detracts from the consumer's fundamental right to receive a refund in case the right of withdrawal is exercised.<\/p>\n c) Special case: payments with eco-cheques<\/p>\n In case the original purchase was made by means of ecocheques, it should be noted that ecocheques are a very specific \"means of payment. Only recognised organisations<\/strong> may issue eco-vouchers (Royal Decree Oct. 12, 2010, establishing the recognition conditions and recognition procedure for issuers of meal or eco-vouchers in an electronic form, implementing articles 183 and 185 of the law of Dec. 30, 2009, containing various provisions).<\/p>\n If the company is not recognized as an issuer of eco-vouchers, the consumer - who exercises his right of withdrawal and who paid with eco-vouchers - is entitled to a cash refund, and the consumer cannot be obliged to agree to a voucher.<\/p>\n If you wish to cancel an online purchase, and as a consumer you are required to agree to accept the refund of your purchase price by means of a voucher, speak to the seller about this.<\/p>\n If no solution can be reached, we are always at your service.<\/p>\n You can always contact us at info@bannister.be or by calling 03.369.28.00 \u00a0\u00a0<\/p>\n Mr. Christophe VAN MECHELEN & Mr. Lore VEYT<\/p>\n April 16, 2020<\/em><\/p>","protected":false},"excerpt":{"rendered":" Herroeping online aankoop en de gevolgen indien U betaalde met ecocheques U koopt een product online en betaalt dit (deels) met ecocheques. Uiteindelijk wenst u (op grond van uw herroepingsrecht) de verkoop te annuleren. Kan de verkoper u dan verplichten in te stemmen met een terugbetaling door middel van een tegoedbon? In tegenstelling tot wat […]<\/p>\n","protected":false},"author":1,"featured_media":11456,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[1],"tags":[],"class_list":["post-2526","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-alles"],"acf":[],"_links":{"self":[{"href":"https:\/\/www.bannister.be\/en\/wp-json\/wp\/v2\/posts\/2526","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.bannister.be\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.bannister.be\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.bannister.be\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.bannister.be\/en\/wp-json\/wp\/v2\/comments?post=2526"}],"version-history":[{"count":6,"href":"https:\/\/www.bannister.be\/en\/wp-json\/wp\/v2\/posts\/2526\/revisions"}],"predecessor-version":[{"id":13194,"href":"https:\/\/www.bannister.be\/en\/wp-json\/wp\/v2\/posts\/2526\/revisions\/13194"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.bannister.be\/en\/wp-json\/wp\/v2\/media\/11456"}],"wp:attachment":[{"href":"https:\/\/www.bannister.be\/en\/wp-json\/wp\/v2\/media?parent=2526"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.bannister.be\/en\/wp-json\/wp\/v2\/categories?post=2526"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.bannister.be\/en\/wp-json\/wp\/v2\/tags?post=2526"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
The burden of proof<\/strong> of withdrawal lies with the consumer. It is thus recommended that the revocation be in writing or traceable, for example, by e-mail or post. (art. VI.69, \u00a74 WER).<\/p>\n