GENERAL TERMS & CONDITIONS

 

Foreword

These general terms and conditions of sale shall apply to all transactions between:

Lavunett, a French "société par actions simplifiée" with a capital of 1,000 Euro registered on the Paris register of companies and trades under the SIREN number 853866358, the headquarters for which is located at 66 avenue des Champs-Elysées, 75008 Paris, represented by Erdem Kemal Bulut  as President,

Email: hello@lavunett.com

Hereafter referred to as 'Lavunett'.

and

Any natural person who acts as an individual or as a representative of a legal entity visiting or carrying out, via the www.lavunett.com website which is the property of Lavunett, purchase of products via the www.lavunett.com website.

Hereinafter "customer"

By placing an order via the website www.lavunett.com you indicate that you have read and accepted these general terms and conditions.

The www.lavunett.com website is an online retail space, the customer recognizes being perfectly informed of the fact that his/her agreement regarding the content of these terms and conditions of sale does not require the handwritten signature of this document.

The customer is invited to save and print these terms and conditions of sale, which are binding between the parties.

The customer declares that he/she is over the age of 18 and has the full legal capacity to commit to these terms and conditions and thus enter into contracts under French law.

Help us

Email: hello@lavunett.com

 

1 – Purpose

The purpose of these general terms and conditions of sale is to define the rights and obligations of both parties in remote transactions involving the products offered for sale via the online retail function of the website www.lavunett.com, from the placing of orders through to after-sale service and guarantees, and including payment and delivery.

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2 - Application of these general terms and conditions of sale

The version of these general terms and conditions of sale which shall apply to the customers is the version displayed on the website at the time their order is placed.

Historical versions of these general terms and conditions of sale are archived by Lavunett.

These general terms and conditions of sale may be updated or deleted at any time.

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3 - Availability of the website

The website www.lavunett.com, or access to one or more of the site's services such as the online retail function, may be temporarily or permanently closed without warning without the customer is eligible for any compensation whatsoever as a result of such closures.

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4 - Products

4.1 Availability

The products offered for sale by Lavunett, namely reading glasses, corrective or non-corrective sunglasses, corrective or non-corrective screen glasses and ski masks, are those that appear on the website www.lavunett.com at the time of the customer consulting the website.

Products are offered for sale subject to available stock. Although the stock is displayed in real-time on the website www.lavunett.com, a product may be missing (inventory error or other). Under these conditions, Lavunett undertakes to inform the customer via any means at its convenience as soon as possible after the order is placed.

In this case, Lavunett may, in agreement with the customer, organize a new delivery date in accordance with its restocking. Where no agreement can be reached or it is impossible to make the ordered product available, Lavunett will proceed to reimburse the amount paid by the customer within a maximum of 10 days, with the latter not being entitled to any compensation.

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4.2 Information/guarantees

Utmost care is taken to ensure that, before any orders are placed, information is made available online concerning the essential characteristics of the products offered for sale, as well as the available payment and delivery methods. Nevertheless, there may be minor variations in the product's appearance in relation to the accompanying photographs, as long as such variations do not affect the product's essential characteristics. These variations will under no circumstances engage Lavunett's contractual liability.

An online dioptre test is presented during the preliminary stages of placing an order. This test is not intended to replace a visit to an eye care professional and will not engage Lavunett's liability in the event of inappropriate use by the customer.

The information presented on the website www.lavunett.com in no way exempts customers of their responsibility to consult all other information relating to products or provided on products or their packaging materials (user instructions, cleaning instructions...).

Damaged or altered products should not be used (scratches etc.).

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4.3 Use of these products

Customers must undertake to use products for their intended purpose only and to abide by the instructions contained in the user guide to ensure that this is the case.

Lavunett cannot accept any liability for misuse of its products, particularly useful for anything other than its intended purpose.

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5 - Price

Order prices for all products are provided in a dedicated section of the online sales portal.

The prices are displayed in Euro, US dollars or Pounds Sterling depending on the delivery country.

The indicated prices take into account the possible discounts applicable at the time of order, they correspond to:

- Prices inclusive of all taxes (the value-added tax is that which is applicable in French territory) for deliveries in mainland France, Corsica and Monaco, and any other country in the European Union in which the e-commerce franchise threshold has not been exceeded.

- Prices inclusive of all taxes (the value-added tax is that which is applicable in the territory of delivery) for deliveries in any European Union countries in which the e-commerce franchise threshold has been exceeded.

- Prices excluding taxes, for deliveries in Switzerland and in any country outside of the European Union. In these countries, they may be subject to possible customs taxes and duties that are imposed when the parcel reaches its destination. These possible customs taxes and duties are the responsibility of the customer. Lavunett is not required to inform the customer of their amount, or of their existence.

The prices indicated on the website are guaranteed at the time of the order while stocks last unless there are significant modifications to charges and in particular VAT, and unless there is an obvious typographical error or omission.

These prices do not include, unless otherwise specified, postage costs, which will be added to the sale price during the order placement process and before the customer confirms his/her order.

When the customer receives confirmation of his/her order by email, the total cost of each order (price + postage costs) will be indicated in Euros.

Product sale prices do not include the communication fees associated with the use of the online sales service, which remain payable by the customer.

Lavunett reserves the right to change its prices at any time. Nevertheless, products will be invoiced using the prices in force at the time the order is placed.

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6 – Orders

6.1 Placing an order

The order process comprises the following steps:

Step 1: Place items in the basket.

Step 2: The information communicated by the customer within the framework of opening his/her customer account or when placing his/her order must be complete, accurate and up to date. Failing this, Lavunett will not be able to process orders correctly. If the customer does not wish to communicate such information, Lavunett will not be able to respond favorably to his/her order.

Step 3: Consult the general terms and conditions of sale.

Step 4: Accept the general terms and conditions of sale by ticking the box 'I accept the general terms and conditions of sale" (box ticked by default)

Step 5: Confirm the order by clicking on the "Confirm my order" button with payment obligation.

The customer will receive confirmation of his/her order via email.

All orders placed by the customer via this process imply full and irrevocable acceptance of the present terms and conditions.

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6.2 Order confirmation

In accordance with the applicable regulations, the contractual information will be subject to confirmation in due course and at the latest at the time of delivery, via email at the email address indicated by the customer on the purchase order.

This confirmation message will include the following information:

• details of the products

• the order reference number

• the total value of the order (price + shipping fees)

It is the customer's responsibility to keep the contractual information in the medium of his/her choosing.

Lavunett reserves the right to refuse orders if payment authorization is not successful, if the address provided is wrong or if any other problem should arise with the customer's account. In this case, Lavunett will inform the customer of this via email.

Orders will only be considered definitive when:

• Payment of the full amount by the customer;

• Lavunett confirms the availability of the products in question, this verification is performed as soon as possible following the email confirming the reception of the order placed by the customer.

For the placing of orders, the working hours are from Monday to Thursday from 09:00 to 12:30 and from 14:00 to 18:00, and Friday from 09:30 to 12:30 and from 14:00 to 16:00 (French time) and excluding public holidays. In general, any order placed before 12:00 is shipped on the same day, except in the event of force majeure. Additional delays are those applied by transport partners.

The order may be canceled in the 5 minutes following the order confirmation and only during the working hours by sending an email to hello@lavunett.com  any saved order cannot be modified.

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7 – Payment

7.1 Payment options

The payment is carried out online by bank card either via PayPal or via the Lavunett partner bank. Delivery documents will be placed inside the package containing the products ordered.

An order will only be considered definitive once the buyer has confirmed it by paying the corresponding price.

For bank card payments made via the website, Lavunett uses the secure payment service provided by our banking partners. All information transmitted from the www.lavunett.com to the payment system is systematically encrypted in order to ensure confidentiality. All payments made by bank card via the website are processed immediately.

You can also pay via credit card if your bank offers this service. Your bank will thus provide you with a virtual bank card number allowing you to complete your purchase on our website.

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7.2 Payment problems

If customers should fail to pay the order price in full, with no legitimate reason for this non-payment and recovery proceedings are deemed necessary (collection agency, lawyers or bailiffs), after notification by regular post all costs incurred by Lavunett with such professionals will be payable by the customer, plus a 40 Euro fixed recovery charge which shall in no way absolve the customer of the responsibility to pay all recovery fees in full.

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7.3 Transfer of ownership

The delivered product remains the property of Lavunett until full and actual payment is received from the customer. If customers fail to pay for their orders, Lavunett will be entitled to demand the return of the products in question.

The transfer of risks of loss or deterioration to the customer occurs on the delivery date of the product, meaning the reception of the product by the customer.

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7.4 Home Try-On

Lavunett offers a free, four day Home Try-On program to help you pick your perfect frames. You may choose four frames (which are sent with non-prescription lenses) to try on at home for a four-day period (the “Try-On Period”). If the Try-On Period ends and any of the frames have not been placed in the mail, or the frames are returned damaged, we may charge your credit card for the full amount of each pair of frames that are missing or damaged, as explained in more detail on our FAQ. By submitting your Home Try-On order, you authorize Lavunett to charge your card, and you agree to all other terms of our Home Try-On program explained on our FAQ. Currently, our Home Try-On program is only available to customers who live in France.

 

8 - Delivery conditions and time

8.1 Preparation of orders

In general, any order placed before 12:00 is shipped on the same day, except in the event of force majeure. Additional delays are those applied by transport partners.

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8.2 Delivery times

Products orders by customers will be delivered within a maximum of 30 to 14 working days of the order confirmation and its payment.

In the event that the product is not available, Lavunett undertakes to inform the customer as soon as possible so that the customer can be reimbursed quickly and at the latest 14 days of the payment of amounts paid.

In the event of a foreseeable delay in delivery, Lavunett shall undertake to inform the customer as soon as possible by any suitable means, allowing hiù/her to decide whether to continue with the affected order or wholly or partially cancel it.

Lavunett can under no circumstances be held liable or responsible for the consequences of events beyond its control, particularly cases of force majeure or other unforeseen circumstances that might delay or prevent delivery of the products ordered.

In the event of non-compliance with the above period increased by 7 days, the customer may cancel his/her order by sending a registered letter with acknowledgement of receipt to the address of the headquarters indicated at the top of these terms and conditions. The cancellation will only be taken into account by Lavunett if the shipping or the delivery has not taken place between the sending and receiving of said letter. The customer will be reimbursed at the latest within 14 days following the receiving of the registered letter by Lavunett.

Lavunett reserves the right to choose the transporter and guarantees the smooth flow of products.

WARNING: if a parcel is returned to the sender for non-compliant or incorrect delivery address provided by the customer, Lavunett reserves the right to reinvoice the customer for the re-delivery fees. In this case, if the parcel is once again returned to the sender, it will not be sent to the customer again and the amount corresponding to this order, including the possible additional delivery fees, will be acquired by Lavunett.

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8.3 Delivery inspection

Lavunett guarantees that all delivered products correspond to the essential characteristics described on the website www.lavunett.com, and are fit for their stated purpose.

The customer shall be responsible for checking the state of the packaging and the conformity of the products delivered, and to note any reservation on the transporter's delivery slip.

 

8.4 Shipping fees
Lavunett offers “standard” shipping under the conditions and for the countries of its choice. Standard delivery is offered for the following countries: France, Luxembourg, Italy, Portugal, Netherlands, Germany, Belgium, Austria, Spain, United Kingdom.

Lavunett reserves the right to modify its delivery policy under the conditions and for the countries of its choice at any time.

Lavunett reserves the right to apply delivery and return charges for countries not covered by the free delivery. Return charges will be withdrawn from the amount to be refund to the Client after reception and quality check of the product.

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8.5 Shipping company

Lavunett has the choice of the shipping company.

The time periods may be extended notably during holiday periods.

Lavunett is not liable for the additional taxes and service fees applied by certain countries. customers are responsible for possible restrictions, duties, taxes and other fees collected by the destination country, before placing an order. Lavunett will not be responsible for any duties, taxes or customs fees under any circumstances.

If the order arrives in the country and:

• The customer refuses the parcel

• No delivery attempt is made in the destination country to deliver the parcel

So Lavunett reserves the right to abandon said parcel and will not be liable for any reimbursement.

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9 - Guarantees

All products sold by Lavunett benefit from the legal guarantee of conformity established in articles L. 217 - 4 et seq. of the French consumer code, and the guarantee against hidden defects established in articles 1641 et seq. of the French civil code.

Under no circumstances can Lavunett be held responsible for:

• Defects resulting from inappropriate, incorrect use or misuse of the product by the customer

• Normal wear and tear and aging of the product

• • A lack of maintenance or care

• Negligence or accidents

• Alteration of the product by the customer or a third party

• Non-compliance with the instructions contained in the user guide to ensure that this is the case.

• Any manipulation of Lavunett products by an unauthorized person (for example for the replacement of the lenses, hinges or other repairs)

Scratches on the lenses of Lavunett products, as well as any defect resulting from handling by a third party, are expressly excluded from the guarantees referred to above.

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9.1 Conformity guarantee

The customer:

• benefits from a period of two years from the delivery of the product to act;

• benefits from the replacement or reimbursement of the product, subject to the cost conditions established in article L 217-9 of the French consumer code;

• is exempt from providing the proof of a lack of conformity when delivering the product, within the twenty-four months following the delivery of the product;

To benefit from this guarantee, the customer must provide proof of the purchase date of the product.

The legal guarantee shall be due by the seller (the retailer), and not by the manufacturer or the supplier (Lavunett) of the product.

This guarantee:

• is independent of any guarantee provided by the seller and for which he/she carries sole responsibility

• does not impact any purchaser’s rights against the seller, or any other compulsory legal rights the purchaser may have.

For purchases made on the www.lavunett.com website, the customer will implement this guarantee by informing the Lavunett customer service team of the lack of conformity via email, at the following address: hello@lavunett.com

 

9.2 Guarantee against hidden defects 

In addition, Lavunett is legally obliged to guarantee products against hidden defects which render them unfit for their stated purpose, or diminish their usefulness to the point that the buyer would not have purchased the items, at least not at the agreed price, if these defects had been known.

The customer benefits from a period of two years from the discovery of the defect to act;

In the event of the implementation of the guarantee against hidden defects of the sold item, the customer may choose between the reimbursement or the replacement of said product.

To benefit from this guarantee, the customer must provide proof of the purchase date of the product.

The customer shall claim this guarantee by informing the Lavunett customer service team of the hidden defect via email at the following address: hello@lavunett.com

 

9.3 Consideration of the customer request

Lavunett undertakes, regarding the customer's request, to replace the product or reimburse the customer. In the event of a cost difference between the 2 options, Lavunett shall opt for the cheapest solution.

During a return due to a defect, Lavunett reimburses the shipping costs upon presentation of corresponding supporting documents and in any case under the prices in force. The refund will be made in proportion to the price of the product over the entirety of the order.

The stipulations of this article do not prevent the customer from benefiting from the right of withdrawal established in article 10.

 

10 - Right to withdraw

In the application of Article L 221-18 et seq. of the French Consumer Code, the customer has a period of fourteen days following delivery of his/her order in which he/she may withdraw from the transaction.

If the customer uses this right to withdraw, the return of the product must be carried out at the latest fourteen days following his/her decision to withdraw, at his/her expense and in the original packaging and condition, meaning with no evidence of excessive handling (no significant damage to the original packaging or the product, cleaned lenses, labels product flyers and glasses packaging included) and accompanied by the delivery note.

The customer exercises his/her right to withdraw by informing Lavunett of his/her decision to withdraw via his/her online customer account by following the steps below:

• Go to the "My account > My returns" section of the customer space. In the event that the customer has not created an account on www.lavunett.com, he/she is obligated to go to his/her "Guest Tracking" in order to change his/her account to be able to carry out to online return request. The Guest Tracking link can be found in the shipping confirmation email.

• Select the order relating to the return request, enter the products to be returned then confirm the return request.

• Put the products to be returned and the delivery note in the original packaging, and close it carefully.

• Go to the shipping company of his/her choice to return the package to the following address, with the return costs at his/her expense.

The customer bears all shipping risks. Lavunett shall not be liable in the event of loss, theft or lateness of the delivered product. The burden of proof of return lies with the customer.

Products that have been damaged by excessive handling (visibly tarnished, damaged, returned incomplete, worn, missing labels ...) will not be accepted for return. Postage costs for returns will be borne by the customer.

In the event of exercising this right to withdraw, by means of the withdrawal form given here as Appendix 1, the customer is entitled to request reimbursement of the product(s) returned as well as the delivery costs incurred, unless if the order was partially returned.

The Internet user may not request a refund for the return fees he/she has incurred.

If the customer would like a substitution product, he/she may place an order directly on the website and return the original item so that Lavunett may initiate a refund, the processing time is faster and the cost of shipping borne by the Internet user in all cases.

Thereupon, Lavunett undertakes to reimburse the Internet user within a maximum period of 14 days from the earliest event between the actual return of the product and the sending by the customer of the proof of shipping, directly via the means of payment used.

Any order returned without notification will not be processed.

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11 - Protection of personal data

Lavunett confidentiality and personal data policy is available here. 

The information gathered by the website upon purchase, particularly details submitted via forms, is required to process orders and will be passed on to the sub-contractor(s) responsible for processing orders, including the courier firm and/or the relevant authorities in the event of a dispute between Lavunett and the customer. The data collected during purchasing cannot be used for other purposes, notably for commercial prospection, without the express and prior consent from the customer.

The customer's banking data will not be stored after purchase, unless the customer has agreed to it being saved on his/her customer account In any case, the cryptogram is never stored by Lavunett.

The customer has the right to access, modify, correct and delete all personal information concerning him/her specifically. To exercise this right, the customer should write to Lavunett's customer service department at the email address hello@lavunett.com or the postal address provided at the head of these general terms and conditions.

12 - Computing, files, and personal information law

Internet users have free faculty to provide personal information about themselves. Providing personal information is not compulsory to browse on the site. Nevertheless, registration on the present site implies the gathering, by the publisher, of several personal information about internet users. The internet users not wishing to provide the information needed for the use of the services offered by the present site as well as, if need be, essential to the creation of a personal space, will not be able to use the services provided by the publisher of the present site, or place an order on the present site.

In the event of an order on the present site, the information related to the collection of payment data, including the credit card number and its use for commercial identification purposes is subject to the consent of the person concerned, through the various forms offered on the present site. The data gathered are necessary for the proper administration of the services offered on the present site as well as to the respect of its contractual obligations by the publisher. These data are stored by the publisher in this unique quality, and the publisher undertakes not to use them in another context, or communicate them to third parties, except for the users express agreement or cases statutory.

The contact details of all the users registered on the present site are stored for a period of one year, a reasonable period of time, necessary to the proper administration of the site and to normal use of the data. These data are kept in secure conditions, according to the current means of the art. In accordance with the latter, the internet users have the right to object, query, access and modify the data they have provided. To do so, they simply need to make a request to the customer service of the present site at hello@lavunett.com. The personal data collected are subject to technical processing and are reserved exclusively to the editor of the site. The process manager is Mr. Erdem Kemal Bulut, whose contact details are shown at the top of these terms and conditions.

The personal data collected are not transferred abroad. In addition, the publisher reserves the right to collect the IP (Internet Protocol) address of all internet users. This IP address will be gathered anonymously and will be retained the same amount of time as the duration of the personal information will be, and will only be used to allow a proper administration of the services offered on the present site. The IP address is a series of numbers separated by dots, allowing the unique identification of a computer on the Internet.

The publisher will have to communicate all personal data related to an internet user to the Police (on court order) or to anyone. (on judge’s demand) The IP address of your computer may be the subject of similarity with the actual identity subscriber owned by ISP. (Internet Service Provider)

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13 - Intellectual property

All elements belonging to Lavunett, such as the website, brands, names, drawings, models, images, sound and video clips, texts, photos, logos and graphic charter, this list not being exhaustive, are the exclusive property of Lavunett.

These general terms and conditions of sale do not confer upon the Customer any rights whatsoever over the intellectual property belonging to Lavunett.

Lavunett gives customers the non-exclusive, personal and non-transferable right to access this site for purposes consistent with the terms and conditions set out herein. Any other use will be considered as an infringement of copyright, punishable under the applicable intellectual property laws.

The customer is forbidden to jeopardize, directly or indirectly, Lavunett's property rights and is forbidden from using the names, brands or logos in any way. The customer shall undertake to respect all of Lavunett's rights and refrain from creating any analogy in the minds of the public for any reason whatsoever.

Hyperlinks leading to the homepage or any other pages of the website www.lavunett.com are only permitted if consent has been sought and obtained from Lavunett, and must be removed immediately upon request.

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14 - Liability

Under no circumstances can Lavunett be held responsible for failure to fulfill its obligations as a result of unforeseen events and/or incidents of force majeure as generally defined by the law and the French courts, or for other reasons beyond the company's control.

In any case, Lavunett's liability is limited to the price of the product sold unless otherwise specified in a mandatory legal provision.

Furthermore, and within the boundaries of the applicable regulations, Lavunett cannot be held liable for any direct or indirect immaterial damage incurred as a result of accessing our website or misuse of our products as defined in the article on "Use of Products," particularly when the products in question are covered by usage restrictions.

It is also recalled that hypertext links placed on www.lavunett.com may redirect the user to other websites the content of which remains under the sole responsibility of the owners of these websites.

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15 – Unforeseeable circumstances

The criteria used to determine events of force majeure / unforeseen circumstances will be those generally used by the French courts and tribunals.

Lavunett's obligations will be wholly or partially suspended in the event of an incident of force majeure / unforeseen circumstances that delay or prevent the execution of these obligations.

Lavunett will inform customers of all cases of force majeure / unforeseen circumstances within fourteen days of the incident. In the event that this suspension continues beyond a period of fifteen days, the customer will thus be able to terminate the order in progress, and the refund would then be carried out under the conditions set out above.

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16 - Wholeness

In the event that any of the clauses contained in this contract should be rendered null and void by a change in legislation or regulations, or by a legal ruling, this shall in no way affect the validity or applicability of the remainder of these general terms and conditions of sale.

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17 - Duration

These terms and conditions shall apply for as long as the services in question are offered online by Lavunett.

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18 - Proof

Digital records, stored on the servers of Lavunett or those of our hosting providers, will be considered as proof of all communications, orders, and payments between the two parties, notwithstanding any other evidence to the contrary.

 

APPENDIX 1

RETURN FORM FOR ONLINE PURCHASE

 

To the attention of Lavunett SAS located at 66 Avenue des Champs-Elysées 75008 Paris, registration No. 853866358, email: hello@lavunett.fr.

 

I / we (*) hereby notify you (*) of my / our (*) cancellation of the contract for the sale of the product below:

 

Ordered on (*) / received on (*):

 

Name of the consumer (s):

 

Address of the consumer (s):

 

Signature of the consumer (s) (only in case of notification of this form on paper):

 

Date:

 

(*) Delete useless mentions.