If the buyer is a ‘consumer’ as defined in Article 6:230g of the Dutch Civil Code, the buyer can cancel the purchase agreement with regard to the purchase of the (unborn) foal/embryo via the online auction of GDA during a reflection period of a maximum of 14 calendar days without stating reasons, based on the legal right of withdrawal of article 6: 230o et seq. of the Dutch Civil Code. The vendor may ask the buyer for the reason for the withdrawal, but cannot oblige him to state his/her reason(s).The reflection period as referred to in this paragraph, starts on the day after the buyer, or a by the buyer in advance designated third party, who is not the transporter, has physically received the purchased (unborn) foal/embryo in case the (unborn) foal / embryo does not stay with the vendor after the auction, or the day after the buyer and vendor have agreed under Article 3: 115 sub a of the Dutch Civil Code that the vendor has started keeping the purchased (unborn) foal/embryo for the buyer in case the (unborn) foal/embryo stays with the vendor.If the buyer makes use of the statutory right of withdrawal, the buyer must notify the vendor and GDA of this in an unambiguous written manner within the reflection period. As soon as possible, but within 14 calendar days from the day following the buyer’s notification, the buyer will have the purchased (unborn) foal/embryo transported to the vendor, or the buyer hands the purchased (unborn) foal / embryo to the vendor. This is not necessary if the vendor has offered to collect the purchased (unborn) foal embryo himself. The buyer has in any case observed the return period if he returns the purchased (unborn) foal / embryo before the reflection period has expired.
The buyer returns the purchased (unborn) foal/embryo with all supplied belongings and, if provided, In accordance with the reasonable and clear instructions of the vendor.
The risk and the burden of proof for the correct and timely execution of the right of withdrawal lies with the buyer.
The costs associated with the return are at the expense of the buyer.
During the reflection period and the return, the buyer will handle the purchased (unborn) foal/embryo with care and according to the instructions of the vendor, if provided.
If the buyer makes use of the legal right of withdrawal, all additional agreements will be dissolved by operation of law.
The vendor pays the purchase price (including any costs made for the delivery to the buyer) back to the buyer, without delay but within 14 calendar days following the day on which the buyer notifies the withdrawal. Unless the vendor offers to collect the purchased (unborn) foal/embryo himself, the vendor may delay paying back until he has received the purchased (unborn) foal/embryo back.
The vendor uses the same payment method that the buyer used for reimbursement, unless the buyer agrees to another method. The refund is free of charge for the buyer.
If the buyer has opted for a more expensive method of delivery than the cheapest standard delivery, the vendor does not have to refund the additional costs for the more expensive method.
This section only applies to the purchase of a (unborn) foal/embryo bought by a consumer buyer through an online auction.