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Directive 2011/83/EU of the European Parliament and of the CouncilShow full title
Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (Text with EEA relevance)
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Article 11Exercise of the right of withdrawal
1.Before the expiry of the withdrawal period, the consumer shall inform the trader of his decision to withdraw from the contract. For this purpose, the consumer may either:
(a)use the model withdrawal form as set out in Annex I(B); or
(b)make any other unequivocal statement setting out his decision to withdraw from the contract.
Member States shall not provide for any formal requirements applicable to the model withdrawal form other than those set out in Annex I(B).
2.The consumer shall have exercised his right of withdrawal within the withdrawal period referred to in Article 9(2) and Article 10 if the communication concerning the exercise of the right of withdrawal is sent by the consumer before that period has expired.
3.The trader may, in addition to the possibilities referred to in paragraph 1, give the option to the consumer to electronically fill in and submit either the model withdrawal form set out in Annex I(B) or any other unequivocal statement on the trader’s website. In those cases the trader shall communicate to the consumer an acknowledgement of receipt of such a withdrawal on a durable medium without delay.
4.The burden of proof of exercising the right of withdrawal in accordance with this Article shall be on the consumer.
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