Terms, conditions and penalty
Although all operators have their specific conditions on the website or in the signed contract, there are a number of characteristics that are common to all. It is mandatory that they allow you to do so within 14 calendar days from the signing of the contract. And you must always fill out a form with your data to be able to process this process. Generally We will find the document or form on the web of each operator and we must fill in our DNI, names, address …
What do we get like this? Give up what we’ve signed. We will not go ahead with the contract and we may contract with another operator, for example. Or continue with ours if they have made us a better offer and that we do not want to reject. But there are a number of things that we must take into account and that we will tell you in the following sections.
What should you keep in mind?
Many operators do not allow you to simply sign the withdrawal and cancel the contract, but it is possible that you have done so and have found yourself with the surprise of an extra charge. You have up to fourteen days to regret it, but these days are not always put into practice, but we usually find installation charges. For example, they have done the installation of the fiber and finally you request the withdrawal. The operator, in many cases, can charge you a penalty for that installation. It is a common practice. You contract, you give up and they charge you 100 or 200 euros because this penalty is not charged for canceling the contract but for having made an installation that you are not going to use now. For having “used” time and equipment on something that they are not going to benefit from.
That is to say, Are they going to charge you? You can cancel it if you regret it the next day, after two or three days. The problem comes in these cases when they make us an installation and we want to give up. The company usually has a “fine print” in which they will charge you for the costs of using the router, for example, or installing it in your home. And this means that, in many cases, we end up deciding to stay and not canceling the contract so as not to pay 150 or 200 euros for “nothing”.
Right of withdrawal: What the law says
The consumer law includes the right of withdrawal. A right that gives the consumer or user the possibility to “leave without defect” the contract concluded as long as notified within the established period and there is no need to justify the decision. Also, there is no penalty for the user. We can read it in the Royal Legislative Decree 1/2007 for the Defense of Consumers and Users…
Article 68. Content and regime of the right of withdrawal
- The right of withdrawal from a contract is the power of the consumer and user to terminate the contract concluded, thus notifying the other contracting party within the period established for the exercise of that right, without the need to justify their decision and without penalty of any kind. Clauses that impose a penalty on the consumer and user for exercising their right of withdrawal will be null and void.
- The consumer will have right to withdraw from the contract in the cases provided for by law or by regulation and when it is recognized in the offer, advertising promotion or in the contract itself.
- The right of withdrawal legally attributed to the consumer and user will be governed first by the legal provisions that establish it in each case and, failing that, by the provisions of this Title.
In the following articles we can read other details such as the term of the right, the obligation to inform or the formalities to exercise it. Among the conditions we read that It must be reported in writing in a clear, understandable and accurate manner. We must also bear in mind that the minimum term is fourteen calendar days and that it should not involve any expense whatsoever for the consumer or the user.
Legal conditions of the main operators
What does our operator say? We can look at the details of our contract but we can also look at the conditions of the different operators there are companies to know what the fine print says. So we can know the specific characteristics: how much they will charge us if we do not return the equipment, they may or may not charge us for the installation, etc.
In Orange
You have the right to withdraw from this contract within a period of 14 calendar days without the need for justification. The withdrawal period will expire 14 calendar days from the day it was made. To exercise the right of withdrawal, you must notify us of your decision to withdraw from the contract through an unequivocal statement by calling the telephone number 1470 if you are a residential client or 1471 if you are a self-employed client or SME, where we will indicate the steps to follow. If you wish, you can also send us the model withdrawal form that appears below, although its use is not mandatory. To meet the withdrawal period, it is enough that the communication regarding the exercise by you of this right is made / sent before the corresponding period expires.
But Orange collects a number of consequences in their legal terms about payments, prices or penalties.
In the event of withdrawal on your part, we will refund all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the less expensive delivery method). that we offer) without any undue delay and, in any case, no later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract. We will proceed to make said reimbursement using the same means of payment used by you for the initial transaction, unless you have expressly provided otherwise; In any case, you will not incur any expenses as a result of the reimbursement.
We must bear in mind that Installation can cost us money even if we decide to give up:
Additionally, in case of withdrawal, Orange may claim the costs of management and installation of the equipment delivered or installed at your home, which are reasonable and incurred as a result of your request for hiring, including this amount or its determination in the current offer at all times.
On Vodafone
Within a period of 14 days from the withdrawal, we will refund any cost you have incurred, including the cost of the device, if applicable, by bank transfer provided that the device has been received in the warehouse and meets the following conditions:. 1. It must be in perfect condition in its original box, including all its accessories: eg charger, battery, manual, etc. Protect it using another packaging (box or transport bag), in which you must write the return number that we have assigned you in the call you make, exercising your right of withdrawal. In the event of damage to any of the device’s components compared to those delivered by Vodafone, Vodafone reserves the right to charge the customer for the costs derived from such damage.
But beware…
“We inform you that, if the provision of the service begins during the withdrawal period, Vodafone and / or Vodafone Servicios SLU may charge an amount proportional to the part of the service provided or other expenses established in the Contract in which there is incurred Vodafone, until the moment of withdrawal “
In Movistar
On the Movistar website we can also find, in the customer service section, a website where you can download all the withdrawal documents for the different services: fixed, fixed and mobile equipment, services, from Movistar Home. In addition, you will find them in Spanish, Catalan, Galician and Basque. Here we also find information on the exercise of the right of withdrawal. It can be done in writing or by calling phone 1004. In writing we must deliver it to a Movistar store or send it by portal mail. The conditions say the following:
“In the event that you withdraw, we will refund all payments received (price of the product, plus shipping costs, if any) no later than 14 calendar days from the date you inform us of your withdrawal. To do this, we will use the same means of payment used for the initial transaction, unless you have expressly provided otherwise. If you contract services that begin to be provided during the withdrawal period, in case of such, you will pay TELEFÓNICA an amount proportional to the part of the service already provided at the time you have communicated your withdrawal as well as, where appropriate, the corresponding to the installation carried out or other expenses incurred by TELEFÓNICA established in the withdrawn contract “
What if we have received devices?
“If you have been given a terminal, any type of device or good, you must return it, without any undue delay and, in any case, within 14 calendar days from the date you notify us of your decision to withdraw. To do this, contact 1004 or follow the instructions on the withdrawal form. In any case, you will be responsible for the return costs, except if TELEFÓNICA had offered you a free form of return ”.
That is, you must return it and pay the return price in most cases. In addition, they explain, it must be returned in perfect condition or compensate the operator for possible component damage since “the client will be responsible for the decrease in the value of the goods that results from handling other than that necessary …”