Terms & Conditions
SALE OF GOODS TERMS AND CONDITIONS
Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on +44 (0) 116 321 4960 Monday-Friday, 8.30am-5.30pm GMT.
1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are CWSEC Ltd a company registered in England and Wales under number 6048910 whose registered office is at 30 Nelson Street, Leicester, LE1 7BA with email address email@example.com; telephone number +44 (0) 116 321 4960; (the Supplier or us or we).
2. These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. By ordering any of the Services, you agree to be bound by these Terms and Conditions. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
3. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
4. Contract means the legally-binding agreement between you and us for the supply of the Goods;
5. Delivery Location means the Supplier's premises or other location where the Goods are to be supplied, as set out in the Order;
6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
7. Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
8. Order means the Customer's order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
10. Website means our website www.homeowner.hades-mc.com on which the Goods are advertised.
11. The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
12. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
13. All Goods which appear on the Website are subject to availability.
14. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
16. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
Basis of Sale
17. The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
18. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
19. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
20. Any quotation is valid for a maximum period of 28 days from its date, unless we expressly withdraw it at an earlier time.
21. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
22. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.
Price and Payment
23. The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
24. Prices are subject to relevant VAT, Taxes and import duties at the rate applicable at the time of the Order.
25. You must pay by submitting your Paypal details with your Order and we can take payment immediately or otherwise before delivery of the Goods.
26. We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
27. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
a. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
b. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
28. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
29. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.
30. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
31. If, we accept an Order for delivery outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands, you may need to pay import duties or other taxes, as we will not pay them.
32. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
33. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
34. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
35. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
36. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
Withdrawal, returns and cancellation
37. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
38. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:
a. goods that are made to your specifications or are clearly personalised;
b. goods which are liable to deteriorate or expire rapidly.
39. Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:
a. in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.
Right to cancel
40. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
41. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of goods over time (ie subscriptions), the right to cancel will be 14 days after the first delivery.
42. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post, fax or email). You can use the attached model cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.
43. You can also electronically fill in and submit the model cancellation form or any other clear statement of the Customer's decision to cancel the Contract on our website www.homeowner.hades-mc.com. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (eg by email to firstname.lastname@example.org) without delay.
44. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation in the cancellation period
45. Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of OUTBOUND delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). Buyer is responsible for return postage if cancellation is not due to a fault or defect with the product received.
Deduction for Goods supplied
46. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
Timing of reimbursement
47. If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
a. 14 days after the day we receive back from you any Goods supplied, or
b. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
48. If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
49. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
50. If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at CWSEC Ltd. Unit 3D Westbridge Industrial Estate, Duns Lane, Leicester, LE3 5LX without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.
51. For the purposes of these Cancellation Rights, these words have the following meanings:
a. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
b. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.
Conformity and Guarantee
52. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
53. Upon delivery, the Goods will:
a. be of satisfactory quality;
b. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
c. conform to their description.
54. It is not a failure to conform if the failure has its origin in your materials.
55. We will immediately, or within a reasonable time, give you the benefit of the free warranty given by the manufacturer of the Goods. Details of the warranty, including the name and address of the manufacturer, the duration and territorial scope of the warranty, are set out in the manufacturer's warranty document provided with the Goods. This warranty will take effect at the time the Goods are delivered, and will not reduce your legal rights.
56. We will provide the following after-sales service: The supplier will support the customer in installing and activating their new equipment via the UK technical helpline or by Emailing email@example.com.
Successors and our sub-contractors
57. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstances beyond the control of either party
58. In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery and any right to cancel, below.
59. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer's business, trade, craft or profession which would not be suffered by a Consumer - because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
Governing law, jurisdiction and complaints
60. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
61. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
62. We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 working days of receipt of complaint.
63. These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.co.uk).
Model cancellation Form to:
Signature of consumer(s) (only if this form is notified on paper)
SERVICE SUBSCRIPTION TERMS AND CONDITIONS
Hades Sump Monitor associated software - Terms of Service June 2016 – Version 1.1
The following are brand names of the Hades Sump Monitor and Control Ltd. and are subject to these Terms:
Hades Sump Monitor, Universal Monitor
PART A: Using our Service
1. You must follow any policies made available to you within the Service.
2. Do not misuse our Service, for example, do not interfere with our Service or try to access it using a method other than the interface and the instructions that we provide. You may use our Service only as permitted by law, including applicable export and control laws and regulations. We may suspend or stop providing our Service to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
3. Using our Service does not give you ownership of any intellectual property rights in our Service or the content that you access. You may not use content from our Service unless you obtain permission from us or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Service. Do not remove, obscure or alter any legal notices displayed in or along with our Service.
4. In connection with your use of the Service, we may send you service announcements, administrative messages and other information.
5. Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.
6. You will need an Account in order to use our Service. It is your responsibility to retain account information.
7. The Hades Sump Monitor associated software (The Service) is specifically designed to notify you if we detect a problem in your sump or a problem with the wifi connection or power supply required to run that sump and the Hades Sump Monitor.
8. The service relies on us being able to contact you (or others that you nominate) if we detect a problem. You must therefore ensure that your nominated telephone numbers are switched on, powered and suitably loud, so that we may contact you either by text message or by calling at any time of the day or night. Without a means of us being able to contact you the service cannot be provided to you. It is your responsibility to ensure we can contact you by SMS or by calling and that you will review all service notifications we send you.
9. It is also your responsibility to provide us with accurate contact information. If any information you provide us is inaccurate we may not be able to contact you and may not be able to provide you with the service.
Our Warranties and Disclaimers
10. We provide our Services using a commercially reasonable level of skill and care and we hope that you will benefit from using them. But there are certain things that we do not promise about our Services. Other than as expressly set out in these terms or additional terms, neither we nor our suppliers or distributors makes any specific promises about the Service. For example, we do not make any commitments about the Service, the specific functions of the Service or their reliability, availability, accuracy or ability to meet your needs. We provide the Services “as is”. Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.
Liability for our Services
11. When permitted by law, we will not be responsible for lost profits, revenues or data, financial losses or indirect, special, consequential loss, exemplary or punitive damages. To the extent permitted by law, the total liability of Hades Monitor & Control (UK) Ltd and its suppliers and distributors for any claims under these terms, including for any implied warranties, is limited to the amount that you paid us to use the Service or hardware (or, if we choose, to supplying you with the Services and / or hardware again).
12. In all cases, Hades Monitor & Control (UK) Ltd and its suppliers and distributors will not be liable for any loss or damage that is not reasonably foreseeable, nor any consequential loss howsoever caused.
13. We recognise that in some countries, you might have legal rights as a consumer. If you are using the Services for a personal purpose, then nothing in these terms or any additional terms limits any consumers’ legal rights which may not be waived by contract.
Business uses of our Services
14. If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Hades Monitor & Control (UK) Ltd and its affiliates, officers, agents and employees from any claim, action or proceedings arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, judgements, litigation costs and legal fees.
About these Terms
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll advise you of modifications to these terms on this page. Changes will not apply retrospectively and will become effective no earlier than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service. If there is any inconsistency between these terms and the additional terms, the additional terms will prevail to the extent of the inconsistency.
These terms govern the relationship between us, the Company and you. They do not create any third-party beneficiary rights. If you do not comply with these terms and we do not take action immediately, this does not mean that we are waiving any rights that we may have (such as taking action in the future). If it transpires that a particular term is not enforceable, this will affect no other terms of the agreement.
In certain countries, Courts will not apply UK law to certain disputes. If you reside in one of those countries where UK law is excluded from application, your Country’s laws will apply to such disputes related to these terms. Otherwise, you agree that the laws of the UK will apply to any disputes arising out of or relating to these terms or the Services. Similarly, if the courts in your country will not permit you to consent to the jurisdiction and venue of the courts in the UK, then your local jurisdiction and venue will apply to such disputes related to these terms. Otherwise, all claims arising out of or relating to these terms or the services will be litigated exclusively in the UK, and you and Hades Monitor & Control (UK) Ltd consent to personal jurisdiction in those courts.
PART B: Applicable Terms
The Hades Sump Monitor associated software is a service provided by Hades Monitor & Control (UK) Ltd. (“Hades Monitor & Control (UK) Ltd”, “we” or “us”), located at Unit 3D Westbridge Industrial Estate , Duns lane , Leicester. LE3 5LX, and is subject to the Hades Monitor & Control (UK) Ltd Terms of Service. The Hades Sump Monitor associated software is a “Service”, Your use of the Hades Sump Monitor associated software and the digital content available on it is subject to these Terms of Service which we refer to as the “Terms”.
Your use of the Hades Sump Monitor associated software requires that you agree to the following terms. Please read them carefully. If you do not understand the Terms or do not accept any part of them, then you should not use the Hades Sump Monitor.
15. Basic Use Requirements To use the Service, you will need a Device that meets the system and compatibility requirements for the relevant Content, which may change from time to time, working Internet access and compatible software. Your ability to use the Service and the performance of the Service may be affected by these factors. Such system requirements are your responsibility.
16. Third-Party Fees You may incur access or data fees from third parties (such as your Internet provider or mobile carrier) in connection with your use of the Service. You are responsible for all such fees.
17. Updates You may need to install updates that we introduce on various occasions. Content originating from us may communicate with your device and the Hades Sump Monitor from time to time to check for available updates to the content and to the functionality of the Monitor, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). Your use of the service requires that you have agreed to receive such automatically requested Updates. If you do not agree to such automatically requested and received Updates then please do not use the Hades Sump Monitor
19. Unauthorised Access to Accounts You must keep your user details secure and must not share them with anyone else.
20. Disabled Accounts If we disable access to your account in accordance with the Terms (for example if you violate the Terms), you may be prevented from accessing Hades Sump Monitor Associated Software, your account details or any files or other Content that is stored with your account. Please see section entitled Rights and Restrictions below for your rights where you are not able to download Content before your account is disabled.
21. Purchases and Payments Your contract for the purchase and use of the service is completed once you receive the email from us confirming your purchase and performance of this contract begins as soon as the purchase is complete.
22. Payment Processing Methods We may make available to you various payment processing methods to facilitate the use of Hades Sump Monitor associated software. You must abide by any relevant terms and conditions or other legal agreement, that governs your use of a given payment processing method. We may add or remove payment processing methods at our sole discretion and without notice to you. Once your purchase is complete, we or our payment processor may charge your credit card or other form of payment that you indicate for the service, along with any additional applicable amounts (including any taxes). You are solely responsible for all amounts payable.
23. Pricing Pricing and availability of the service are subject to change at any time
24. Taxes You are responsible for any Taxes, and must pay for the service without any reduction for Taxes.
25. Compliance with Tax Laws You must comply with any and all applicable tax laws, including the reporting and payment of any taxes arising in connection with your use of the service. The reporting and payment of any such applicable taxes are your responsibility.
26. All Sales Final Except as expressly set forth in the Terms all sales are final, and no other returns, replacements or refunds are permitted. If a replacement, return or refund is granted for any transaction, the transaction may be reversed, and you may no longer be able to access the service that you acquired through that transaction. Your rights to withdraw, cancel or return purchases and get a refund are set out in these terms
27. Subscriptions At the end of any trial period, you will be charged the price of the first period of the subscription and will continue to be charged until you cancel your subscription. To avoid being charged, you must cancel before the renewal date.
28. Cancellations If you purchase an auto-recurring periodic subscription (whether monthly, annual or another period), you may cancel that subscription at any time before the end of the applicable billing cycle, and the cancellation will apply to the next period. For example, if you purchase a monthly subscription, you may cancel that subscription at any time during any month of the subscription, and the subscription will be cancelled as of the following month. You will not receive a refund for the current billing period, except in the event of a defective product (as set forth in Rights and Restrictions section below), or as otherwise set forth in these Terms.
29. Price Changes When you purchase a subscription, you will initially be charged at the rate applicable at the time of your agreement to subscribe. If the price of the subscription increases later, we will notify you. The increase will apply to the next payment due from you after the notice, provided that you have been given at least 10 days' prior notice before the charge is made. If you are given less than 10 days' prior notice, the price increase will not apply until the payment after the next payment due.
30. Declining Price Changes If you do not wish to pay the increased price for a subscription, you may cancel the subscription and you will not be charged further amounts for the subscription, provided you have notified us before the end of the current billing period. if your subscription is cancelled and you later decide to re-subscribe, you will initially be charged at the then current subscription rate.
Rights and Restrictions
31. License to Use Content Following payment of the applicable fees, you will have the non-exclusive right, for the period selected by you in the case of a purchase to access the Hades Sump Monitor associated software user interface and subject to the restrictions set forth in the Terms and associated policies, copies of the applicable Content to your Devices, and to view, use, and display the Content on your Devices. All rights, title and interest in the service not expressly granted to you in the Terms are reserved by us.
32. Violation of Licence Terms If you violate any of the terms and conditions of the Terms, your rights under this licence will immediately terminate and we may terminate your access to the service and your account without refund to you.
33. Sale, Distribution or Assignment to Third Parties You may not sell, rent, lease, redistribute, broadcast, transmit, communicate, modify, sublicense or transfer or assign any part of the service to any third party without authorisation.
34. Security Features You may not attempt to, nor assist, authorise or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption, that protect, obfuscate or otherwise restrict access to the service. If you violate any security feature, you may incur civil or criminal liability.
35. Proprietary Notices You may not remove any watermarks, labels or other legal or proprietary notices, and you may not attempt to modify the service, including any modification for the purpose of disguising or changing any indications of the ownership or source of the service.
36. Defective Service Once the service is available to you through your account, you should check it as soon as reasonably possible to ensure that it downloads or streams correctly (as applicable) and performs as stated, and notify us as soon as reasonably possible if you find any errors or defect. Subject to any limitations in the additional terms for the specific service below, you may cancel purchases you have made from us if we do not perform as stated with respect to that purchased service or refund the purchase price. If we provide you a refund, the refund of your purchase price shall be your sole remedy.
37. Effect of Refunds If a refund of the purchase price for any reason is issued to you, you will no longer have the right to access the service.
38. Dangerous Activities The Service is not intended for use in the operation of nuclear facilities, life support systems, emergency communications, aircraft navigation or communication systems, air traffic control systems or any other such activities in which case the failure of the Services could lead to death, personal injury or severe physical or environmental damage.
39. Changes to these Terms If the Terms change, you will be asked to accept new terms before you next purchase. Once you have accepted the new terms, they will apply to your use of the service and all subsequent purchases, until we notify you of further changes. If you refuse to accept the updated terms then you will not be able to subscribe further and the latest version of the Terms that you accepted will continue to apply to your use of the service for the remainder of your current subscription.
Expiry of Withdrawal Right
Under the law you have an automatic statutory right of withdrawal from contracts for purchases of digital content, which includes purchases of the service. However, when you make a purchase of the service you agree that the service will be available to you immediately, and you acknowledge that as a result you waive your automatic statutory right of withdrawal.