Instructions on the right of withdrawal for consumers
Right of withdrawal
A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier has taken possession of the goods. To exercise your right of withdrawal, you must contact us
, by means of a clear declaration (e.g. a letter sent by post or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Consequences of withdrawal
If you withdraw from this contract, we will have given you all payments that we have received from you, including the delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
Model withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
– To [insert: name / company, address of the recipient of the revocation, e-mail address and, if available, the fax number]:
– I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)
– Ordered on (*) / received on (*)
– Name of the consumer (s)
– Address of the consumer (s)
– Signature of the consumer (s) (only if this is notified on paper)
(*) Delete where inapplicable.
Exclusion or premature expiry of the right of withdrawal
The right of withdrawal does not apply to contracts
– for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
– for the delivery of goods that can spoil quickly or whose expiration date would quickly be exceeded;
– for the delivery of alcoholic beverages, the price of which was agreed upon conclusion of the contract, but which can be delivered at the earliest 30 days after the conclusion of the contract and whose current value depends on fluctuations in the market over which the entrepreneur has no influence;
– for the delivery of newspapers, magazines or magazines with the exception of subscription contracts.
The right of withdrawal expires prematurely for contracts
– for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
– for the delivery of goods if they were inseparably mixed with other goods after delivery due to their nature;
for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.
The modalities mentioned in this section “Returns” are not a prerequisite for the effective exercise of the right of withdrawal in accordance with the section “Instructions on the right of withdrawal for consumers”.
Customers are asked to report the return to the seller before returning the product to Positive Medien und Webservice, 94560 Offenberg, phone 0991/20092954, email@example.com to announce the return. In this way, they enable the seller to assign the products as quickly as possible.
Customers are asked to send the goods back to the seller as a prepaid package and to keep the delivery receipt. The seller will reimburse the customer for the postage costs in advance, provided these are not borne by the buyer himself.
Customers are asked to avoid damaging or contaminating the goods. If possible, the goods should be returned to the seller in their original packaging with all accessories. If the original packaging is no longer in the buyer’s possession, another suitable packaging should be used in order to ensure adequate protection against transport damage and to avoid any claims for damages due to damage caused by inadequate packaging.
(Source: http://rechtsanwalt-schwenke.de )