A consumer is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed.
You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the date on which you or a third party named by you, who is not the carrier, has taken possession of the goods. In order to exercise your right of withdrawal, you must send us positive media and web service, Daniel Nusime, Eschenanger 14, 94560 Offenberg, phone 0991/20092954, firstname.lastname@example.org, by means of a clear statement (eg a letter sent by mail or e-mail). Mail) about your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required. In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation
If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we will use the same means of payment as you used in the original transaction, unless expressly agreed otherwise with you; In no case will you be charged for this repayment fees. We may refuse to repay you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days.
You bear the immediate costs of returning the goods.
You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.
Model withdrawal form
(If you want to revoke the contract, please fill in this form and send it back.)
– To [insert: name / company, address of the revocation addressee, e-mail address and, if available, the fax number]:
– hereby revoked (i) I / we (*) 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 when notified on paper)
(* ) Delete what is incorrect.
Exclusion or premature termination of the right of withdrawal
The right of withdrawal does not apply to contracts
– to the supply of goods that are not prefabricated and for the manufacture 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 which can spoil quickly or whose expiry date would quickly be exceeded;
– for the supply of alcoholic beverages, the price of which was agreed at the time of the conclusion of the contract, but which can be delivered no earlier than 30 days after conclusion of the contract and whose actual 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 in 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 supply of goods, if, due to their nature, they were inseparably mixed with other goods after delivery;
for the delivery of sound or video recordings or computer software in a sealed package, when 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 Art. the section entitled “Instructions on the right of withdrawal for consumers”.
Customers are requested to return the item to the seller prior to return Positive Media and Web Service, Daniel Nusime, Eschenanger 14, 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 requested to return the goods as prepaid packages to the seller and to keep the receipt. Upon request, the seller will reimburse the customer for the postage costs, unless they are to be borne by the buyer.
Customers are requested to avoid damage or contamination of 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 purchaser’s possession, other suitable packaging should be used to provide adequate protection against transport damage and to avoid any claims for damages due to defective packaging.
(Source: http://rechtsanwalt-schwenke.de )