right of withdrawal
Right of withdrawal
Unless there are exceptions, the user can revoke the contract within the period specified below (usually 14 days) without giving reasons. In this section, users can learn more about the cancellation policy.
To whom the right of withdrawal applies
According to EU law, European consumers have a statutory right of withdrawal for contracts that are concluded online (distance contracts). You can revoke the contract within the period applicable to your case for any reason and without justification. This right of withdrawal applies, provided no exceptions are listed below.
For users who are not acting as European consumers, the rights set out in this section do not apply.
Exercising the right of withdrawal
In order to exercise his right of withdrawal, the user must send the provider an unambiguous declaration from which his decision to withdraw.
For this purpose, users can use the model withdrawal form that they can find in the "Definitions" section of this document. However, the users are free to express their decision to withdraw their consent by means of an unambiguous declaration in a different, suitable manner. In order to meet the deadline for exercising this right, the user must submit the declaration of revocation before the revocation period has expired.
When does the withdrawal period expire?
When purchasing goods , the withdrawal period ends 14 days after the day on which the user or a third party nominated by him, who is not the carrier, comes into possession of the goods.
When purchasing several goods in one order , which are then delivered separately, the withdrawal period ends 14 days after the day on which the user or a third party named by him, who is not the carrier, comes into possession of the goods delivered last last batch or part.
Effects of withdrawal
Users who duly cancel a contract will be reimbursed all payments made to the provider, including delivery costs, if applicable.
However, the provider is not obliged to reimburse additional costs if the user has opted for a different type of delivery than the cheapest standard delivery offered by the provider.
The reimbursement will be made immediately, but no later than 14 days after the day on which the provider is informed of the user's decision to withdraw from the contract. The provider makes the repayment using the same means of payment that the user used for the original transaction, unless something else was expressly agreed with the user. In any case, the user will not incur any costs or fees as a result of the reimbursement.
... when buying goods
The user must return or hand over the goods immediately and in any case no later than 14 days from the day on which he informed the supplier of his decision to withdraw from the contract to the supplier or a person authorized by him to receive the goods, unless the provider has offered to collect the goods himself.
The deadline is met if the user hands over the goods to the carrier before the period of 14 days has expired or if the goods are otherwise returned as stated above. The provider can refuse the repayment until he has received the goods back or until the user has provided evidence that he has sent the goods back, whichever is earlier.
The user is only liable 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 condition, properties and functionality of the goods.
The supplier bears the costs for returning the goods.
Exceptions to the right of withdrawal
The right of withdrawal does not exist if
Goods are delivered that are manufactured according to customer specifications or that are clearly tailored to personal needs;
Sealed goods are delivered that are unsuitable for return for reasons of health or hygiene and the seal of which has been removed after delivery;
Example cancellation form
Weddorable Rehbach & Rehbach GbR Oberkasseler Strasse 125a 40545 Düsseldorf
I / we hereby inform you that I / we are withdrawing from my / our sales contract for the following goods / to provide the following service:
_____________________________________________ (description of the goods / services that are the subject of the revocation)
Ordered on: _____________________________________________ (insert date)
Received on: _____________________________________________ (insert date)
Name of consumer (s): _____________________________________________
Address of the consumer (s): _____________________________________________
(Signature, if this form is sent in paper form)