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In the event that you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), i.e. make the purchase for purposes that cannot be attributed primarily to your commercial or independent professional activity, you have a right of withdrawal in accordance with the following provisions.
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal 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. In order to exercise your right of withdrawal, you must contact us
Tel. 0162 365 7147
by means of a clear statement (e.B. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form, but this is not mandatory. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including delivery costs (with the exception of the additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without undisclosed and at the latest within fourteen days from the day on which we receive notification of your revocation of this contract.
For this refund, we will use the same means of payment that you used for the original transaction, unless you have expressly agreed otherwise; under no circumstances will you be charged any fees for this repayment. We may refuse the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You have the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the revocation of this contract, to us or to ... to be returned or handed over. The deadline is met if you send the goods before the expiry of the period of fourteen days.
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 for checking the nature, characteristics and functioning of the goods.
The right of withdrawal does not apply to the delivery of goods that are not prefabricated and for the manufacture of which an individual choice or destination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (e.B. TShirts with your photo and your name), in the case of 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 or in the case of delivery of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery.
(2) Please avoid damage and contamination. If possible, please return the goods to us in their original packaging with all accessories and all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please provide sufficient protection against transport damage with appropriate packaging in order to avoid claims for damages due to damage caused by defective packaging.
(3) Please call us before returning.In this way, you enable us to assign the products as quickly as possible.
(4) Do not send the goods back to us as a franked package.
(5) Please note that the modalities set out in the preceding paragraphs 2 and 4 are not a prerequisite for the effective exercise of the right of withdrawal.
(1) If goods are delivered with obvious transport damage, please complain to the delivery company immediately and contact us as soon as possible.
(2) Failure to make a complaint or contact has no consequences for your statutory warranty rights. However, they help us to assert our own claims against the carrier or the transport insurance company.
(1) Unless expressly agreed otherwise, your warranty claims are governed by the statutory provisions of the Sales Law (Section 433 et seq. of the German Civil Code).
(2) If you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), the limitation period for warranty claims for used goods - deviating from the statutory provisions - is one year. This limitation does not apply to claims arising from damage resulting from injury to life, body or health or from the violation of an essential contractual obligation, the fulfilment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligation) as well as for claims due to other damages, which are based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.
(3) In addition, the statutory provisions apply to the warranty.
(4) If you are an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), the statutory provisions with the following modifications apply:
- Only our own information and the manufacturer's product description are binding for the quality of the goods, but not public advertisements and statements and other advertising by the manufacturer.
- You are obliged to inspect the goods immediately and with due care for quality and quantity deviations and to notify us of obvious defects within 7 days from receipt of the goods.
The timely dispatch is sufficient to meet the deadline. This also applies to hidden defects found later on from detection. In the event of a breach of the obligation to investigate and complain, the assertion of warranty claims is excluded.
- In the event of defects, we shall at our option provide warranty by rectification or replacement delivery (subsequent performance). In the event of repair, we do not have to bear the increased costs incurred by the transfer of the goods to a place other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
- If the subsequent performance fails twice, you can demand a reduction at your choice or withdraw from the contract.
- The warranty period is one year from delivery of the goods.
(1) Unlimited liability: We are liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. We are liable for slight negligence in the event of damage resulting from injury to the life, body and health of persons.
(2) In the rest of the world, the following limited liability applies: In the event of slight negligence, we shall only be liable in the event of a breach of an essential contractual obligation, the fulfilment of which enables the proper execution of the contract in the first place and on whose compliance you may regularly rely (cardinal obligation). Liability for slight negligence is the amount according to the
limited to the foreseeable damages at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability also applies to the benefit of our vicarious agents.
(1) Should one or more provisions of these General Terms and Conditions be or become ineffective, this shall not affect the validity of the remaining provisions.
(2) Only German law applies to contracts between us and you, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
(3) If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising out of or in connection with contracts between us and you shall be the place of jurisdiction.
Based on a pattern of
Copyright: HÄRTING Lawyers, www.haerting.de, firstname.lastname@example.org
Chausseestraße 13,10115 Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4
Click here to "print" the withdrawal form!