Guidance on the right of cancellation for consumers
A consumer is a natural person who enters into a legal transaction for a purpose that overwhelmingly does not involve acting within the framework of a commercial or other independent professional activity.
Right of cancellation
You have the right to cancel this contract within fourteen days, without giving a reason. The cancellation period is fourteen days from the date on which you or a third person named by you, other than the carrier, took possession of the goods. To exercise your right to cancel, you must ([insert: name/company, address of the party to which the cancellation is being sent, phone number, email address and, if available, the fax number. You can also use the shortcode for it and input the address in Settings DE.]) inform us of your decision to withdraw from this contract, by means of a clear statement to that effect (for example, a letter sent by post, fax or email). You may use the attached template cancellation form, however, the use of it is not mandatory. In order to meet the cancellation deadline, it is sufficient that you send your communication detailing your wish to make use of your right of cancellation before the cancellation period ends.
Consequences of cancellation
If you withdraw from this contract, we will reimburse all payments that we have received from you, including the delivery costs (with the exception of additional costs arising from you having chosen a type of delivery other than the cheapest standard delivery option offered by us), immediately and, at the latest, within fourteen days from the date on which we received the notification of your cancellation of this contract. For this repayment, we use the same method of payment that you used for the original transaction, unless something else was explicitly agreed with you; under no circumstances will you be charged fees for this repayment. We may withhold reimbursement until we have received the goods that are to be returned or until you have demonstrated that you have returned the goods, whichever is the earlier. You must return the goods or make them available to us immediately and, under no circumstances, later than fourteen days from the date on which you informed us of your cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days is over. You carry the direct cost of returning the goods. You shall only be liable for any diminished value of the goods resulting from any handling other than what is necessary to ascertain the nature, characteristics and functioning of the goods.
Template cancellation form
(If you want to cancel the contract, please fill out this form and send it back to us.)
– To [insert: name/company, address of the party to which the cancellation is being sent, email address and, where available, the fax number]:
– I/we* hereby give notice that I/we* withdraw from my/our* contract of sale of the following goods*/provision of the following service*
– Ordered on*/received on*
– Name of consumer(s)
– Address of consumer(s)
– Signature of consumer(s) (only if this form is notified in writing, on printed paper)
– Date —————————————
*Delete as appropriate.
Exclusion of, or premature expiration of the right of cancellation
The right of cancellation does not apply to contracts for:
– The delivery of goods that are not prefabricated and that have been manufactured to customer specifications or that have clearly been tailored to the personal requirements of the customer;
– The delivery of goods that, due to their nature are easily perishable or would very soon be past their expiration date;
– The supply of alcoholic drinks, for which the price has been agreed upon at the time of the conclusion of the sales contract with a delivery, at the earliest, 30 days after the conclusion of the sales contract and with an actual value being dependent on fluctuations in the market which cannot be controlled by the trader;
– The supply of newspapers, periodicals or magazines, with the exception of subscription contracts.
The right of cancellation expires early for contracts for:
– The supply of sealed goods which are not suitable for return unsealed after delivery, for reasons of health or hygiene;
– The supply of goods that, after delivery, due to their nature, are mixed inseparably with other goods;
– The delivery of audio or video recordings or computer software in a sealed package, where the seal was removed after delivery.
The rules in this section “Returns” are not a requirement for the effective exercise of the right of cancellation as detailed in the section “Guidance on the right of cancellation for consumers”. Customers are asked to contact the vendor before starting the returns process [complete: telephone number and/or email address and/or contact page]. Doing so enables the vendor to assign the products in the fastest possible way. Customers are asked to send the goods back to the vendor as a prepaid package and to keep the mailing receipt. On request, the vendor will refund the customer the cost of postage in advance, unless they are to be borne by the customer. Customers are asked to avoid causing damage to, or allowing contamination of the product. Goods should, as far as possible, be returned to the vendor in their original packaging and with all accessories. If the customer is no longer in possession of the original packaging, other suitable packaging should be used to ensure adequate protection against damage in transit and to avoid any damage claims arising due to unsuitable packaging having been used.