Right of withdrawal

Right of withdrawal

Article 1 - Right of withdrawal
In case of products:

1. The consumer can terminate an agreement regarding the purchase of a product during a cooling-off period of 14 days without giving a reason to do so. The entrepreneur may ask the consumer about the reason for the withdrawal, but can not oblige him to state his reason(s).

2. The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:

a. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has informed the consumer in a clear manner prior to the ordering process, refuse an order of several products with a different delivery time.

b. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or the last part;

c. with agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

For services and digital content that is not delivered on a tangible data carrier:

3. The consumer can dissolve a service agreement and an agreement for the supply of digital content that has not been delivered on a tangible data carrier for at least 14 days without giving a reason to do so. The entrepreneur may ask the consumer about the reason for the withdrawal, but can not oblige him to state his reason(s).

4. The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the agreement. Extended cooling-off period for products, services and digital content that is not delivered on a tangible data carrier if not informed about the right of withdrawal:

5. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the form for withdrawal, the cooling-off period shall expire twelve months after the end of the original cooling-off period as determined in accordance with the previous paragraphs of this Article.

6. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original cooling-off period, the withdrawal period will expire 14 days after the day on which the consumer has received this information.

Article 2 - Obligations of the consumer during the cooling-off period

1. During the reflection period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.

2. The consumer is only liable for the value reduction of the product that is the result of a way of handling the product that exceeds the way of handling as allowed according to paragraph 1.

3. The consumer is not liable for the value reduction of the product if the entrepreneur has not provided him with any legally required information about the right of withdrawal prior to or at the conclusion of the agreement.

Article 3 - Exercising the right of withdrawal by the consumer and costs thereof


1. If the consumer makes use of his right of withdrawal, he will notify the entrepreneur within the cooling-off period by means of the withdrawal form or in an unambiguous way.

2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hands it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product. In any case, the consumer has complied with the obligations regarding return if he returns the product before the cooling-off period has expired.

3. The consumer returns the product with all delivered accessories, if reasonably possible in the original state and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.

4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.

5. The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates to bear the costs himself, the consumer does not have to bear the costs for return.

6. If the consumer rescinds after having explicitly requested that the provision of the service or the supply of gas, water or electricity that are not made ready for sale in a limited volume or quantity starts during the cooling-off period, the consumer owes the entrepreneur the amount that is proportional to that part of the obligation that the entrepreneur has fulfilled at the time of revocation, compared with the full fulfillment of the commitment.

7. The consumer does not bear any costs for the execution of services or the supply of water, gas or electricity, which are not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:

a. the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement upon revocation or the withdrawal form, or;

b. the consumer has not expressly requested the commencement of the execution of the service or supply of gas, water, electricity or district heating during the cooling-off period.

8. The consumer shall bear no costs for the full or partial delivery of digital content not supplied on a tangible data carrier if:

a. he has not expressly agreed to commence the fulfillment of the contract prior to the delivery before the end of the cooling-off period;

b. he has not acknowledged to lose his right of withdrawal when giving his consent; or

c. the entrepreneur has failed to confirm this statement from the consumer.

9. If the consumer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.

Article 4 - Obligations of the entrepreneur in case of withdrawal


1. If the entrepreneur makes the notification of withdrawal by the consumer electronically possible, he will send an acknowledgment of receipt immediately after receipt of this notification.

2. The entrepreneur will reimburse all payments from the consumer, including any delivery costs charged by the entrepreneur for the returned product, immediately, but no later than within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait to reimburse until he has received the product or until the consumer demonstrates that he has returned the product, whichever comes sooner.

3. The entrepreneur uses the same payment method that the consumer has used for reimbursement, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.

4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

Article 5 - Exclusion of right of withdrawal


The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly indicated this with the offer, or at least in time for the conclusion of the agreement.:

1. Products or services whose price is subject to fluctuations on the financial market on which the entrepreneur has no influence and which can occur within the withdrawal period

2. Agreements that are concluded during a public auction. A public auction is understood to mean a sales method whereby products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and/or services;

3. Service contracts, after full execution of the service, but only if:

a. the execution has begun with the express prior consent of the consumer; and

b. the consumer has stated that he loses his right of withdrawal as soon as the entrepreneur has fully executed the agreement;

4. Service agreements for the provision of accommodation, if a specific date or period of execution is provided in the agreement and other than for residential purposes, freight transport, car rental services and catering;

5. Agreements with regard to leisure activities, if a specific date or period of execution is provided for in the agreement;

6. Products manufactured according to the consumer's specifications which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer or which are clearly intended for a specific person;

7. Products that spoil quickly or have a limited shelf life;

8. Sealed products which for reasons of health protection or hygiene are not suitable to be returned and of which the seal has been broken after delivery;

9. Products that are irrevocably mixed with other products by their nature after delivery;

10. Alcoholic beverages of which the price has been agreed upon at the conclusion of the agreement, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations of the market on which the entrepreneur has no influence;

11. Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;

12. Newspapers or magazines, with the exception of subscriptions;

13. The delivery of digital content other than on a physical carrier, but only if:

a. the execution has begun with the express prior consent of the consumer; and

b. the consumer has stated that he thereby loses his right of withdrawal.

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