Right of cancellation for consumers
Right of cancellation for consumers
(A consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity.)
right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons.
The revocation period is fourteen days from the day,
- where you, or a third party other than the carrier designated by you, have taken possession of the goods, provided that you have ordered one or more goods under a single order and the order is or will be delivered uniformly;
- where you or a third party other than the carrier designated by you has taken or has taken possession of the last goods, provided that you have ordered several goods under a single order and they are delivered separately;
- where you or a third party other than the carrier designated by you has taken or has taken possession of the last partial consignment or piece, if you have ordered goods delivered in several partial consignments or pieces;
In order to exercise your right of cancellation, you must inform us (Serverhero GmbH, Toyota Allee 33, 50858 Köln, Germany, telephone number: +49 2234 98172250, e-mail address: firstname.lastname@example.org) of your decision to cancel this contract by means of a clear declaration (e.g. a letter, fax or e-mail sent by post). You can use the attached sample revocation form, which is not mandatory.
In order to comply with the revocation period, it is sufficient for you to send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund.
We may refuse to refund until we have received the Goods back or until you have provided evidence that you have returned the Goods, whichever is earlier.
You shall return or deliver the Goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the revocation of this Contract. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.
Reasons for exclusion or extinction
The right of revocation does not apply to the following contracts
- the supply of goods which are not prefabricated and the manufacture of which is determined by an individual choice or destination made by the consumer or which are clearly tailored to the personal needs of the consumer;
- the supply of goods which are liable to deteriorate rapidly or whose expiry date would be exceeded rapidly;
- the delivery of alcoholic beverages, the price of which was agreed at the time of conclusion of the contract but which cannot be delivered before 30 days after conclusion of the contract and the current value of which depends on fluctuations in the market over which the trader has no control;
- for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts.
The right of revocation expires prematurely in the case of contracts
- for the delivery of sealed goods which, for health or hygiene reasons, are not suitable for return if their seal has been removed after delivery;
- the delivery of goods if, after delivery, they have been inseparably mixed with other goods due to their nature;
- for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.
Sample withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
- To Bluespoon GmbH, Toyota Allee 33, 50858 Cologne, Germany, e-mail address: email@example.com :
- I/we (*) hereby cancel the contract concluded by me/us (*) concerning the purchase of the following goods (*)/
- the provision of the following service (*)
- Ordered on (*)/ received on (*)
- Name(s) of consumer(s)
- Address of consumer(s)
- Signature of the consumer(s) (only for paper notifications)
(*) Delete as appropriate.