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.
Instructions for cancellation & Cancellation form
Consumers, i.e. any individual acting for purposes which are wholly or mainly outside those individual’s trade, business, craft or profession, are entitled to cancel any contract on the following conditions:
A. Instructions for cancellation
Right to cancel
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right to cancel, you must inform us (Serverhero GmbH, Toyota Allee 99, 50858 Köln, Deutschland, Tel.: +49 2234 2196 500, E-Mail: firstname.lastname@example.org) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you choose a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and not later than fourteen days after the day on which we are informed about your decision to cancel this contract. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You bear the direct costs of returning the goods. The direct costs of returning goods which are unsuitable for a return shipment by post, due to their nature (goods delivered by transport agency), are estimated at around a maximum of 50 Pound.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods
Exclusion and/or premature expiration of the right to cancel
The right to cancel is excluded for contracts for the supply of goods that are made to the consumer’s specifications or are clearly personalized.
The right to cancel ceases to be available in the case of a contract for the supply of sealed audio or sealed video recordings or sealed computer software , if the goods become unsealed after delivery.
The right to cancel does not apply for consumers who, at the time of concluding the contract, are not nationals of a member state of the European Union and whose exlusive residence and address of delivery are located outside of the European Union.
B. Cancellation form
If you wish to cancel this contract, please complete and submit this form.
Toyota Allee 99
I/We (*) hereby give notice that I/We (*) cancel my/our (*) contract of sale of the following goods (*) /for the supply 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 on paper)
(*) Delete as appropriate