Right of withdrawal for consumers and model withdrawal form
1. right of withdrawal for consumers for distance contracts/contracts concluded in the online shop
Consumers - i.e. any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his or her commercial nor to his or her independent professional activity - may revoke their contractual declaration in the case of contracts against payment under the following conditions:
In the case of a contract for one or more goods capable of being sent by parcel post which reach the consumer in a single delivery, which are delivered separately or which are delivered to the consumer in several partial consignments or pieces:
Right of withdrawal
You have the right to cancel 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, have taken or has taken possession of the last goods. In order to exercise your right of withdrawal, you must send us (Oliver Melhaff, trading as artab. Philippstr. 33, 50823 Cologne, telephone: 0221 / 9987-4664, fax: 0221/ 9987-6675, e-mail: email@example.com) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You may use the enclosed model withdrawal form for this purpose, which is, however, not mandatory.
To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the end of the period of fourteen days.
You will only have to pay for any loss in value of the goods if this loss in value is due to the handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.
Exclusion of the right of withdrawal
The right of withdrawal is excluded for contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
2. sample cancellation form
Sample cancellation form
(If you wish to cancel the contract, please complete and return this form).
- To Oliver Melhaff, trading under artab. Philippstr. 33, 50823 Cologne, Fax: 0221/ 9987-6675, E-Mail: firstname.lastname@example.org
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of consumer(s) (only in case of paper communication)
(*) Delete where inapplicable.