Legal withdrawal policy and additional right of return for consumers
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(A consumer is defined as any physical person who concludes a legal transaction for a purpose which cannot be chiefly attributed to its commercial or independent professional activities.)
1. Legal withdrawal policy and sample withdrawal form
Withdrawal policy
Right of withdrawal
You shall be entitled to withdraw from this contract within fourteen days without having to justify your decision.
The withdrawal period shall comprise fourteen days from the date on which you or a third party appointed by you, who may not be the carrier, has taken possession of the goods.
In order to exercise your right of withdrawal, you are required to inform us of your decision to withdraw from this contract in the form of an unequivocal statement (e.g. a letter sent by post, a fax or an e-mail). You may use the attached sample withdrawal form for this purpose, although this is not obligatory. Please use the following contact information:
Artedio.de
Owner: David Vetter
Schlesische Straße 29/30
10997 Berlin, Germany
Telephone: +49 30 47 38 78 45
E-mail: info@artedio.com
Sending us notification of your decision to exercise of the right of withdrawal prior to the expiry of the withdrawal period shall suffice to comply with the latter.
Consequences of withdrawal
In the event that you withdraw from the present contract, we shall be obliged to refund all payments we have received from you, including the delivery charges (with the exception of additional costs should you have selected an alternative type of delivery to the lowest-priced standard version offered by us), this immediately, and fourteen days from the date on which we receive notification of your withdrawal from said contract at the latest. For the purposes of this refund, we shall take recourse to the same means of payment used by you during the original transaction, unless an alternative has been explicitly agreed with you; in no case shall you be charged any fees as a result of this reimbursement.
We may withhold the reimbursement until we have received the goods or until you have provided proof that you have returned them, whichever date is earlier.
You shall be obliged to send back or hand over the goods to us immediately and fourteen days from the date on which we receive notification of your withdrawal from the present contract at the latest. The time limit shall be deemed to have been complied with in the event that you return the goods prior to the expiry of the fourteen-day deadline.
You shall bear the immediate costs of the goods' return.
You shall only be liable for any diminished value of the goods in the event that this can be ascribed to handling by yourself above and beyond what is necessary to ascertain the nature, characteristics and function of the goods in question.
2. Contracts excluded from the right of withdrawal
According to Section 312g, Para. (2), No. 1 BGB, the right of withdrawal does not apply to contracts for the delivery of goods which are not pre-assembled and the manufacture of which is subject to the individual selection or specification of the consumer, or those which have clearly been tailored to the latter's personal needs.
This is the case in the event that you have commissioned the fabrication of individual frames from us, which we have produced according to your requirements. You shall retain the right of withdrawal for the prints as such, provided that we have not customised them to your wishes and as long as said prints are not affixed permanently to the frame and can be returned individually.
Sample withdrawal form
(If you wish to cancel the contract, then please complete this form and return it).
To:
Artedio.de
Schlesische Straße 29/30
10997 Berlin, Germany
E-mail: info@artedio.com
I/we (*) herewith cancel the contract regarding the purchase of the
following goods (*) concluded by me/us (*):
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
Ordered on (*) / received on (*): ___________________________________
Name of consumer(s): ___________________________________________
Address of consumer(s): _________________________________________
Signature of consumer(s) (for printed notifications only)
_____________________________________________
Date: ________________________________________
(*) Delete as appropriate.
3. Voluntary right of return for up to 30 days from goods receipt
If you are a consumer, we will grant you a voluntary right of return of a total of 30 days from receipt of the ordered items in addition to your legal right of withdrawal. This right of return permits you to revoke the contract after the fourteen-day period for the exercising of the right of withdrawal has expired. To this end, you are obliged to return the items within a period of 30 days of receipt to us, i.e. to
ARTEDIO.DE
Owner: David Vetter
Schlesische Straße 29/30
10997 Berlin, Germany
Telephone: +49 30 47 38 78 45
E-mail: info@artedio.com
Timely sending shall be sufficient for adhering to the deadline. Exercising the voluntary right of return presupposes, however, that the ordered items remain intact and in their original state, and that they show no signs of damage (tears, creases, scratches) or soiling (fingerprints, marks).
Furthermore, the voluntary right of return shall be excluded in the event that you have commissioned the fabrication of individual frames from us, which we have produced according to your requirements.
You shall bear the immediate costs of the items' return.
As soon as we have received the items, we will refund all payments we have received from you, including the delivery charges (with the exception of additional costs should you have selected an alternative type of delivery to the lowest-priced standard version offered by us), this immediately, and within fourteen days at the latest. For the purposes of this refund, we shall take recourse to the same means of payment used by you during the original transaction, unless an alternative has been explicitly agreed with you; in no case shall you be charged any fees as a result of this reimbursement. We may refuse to make the refund until we have received the items in question.
Your legal right of withdrawal (see fig. 1, above) remains unaffected by this additional, voluntarily granted right of return and shall remain in force regardless of the former. The statutory provisions stipulated by the legal right of return shall apply exclusively until the deadline for the same has expired. Moreover, the voluntarily granted right of return shall not limit your legal warranty rights, to which you remain entitled without restriction.