Right of withdrawal for consumers and sample withdrawal form
a) Right of withdrawal for consumers
A consumer—that is, any natural person who concludes a transaction for purposes that cannot be predominantly attributed to an activity of either a commercial or a freelance occupational nature—can withdraw a contractual declaration under the following conditions in the case of contracts for pecuniary interest:
a) In the case of a contract for one or more goods that can be shipped as packages, which the consumer has ordered in one unitary order and that are delivered separately:
Information on the right of withdrawal
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without providing a reason.
The withdrawal period is fourteen days from the date on which you or a third party nominated by you, who is not the carrier, took possession of the last of the goods.
To exercise your right of withdrawal, you must inform us (Brauns-Heitmann GmbH & Co. KG, Industriegebiet Warburg-West/Lütkefeld, Lütkefeld 15, 34414 Warburg, Germany; phone: +49 5641 95-0; e-mail: email@example.com) by means of an unambiguous declaration (e.g. surface mail or e-mail) of your decision to withdraw from this contract. The attached sample withdrawal form can be used but is not mandatory.
To comply with the withdrawal period, it is sufficient that you send the declaration of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of withdrawal:
If you withdraw from this contract, then we must pay back to you immediately, no later than within fourteen days after the date on which we received the message of your withdrawal from this contract, all payments that we have received from you. This includes freight costs (except for any additional costs resulting from your selection of a different type of shipment than the least expensive standard shipment offered by us). We will use the same means of repayment as used by you for the original transaction, unless we have expressly agreed otherwise with you. In no case will you be charged any fees for this repayment.
We can refuse repayment until the goods have been returned to us, or until you have provided evidence that you have shipped the goods back, whichever is the earlier point in time.
You must return or hand over the goods to us immediately, in any case no later than within fourteen days after the date on which you inform us of your withdrawal from this contract. The time period requirement is met if you send the goods before the period of fourteen days has expired.
You bear the direct costs for the return shipment of the goods.
You do not need to pay for any depreciation of the goods unless this depreciation is due to your handling of the goods in a manner not necessary for testing the condition, features, and functionality of the goods.
The right of withdrawal expires sooner for contracts …
- ... for the delivery of sealed goods that are not suitable to be returned for reasons of health protection or hygiene if their seals have been removed after delivery,
- ... for the delivery of goods if said goods have been inseparably mixed with other goods due to their condition.
Sample withdrawal form
(If you wish to withdraw from the contract, please complete this form and return it to us.)
- To Brauns-Heitmann GmbH & Co. KG, Industriegebiet Warburg-West/Lütkefeld, Lütkefeld 15, 34414 Warburg, Germany; fax: +49 5641 95-141; e-mail: firstname.lastname@example.org:
- I/we (*) hereby withdraw from 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 the consumer(s) (only if submitted in paper form)
(*) Strike out whatever does not apply.