Disclaimer: The following sample terms and conditions have been prepared by a lawyer (http://rechtsanwalt-schwenke.de). They correspond to the legal requirements of a typical online shop aimed at consumers. However, you should only use the sample after careful examination and adaptation to your specific business model. The clauses may be inadmissible in certain constellations. If in doubt, seek legal advice.
INSTRUCTION ON THE RIGHT OF WITHDRAWAL FOR CONSUMERS
A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.
Right of revocation
You have the right to cancel this contract within fourteen days without giving reasons. The revocation period is fourteen days from the day on which you or a third party designated by you, other than the carrier, took or has taken possession of the goods. In order to exercise your right of withdrawal, you must notify us ([Insert: name/company name, address of the addressee of the cancellation, telephone number, e-mail address and, if available, fax number. You can also use the shortcode [woocommerce_en_disclaimer_address_data] for this purpose, and store the address in Settings DE.]) by means of a clear statement (e.g. a letter, fax or e-mail sent by post) informing us of your decision to revoke this contract. You may use the attached sample revocation form for this purpose, but this is not mandatory. In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (except for additional charges resulting from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date we receive notification of your revocation of this Agreement. For this refund, 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 refund. We may refuse to make a refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us without delay and in any event within fourteen days at the latest from the date on which you notify us of the cancellation of this agreement. This period shall be deemed to have been observed if you send the goods before the expiry of the fourteen-day period.
You shall bear the direct costs of returning the goods.
You shall only be liable for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary for testing the condition, properties and functionality of the goods.
Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back).
– To [Insert: name/company name, address of the revocation addressee, e-mail address and, if available, the fax number]:
– 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 the consumer(s) (only in case of communication on paper)
(*) Delete as applicable.
EXCLUSION OR PREMATURE EXPIRY OF THE RIGHT OF WITHDRAWAL
The right of withdrawal does not apply to contracts
– for the supply of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive 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 quickly exceeded;
– the supply of alcoholic beverages whose price was agreed at the time of conclusion of the contract but which can be supplied no earlier than 30 days after conclusion of the contract and whose current value depends on fluctuations in the market over which the trader has no control;
– for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts.
The right of withdrawal expires prematurely for contracts
– for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery
– for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature;
for the supply of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.
The modalities mentioned in this section “Returns” are not a prerequisite for the effective exercise of the right of withdrawal according to the section “Information on the right of withdrawal for consumers”.
Before returning goods, customers are asked to report the return to the seller [add: telephone number and/or e-mail address and/or contact page] to announce the return. In this way, they enable the seller to assign the products as quickly as possible.
Customers are asked to return the goods as a prepaid package to the seller and to keep the receipt. The seller will reimburse customers for postage costs in advance upon request, unless these are to be borne by the customer.
Customers are asked to avoid damage or contamination of the goods. If possible, the goods should be returned to the seller in their original packaging with all accessories. If the original packaging is no longer in the buyer’s possession, another suitable packaging should be used to ensure sufficient protection against transport damage and to avoid any claims for damages due to damage caused by defective packaging.