Right of Cancellation for Consumers
(A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside his or her trade, business, or profession).
Right of Cancellation
You have the right to cancel this contract within fourteen days without providing any reason.
The cancellation period is fourteen days from the day,
– on which you or a third party named by you, who is not the carrier, have taken possession of the goods, provided that you have ordered one or more goods in the context of a uniform order, and these are delivered uniformly;
– on which you or a third party named by you, who is not the carrier, have taken possession of the last goods, if you have ordered several goods as part of a uniform order and these are delivered separately;
– on which you or a third party named by you, who is not the carrier, have taken possession of the last partial shipment or the last piece, if you have ordered goods that are delivered in several partial shipments or pieces.
In order to exercise your right of cancellation, you must inform us [Wirth Tonmaschinenbau GmbH, Bohnäckerweg 5, 72655 Altdorf, telephone: +49 (0)7127 32718, 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 withdraw from this contract. You can use the attached sample cancellation form for this purpose, but it is not mandatory.
In order to comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.
Consequences of Cancellation
If you withdraw from this contract, we shall reimburse you for 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 most favorable standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we received the notification of your cancellation of 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 to refund you 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 immediately 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 expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You 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.
Reasons for Exclusion or Termination
The right of cancellation does not apply to 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;
– for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded;
– for the delivery of alcoholic beverages, the price of which was agreed upon at the time of the conclusion of the contract, but which can be delivered at the earliest thirty days after the conclusion of the contract and the current value of which depends on fluctuations in the market over which the company has no influence;
– for the delivery of newspapers, periodicals, or magazines with the exception of subscription contracts.
The right of cancellation expires prematurely in the case of contracts
– for the delivery of sealed goods that 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, due to their nature, they have been inseparably mixed with other goods after delivery;
– for the delivery of audio or video recordings or computer software in a sealed package, if the seal was removed after delivery.
Sample Cancellation Form
(If you wish to cancel the contract, please fill out this form and send it back to us.)
– To: Wirth Tonmaschinenbau GmbH, Bohnäckerweg 5, 72655 Altdorf (e-mail address: firstname.lastname@example.org):
– I/we (*) hereby cancel 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 paper communication)
(*) Delete where not applicable.