Consumers' right of cancellation

(Consumer is any natural person who enters into a legal transaction for a purpose that cannot be attributed either to his commercial or self-employed activity)

Notification of cancellation

Right of cancellation
You may cancel your contract within 14 days in writing without explanation (e.g. letter, fax, e-mail) or – if the goods are sent to you before the deadline has expired – by returning the goods. The deadline shall commence following receipt of this notification in written form but not before the goods have been received by the recipient (in the case of the repeat delivery of similar goods not before receipt of the first part delivery) and also not before our information requirements have been complied with pursuant to article 246 section 2 in conjunction with section 1 para 1 and 2 EGBGB (Introductory Act to the German Civil Code) as well as our obligations pursuant to section 312e para 1, first sentence of the BGB (German Civil Code) in conjunction with article 246 section 3 EGBGB. To comply with the cancellation deadline, it is sufficient to return the cancellation or merchandise in good time.
The cancellation is to be addressed to:

Claudia Metcalfe
Seeholzenstr. 1
82166 Gräfelfing

Consequences of cancellation
In the event of a valid cancellation, the services received by either party are to be returned and any benefit received (e.g. interest) surrendered. If you are unable to return or relinquish the services received or use enjoyed (e.g. benefits as a result of use), or only in part or only in a deteriorated state, you shall be required to compensate us to an amount matching the loss in value suffered.You shall only be required to pay compensation for the deterioration of the merchandise and for benefits obtained inasmuch as the use or deterioration can be attributed to handling of the merchandise that exceeds the checking of its characteristics and operation. What is understood by “checking of its characteristics and operation” is the testing and trying out of the merchandise in question, to the extent possible and customary in a shop.
Merchandise that is capable of being despatched by package is to be returned at our risk. You shall be required to pay the return postage if the merchandise supplied corresponds to what was ordered and if the price of what is to be returned does not exceed 40 euro or if in the event of a higher cost item you have not paid for the item or made a contractually agreed part payment at the time of cancellation. Otherwise you shall not be required to pay return carriage costs. Items that cannot be sent by post will be picked up from your premises. The requirement to reimburse payment must be complied with within 30 days. This period shall commence for you when you despatch your notice of cancellation of the item and for us upon its receipt.

Exclusion of the right of cancellation
The right of cancellation shall not apply to contracts for the delivery of goods made to the customer’s specifications or that are clearly tailored to personal requirements or which by their nature do not lend themselves to being returned or which are perishable or the expiry date of which has been exceeded, for the delivery of audio or video recordings or of software, where you have broken the seal on the media nor also to the delivery of newspapers, periodicals and magazines (unless your contractual consent to the delivery of newspapers, periodicals and magazines was given over the phone).

End of notification of cancellation

Please note:
As far as possible, please return the goods to us as a stamped packet rather than freight collect. We will be happy to reimburse you in advance for the postage costs where we are responsible for paying for the cost of returning the goods.
Please avoid damage or soiling of the goods. As far as possible, please return the goods to us in the original packaging together with all the accessories and all the packaging components. If you are no longer in possession of the original packaging, please provide appropriate packaging to avoid damage in transit.

The above terms are not a precondition for the effective exercise of the right of cancellation.

 

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