Instructions on withdrawal
1. Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us (ELLERLY, Gräfin-Imma-Str. 48, 44797 Bochum, Tel.: 0234 796 99 421, Email: firstname.lastname@example.org) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
2. Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
3. Exceptions from the right to withdrawal
In some cases a consumer does not have the right to cool-off a contract free of charge, even if the order was made online. This applies to contracts with the following content:
- services if the performance has begun with the consumer’s prior express consent, and with the acknowledgement that he will lose his right of withdrawal once the contract has been fully
- performed by the trader (e.g. you order a feebased horoscope and already received you’re your request);
- the supply of goods or services for which the price is dependent on fluctuations in the financial market which cannot be controlled by the trader (e.g. noble metal);
- the supply of goods made to the consumer’s specifications or clearly personalized (e.g. tailor-made clothes, furniture produced according to your individual request and measurement);
- the supply of goods which according to their nature are not suitable to be returned, deteriorate rapidly or where the date of expiry is over (e.g. groceries);
- the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery;
- the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications;
- catering (e.g. pizza delivery service) or services related to leisure activities (e.g. booking of flights, hotel rooms, package travel or concert tickets);
- the supply of digital content (e.g. software download) which is not supplied on a tangible medium if the performance has begun with the consumer’s prior express consent and his
- acknowledgment that he thereby loses his right of withdrawal.
- contracts on urgent repairs or maintenance where the consumer has specifically requested a visit from the trader for the purpose of carrying out these services.
4. Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
– I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
– Ordered on (*)/received on (*),
– Name of consumer(s),
– Address of consumer(s),
– Signature of consumer(s) (only if this form is notified on paper),
(*) Delete as appropriate.