Right of cancellation/cancellation policy
There shall be no right of cancellation where download products are concerned, as these products are of a condition not suited for return.
With regard to shipping products, the following right of cancellation shall apply, to which express reference is made:
You may cancel your declaration of contractual intent within one month without giving reasons in text form (e. g. letter, fax, e-mail) or – if you have taken possession of the object of contract before the limit expires – by returning the object. The fixed period shall commence following receipt of this policy in text form, but not prior to receipt of the merchandise by the recipient (in the event of recurrent delivery of merchandise of the same kind, not prior to receipt of the first partial delivery) nor prior to fulfilment of our duty to inform in accordance with Article 246 § 2 in combination with § 1 para. 1 and 2 of the Introductory Law to the German Civil Code [EGBGB] as well as our obligations under § 312 g para. 1 cl. 1 of the German Civil Code [BGB] in connection with Article 246 § 3 EGBGB. Timely despatch of the cancellation or of the goods shall be deemed constitutive of compliance with the term of cancellation.
The cancellation must be directed in writing to:
Preclusion of the right of cancellation under BGB § 312 d para. 4 cl. 1:
The right of cancellation shall not apply in the case of distance selling contracts for the delivery of merchandise produced to customer specifications or clearly tailored to personal needs. This preclusion shall apply, however, only if the merchandise has already been produced to customer specifications. Products specially prepared to customer specifications are considered custom-produced merchandise. The aforementioned custom-produced goods shall be generally excluded from rights of exchange and return.
Consequences of cancellation:
In the event of an effective cancellation, the services received by both Parties to the transaction shall be refunded and any benefits deriving therefrom (e.g. interest) surrendered. If you cannot return to us all or a portion of the service received or of the usage derived (e.g. amenity and advantage of usage), or if you can do so only in a deteriorated state, you shall be liable for compensation of the value thereof. For deterioration of the goods involved, and for usage derived, you must provide compensation only insofar as the usage or deterioration is traceable to dealings with the object that go beyond a check of the characteristics and mode of operation involved. You must provide compensation for usage derived only insofar as you have used the merchandise in a manner and form that goes beyond a check of the characteristics and mode of operation involved. The term ‘check of the characteristics and mode of operation’ as used here shall be understood to mean such testing and trying-out of the merchandise in question as is possible, for example, within shop premises. You are not required to provide compensation for deterioration arising through proper use of the goods in question. Items that can be returned as parcels must be returned at your own risk. You shall be responsible for the ordinary expenses of return if the merchandise delivered to you corresponds to the merchandise you ordered, and if the price of the item to be returned does not exceed EUR 40.00 – or, if the item price exceeds this amount, you have not yet provided consideration or made a contractually agreed part payment as at the cancellation date. Otherwise, the return shall be free of charge to you. Items that cannot be returned as parcels will be collected at your premises. Obligations for refund of payments made must be met within 30 days. For you, this period begins upon despatch of your cancellation declaration or of the goods, and for us upon receipt thereof.
Contact us at firstname.lastname@example.org for questions related to refunds and returns.