Withdrawal from the contract

Sample withdrawal form

Withdrawal from the contract

1. A buyer who has concluded a purchase contract outside his business activity as a consumer has the right to withdraw from the purchase contract.

2. The withdrawal period is 14 days

  • from the date of receipt of the goods,
  • from the date of acceptance of the last delivery of goods, if the subject of the contract is several types of goods or the delivery of several parts
  • from the date of acceptance of the first delivery of goods, if the subject of the contract is a regular recurring delivery of goods.

3. The buyer may not withdraw from the purchase contract if, inter alia:

  • the delivery of goods that have been modified according to the wishes of the buyer or for his person,
  • delivery of goods that have been custom-made directly for the buyer or for the buyer’s person,
  • the provision of services, if they have been performed with the prior express consent of the buyer before the expiry of the withdrawal period and the seller has informed the buyer before the conclusion of the contract that in such a case he has no right to withdraw from the contract,
  • the supply of goods or services whose price depends on financial market fluctuations independent of the seller’s will and which may occur during the withdrawal period,
  • the delivery of alcoholic beverages which can only be delivered after a period of thirty days and the price of which depends on financial market fluctuations independent of the will of the seller,
  • the delivery of perishable goods and goods which have been irretrievably mixed with other goods after delivery,
  • delivery of goods in sealed packaging, which the buyer has removed from the packaging and cannot be returned for hygiene reasons,
  • delivery of an audio or visual recording or computer program if it has damaged its original packaging,
  • delivery of newspapers, periodicals or magazines,
  • the delivery of digital content, unless it was delivered on a tangible medium and was delivered with the prior express consent of the buyer before the expiry of the withdrawal period and the seller has informed the buyer prior to the conclusion of the contract that in such a case he has no right to withdraw from the contract,
  • in other cases specified in § 1837 of the Civil Code.

4. In order to meet the withdrawal deadline, the buyer must send the withdrawal declaration within the withdrawal period.

5. To withdraw from the purchase contract, the buyer can use the sample withdrawal form provided by the seller. The buyer shall send the withdrawal from the purchase contract to the seller’s email or delivery address specified in these terms and conditions. The Seller shall acknowledge receipt of the form to the Buyer without delay.

6. The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of withdrawal from the contract. The buyer bears the costs associated with the return of the goods to the seller, even if the goods cannot be returned due to their nature by the usual postal route.

7. If the Buyer withdraws from the contract, the Seller shall reimburse the Buyer immediately, but no later than 14 days after the withdrawal from the contract, all monies, including delivery costs, received from the Buyer in the same manner. The Seller will only return the funds received to the Buyer in another way if the Buyer agrees to this and if no additional costs are incurred.

8. If the Buyer has chosen a method of delivery other than the cheapest method of delivery offered by the Seller, the Seller shall reimburse the Buyer for the cost of delivery of the goods in the amount corresponding to the cheapest method of delivery offered.

9. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer delivers the goods to him or proves that he has sent the goods to the seller.

10. The Buyer must return the goods to the Seller undamaged, unworn and unpolluted and, if possible, in their original packaging. The Seller is entitled to unilaterally offset the claim for compensation for damage to the goods against the Buyer’s claim for reimbursement of the purchase price.

11. The Seller is entitled to withdraw from the Purchase Contract due to the sale of stock, unavailability of the goods, or when the manufacturer, importer or supplier of the goods has discontinued the production or import of the goods. The Seller shall promptly inform the Buyer via the email address specified in the order and shall return all monies, including delivery costs, received from the Buyer under the Contract within 14 days of notification of withdrawal from the Contract, in the same manner or in the manner specified by the Buyer.