Consumers (Section 13 of the German Civil Code, BGB) have a statutory right to cancel in accordance with the following policy with reference to the online purchase of goods.
Right to cancel for consumers
You have the right to cancel this contract without giving a reason within fourteen days.
The deadline for cancellation is fourteen days from the day on which you or a third party you have designated, who is not the carrier, took possession of the last goods.
To exercise your right of cancellation, you must inform us (Wemax Group GmbH & Co.KG, Französische Straße 12, 10117 Berlin, Germany, Fax: +49 30 208 478 250, Email: firstname.lastname@example.org) by an explicit declaration (e.g. a letter sent by post, a fax or an email) of your decision to cancel this contract. You may use the attached sample cancellation form for this purpose, which, however, is not mandatory.
In order to meet the deadline for cancellation, it is sufficient to send the notice concerning the exercise of the right to cancel before the cancellation deadline expires.
Consequences of cancellation
If you cancel this contract, we shall return to you all the payments that we have received from you, including the costs of delivery (except the additional costs resulting, because you selected a different form of delivery than the most reasonably priced standard delivery we offered) immediately and no later than fourteen days after the day on which we received the notice of your cancellation of this contract. 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 we charge you fees for such repayment.
The following applies for goods that can normally be sent by post:
We can refuse to make the refund until we have received back the goods or until you have produced evidence that you have sent back the goods, whichever is earlier.
You must send back or hand over the goods to us without delay and, in any event, within fourteen days from the day on which you inform us about the cancellation of this contract: Wemax Group GmbH & Co.KG, Rhinstraße 132, 12681 Berlin, Germany.
The deadline is met if you dispatch the goods before expiry of the fourteen-day deadline. You shall bear the direct costs of returning the goods.
The following applies for goods that cannot normally be sent back by post (e.g. spare parts that cannot be packaged):
You shall only be liable for any loss of value of the goods if such loss of value can be attributed to handling of the goods that is not necessary to check their condition, properties and functioning.
– End of the Cancellation Policy –
Sample cancellation form
(If you wish to cancel this contract, please fill in this form and send it back to us.)
– To: Wemax Group GmbH & Co.KG, Französische Straße 12, 10117 Berlin, Germany, Fax: +49 30 208 478 250, Email: email@example.com
– I/We (*) hereby cancel the contract regarding the purchase of the following goods (*)/the provision of the following services (*) that I/we (*) have entered into
– Ordered on (*)/received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if the notification is communicated on paper)
(*) Cross out if not applicable.
Exceptions to the right to cancel
There are legal exceptions to the right to cancel (Section 312g of the German Civil Code, BGB), in which context we reserve the right to refer to the following towards you: There is no right to cancel for contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or specification by the consumer is decisive or that are explicitly tailored to the consumer’s personal needs.
There is no right to cancel for the delivery of goods, if these were inseparably mixed with other goods after delivery due to their properties.
Furthermore, please be informed that, pursuant to Section 357 (7) (1) of the German Civil Code (BGB), you must reimburse us for any loss of value that can be attributed to handling of the goods that was not necessary to check their condition, properties and functioning. There are court decisions to the effect that the installation of automobile parts is also “not necessary.”
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