Right of withdrawal
Right of Withdrawal for Consumers
(A consumer is any natural person who enters into a legal transaction for purposes which are predominantly outside their trade, business, or profession.)
Instructions on Withdrawal
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day
– on which you or a third party named by you, who is not the carrier, have taken possession of the goods, provided that you have ordered one or more goods under a single order and these are delivered together;
– on which you or a third party named by you, who is not the carrier, have taken possession of the last goods, provided that you have ordered several goods under a single order and these are delivered separately;
– on which you or a third party named by you, who is not the carrier, have taken possession of the last partial shipment or the last item, provided that you have ordered goods delivered in several partial shipments or pieces.
To exercise your right of withdrawal, you must inform us (Luca Modolo, Sackgasse 6, 85354 Freising, Telephone: 08161919156, Fax: 081618060108, Email: info@chocoidea.com) by means of a clear statement (e.g. a letter sent by post, fax, or email) of your decision to withdraw from this contract. You may use the attached sample withdrawal form, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (except for the additional costs arising if you chose a type of delivery other than the least expensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we receive notification of your withdrawal from this contract.
For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this reimbursement.
We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earlier.
You must send back or hand over the goods to us without undue delay and in any event not later than fourteen 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 fourteen days has expired.
You shall bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
Exclusion or Premature Expiry of the Right of Withdrawal
The right of withdrawal does not exist for contracts:
– for the supply of goods that are not prefabricated and for the production of which an individual choice or decision by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
– for the supply of goods that may spoil quickly or whose expiration date would soon be exceeded;
– for the supply of alcoholic beverages, the price of which was agreed upon at the time of conclusion of the contract, but which can be delivered no earlier than 30 days after the conclusion of the contract and whose current value depends on fluctuations in the market over which the trader has no influence;
– for the supply of newspapers, periodicals, or magazines with the exception of subscription contracts.
The right of withdrawal expires prematurely for contracts:
– for the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
– for the supply of goods which, after delivery, have been inseparably mixed with other items due to their nature;
– for the supply of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.
Sample Withdrawal Form
(If you wish to withdraw from the contract, please fill out this form and return it.)
To:
Luca Modolo
Sackgasse 6
85354 Freising
Fax: 081618060108
Email: info@chocoidea.com
I/We () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods () / 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 submitted on paper):
Date:
(*) Delete as appropriate.
