A. Instructions on the Right of Withdrawal

Introduction

Consumers have a right of withdrawal under the following provisions. A consumer is any natural person who concludes a legal transaction for purposes which predominantly are outside their trade, business or profession.

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, took possession of the last good.

To exercise your right of withdrawal, you must inform us (Victoria Hilbrecht, Im Falkenhorst 12, 51145 Cologne, Germany, Tel.: 01638648777, e-mail: [email protected]) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, which is not mandatory.

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.

Effects of Withdrawal

If you withdraw from this contract, we shall reimburse to you all payments that we have received from you, including the costs of delivery (with the exception of the additional costs resulting from your choice of 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 notice of your withdrawal from this contract. For this reimbursement, we will use the same means of payment as you used for the initial 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 no later than fourteen days from the day on which you inform us of your withdrawal from this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired.

You will 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 and/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.

The right of withdrawal does not apply to consumers who, at the time the contract is concluded, do not belong to a Member State of the European Union and whose sole place of residence and delivery address at the time the contract is concluded are outside the European Union.

Linked/Financed Transactions

If you finance this contract by means of a loan and later withdraw from it, you are no longer bound by the loan agreement either, provided that both contracts form an economic unit. This is to be assumed in particular if we are your lender at the same time or if your lender makes use of our cooperation with regard to the financing. If the loan has already been disbursed to us when the withdrawal takes effect or when the goods are returned, your lender, with regard to the legal consequences of the withdrawal or the return, enters into our rights and obligations under the financed contract in relation to you. The latter does not apply if the present contract concerns the acquisition of financial instruments (e.g. securities, foreign exchange or derivatives). If you wish to avoid a contractual obligation as far as possible, make use of your right of withdrawal and also withdraw from the loan agreement if you are entitled to a right of withdrawal for that as well.

General Information

1. Please avoid damaging or contaminating the goods. Please return the goods to us in their original packaging with all accessories and all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please ensure adequate protection against transport damage with suitable packaging.
2. Please do not return goods to us freight collect (postage due).
3. Please note that the above points 1–2 are not a precondition for the effective exercise of the right of withdrawal.

B. Exclusion of the Right of Withdrawal for Digital Products, Streams and Live Sessions

(1) Digital content (not supplied on a tangible medium; e.g., downloads, streaming, access to recorded online courses):
The right of withdrawal lapses once we have begun performing the contract (e.g., enabling the stream, providing the download), after you have (i) expressly consented to our starting performance before the end of the withdrawal period and (ii) acknowledged that you will lose your right of withdrawal when performance begins. We will confirm the lapse of the right of withdrawal after conclusion of the contract on a durable medium (e.g., by e-mail).

(2) Live online courses with a fixed date/time (leisure events):
For contracts concerning services related to leisure activities where performance is to be provided on a specific date or within a specific period (e.g., announced live sessions), no right of withdrawal exists. This applies whether the live session is booked separately or forms part of a subscription; the right of withdrawal is excluded in this respect. For the on-demand elements of any subscription, item (1) applies.

(3) Other services without the leisure exception (if offered):
Where paid services are provided without a fixed event date, the right of withdrawal expires upon full performance of the service, after you have (i) expressly consented to our starting performance before the end of the withdrawal period and (ii) acknowledged that your right of withdrawal will expire upon full performance of the contract. If you withdraw after performance has begun but before completion, you must pay proportionate compensation for the services provided up to the time of withdrawal.

C. Model Withdrawal Form

(If you wish to withdraw from the contract, please complete this form and send it back.)

To

Victoria Hilbrecht
Im Falkenhorst 12
51145 Cologne
Germany

E-mail: [email protected]

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 notified on paper)

Date

(*) Delete as appropriate

© IT-Recht Kanzlei