Disclaimer: The following sample General Terms and Conditions have been prepared by a lawyer (https://rechtsanwalt-schwenke.de). They comply with the legal requirements of a typical online shop aimed at consumers. However, you should only use the sample after careful examination and adaptation to your specific business model. The clauses may be inadmissible in certain constellations. In case of doubt, seek legal advice.
Information on the right of withdrawal for consumers
revocation instruction
A consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity.
right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons. The withdrawal period shall be fourteen days from the date on which you or a third party other than the carrier designated by you have taken possession of the goods. To exercise your right of withdrawal, you must contact us ([Insert: Name/company, address of the revocation addressee, telephone number, e-mail address and, if available, fax number. You can also use the shortcode [woocommerce_de_disclaimer_address_data] for this purpose, and store the address in settings DE.]) by means of a clear explanation (e.g. a letter sent by post, fax or e-mail) about your decision to revoke this contract. You can use the attached model withdrawal form, which is not mandatory. In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of revocation
If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). For this refund 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 for this refund. We may refuse to refund until we have received the Goods back or until you have provided evidence that you have returned the Goods, whichever is earlier. You must return or hand over the goods to us immediately and in any case within fourteen days of the day on which you notify us of the revocation of this contract at the latest. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the fourteen-day period.
You shall bear the direct costs of returning the goods.
They shall be liable for any depreciation of the goods only if such depreciation is due to handling of the goods which is not necessary to examine their nature, properties and functionality.
Sample withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
– On [Insert: name/company, addressee’s address, e-mail address and, if available, fax number]:
– I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following services (*)
– Ordered on (*)/received on (*)
– Name(s) of consumer(s)
– Address of consumer(s)
– Signature of consumer(s) (only for paper communication)
– date
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(*) Delete as appropriate.
Exclusion or premature expiry of the right of revocation
The right of revocation does not apply to the following contracts
– the supply of goods which are not prefabricated and the manufacture of which is determined by an individual choice or destination made by the consumer or which are clearly tailored to the personal needs of the consumer;
– for the delivery of goods that can spoil quickly or whose expiration date would quickly be exceeded;
– the delivery of alcoholic beverages, the price of which was agreed at the time of conclusion of the contract, but which can be delivered no earlier than 30 days after conclusion of the contract and the current value of which depends on fluctuations in the market over which the trader has no control;
– for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts.
The right of revocation expires prematurely for contracts
– for the delivery of sealed goods which, for health or hygiene reasons, are not suitable for return if their seal has been removed after delivery;
– for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature;
for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.
returns
The modalities mentioned in this section “Returns” are not a prerequisite for the effective exercise of the right of withdrawal according to the section “Information on the right of withdrawal for consumers”.
Customers will be asked to report the return to the seller [Add: phone number and/or email address and/or contact page] before returning the goods to announce the return. In this way, they enable the seller to assign products as quickly as possible.
Customers are asked to return the goods as a stamped parcel to the seller and keep the receipt. On request, the seller will reimburse the customer in advance for the postage costs, unless these are to be borne by the buyer himself.
Customers are asked to avoid damage or contamination of the goods. If possible, the goods should be returned to the seller in their original packaging with all accessories. If the original packaging is no longer in the possession of the buyer, another suitable packaging should be used in order to provide sufficient protection against transport damage and to avoid any claims for damages due to damage as a result of defective packaging.