Right of Withdrawal for Consumers
(A consumer is any natural person who enters into a legal transaction for purposes that predominantly are outside his or her trade, business, or profession.)
Instructions on Withdrawal
Right of Withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period is 14 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 ordered one or more goods under a single order and these are delivered in one delivery;
- on which you or a third party named by you, who is not the carrier, have taken possession of the last good, provided that you 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 piece, provided that you ordered goods delivered in several partial shipments or pieces.
To exercise your right of withdrawal, you must inform us (Fitzner GmbH & Co. KG, Schillerstraße 53, 32361 Pr. Oldendorf, Phone: 05742-9303-0, Email: [email protected]) by means of a clear statement (e.g., a letter sent by post or an email) of your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, but it 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 you for all payments we have received from you, including delivery costs (except for the additional costs resulting from your choice of a different type of delivery than the least expensive standard delivery offered by us), without undue delay and at the latest within 14 days from the day on which we receive notice of your withdrawal from this contract. For this repayment, 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 you be charged any fees for this repayment.
We may withhold the reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back or hand over the goods to us without undue delay and in any event no later than 14 days from the day on which you inform us of your withdrawal from this contract. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to 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 Expiry of the Right of Withdrawal
The right of withdrawal does not apply to 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 personalized to the consumer’s needs;
- for the supply of goods that can spoil quickly or whose expiration date would be quickly exceeded;
- for the supply of alcoholic beverages, the price of which was agreed at the time of conclusion of the contract but which can only be delivered after 30 days and whose current value depends on fluctuations in the market beyond the trader’s control;
- 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 was removed after delivery;
- for the supply of goods which, due to their nature, are inseparably mixed with other items after delivery;
- for the supply of audio or video recordings or computer software in a sealed package if the seal was removed after delivery.
Model Withdrawal Form
(If you wish to withdraw from the contract, please fill out this form and return it to us.)
- To Fitzner GmbH & Co. KG, Schillerstraße 53, 32361 Pr. Oldendorf, Email: [email protected]:
- I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/for 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.