Instruction for Cancellation & Cancellation form
Consumers, i.e. any individual acting for purposes which are wholly or mainly outside those individual’s trade, business, craft or profession, are entitled to cancel any contract on the following conditions:
A. Instruction for Cancellation
Right to Cancel
You are entitled to cancel this contract without giving any reasons.
In the case of a contract for the delivery of goods, the cancellation period is 2 months from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
In the case of a contract for the supply of data not on a tangible medium which are produced and supplied in digital form (digital content), the cancellation period is fourteen days from the day of the conclusion of the contract.
To exercise of the right to cancel, you must inform us (spivo GmbH, Sachsenring 41, 67583 Guntersblum, Deutschland, Tel.: +49 6249-9432766, E-Mail: firstname.lastname@example.org) of your decision to cancel this contract (e.g via a letter sent by post) or e-mail. You may use the attached model cancellation form, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of Cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you choose a type of delivery other than the least expensive type of standard delivery offered by us). We will make the reimbursement without undue delay, and not later than fourteen days after the day on which we are informed about your decision to cancel this contract. We will make the reimbursement using the same means of payment, unless you have expressly agreed otherwise; in any event you will not incur any fees as result of the reimbursement.
In the case of sales contract, we may withhold 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 the goods or hand them over to us or to VBI Plastics GmbH, Martin-Siebert-Str. 3a, 51647, Gummersbach without undue delay and in any event not later than fourteen days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of fourteen 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 the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Exclusion and/or Premature Expiration of the Right to Cancel
The right to cancel does not apply for consumers who, at the time of concluding the contract, are not nationals of a member state of the European Union and whose exclusive residence and address of delivery are located outside of the European Union.
According to section 312g paragraph 2 number 9 German Civil Code (BGB), there is no right of cancellation, unless otherwise agreed, for contracts for the provision of services in connection with leisure activities, if the contract provides for a specific date or period for the provision. Thereafter, the right of cancellation is also excluded for contracts that deal with the sale of tickets for time-bound leisure events.
The right of cancellation expires prematurely for contracts regarding the delivery of digital content if we have begun with the execution of the contract after you have expressly agreed that we will begin with the execution of the contract before expiry of the revocation period and you have confirmed to us that you lose your right of cancellation by your consent with the beginning of the execution of the contract.
General Information on the Return of Goods
1. Please prevent damage to and contamination of the goods. Please return the goods, if possible, in the original packaging with all accessories and all packaging components. If necessary, please use protective outer packaging. If you are no longer in possession of the original packaging, please use suitable packaging providing adequate protection against potential transport damage.
2. Please do not return the goods freight forward.
3. Please note that the above general information in section 1 and 2 is not a precondition for effectively exercising your right to cancel.
B. Cancellation form
If you wish to cancel this contract, please complete and submit this form.
I/We (*) hereby give notice that I/We (*) cancel my/our (*) contract of sale of the following goods (*) /for the supply 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)
(*) Delete as appropriate