Right of withdrawal for the sale of goods
Right of Withdrawal for Consumers
(A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their self-employed professional activity.)
Right of Withdrawal
Right of Withdrawal
You have the right to cancel this contract within 30 days without giving any reason.
The cancellation period is 30 days from the day,
- at which you or a third party designated by you, other than the carrier, has taken possession of the goods, provided that you have ordered one or more items as part of a single order and they are delivered together;
- at which you or a third party designated by you, other than the carrier, took or has taken possession of the last item, provided that you ordered multiple items as part of a single order and they were delivered separately;
- on the date on which you or a third party designated by you, other than the carrier, took possession of the last partial shipment or the last item, provided that you ordered goods that were delivered in multiple partial shipments or items;
You are only liable for any loss in value of the goods if this loss is attributable to handling of the goods that goes beyond what is necessary to assess their condition, characteristics, and functionality.
To exercise your right of withdrawal, you must notify us (SUND Digital GmbH & Co. KG, Victoriaallee 1, 22143 Hamburg, Phone:+49 40 53 80 96-0, Email: info@gardenflare.com) by means of a clear statement (e.g., a letter sent by mail or an email) regarding your decision to withdraw from this contract. You may use the attached sample withdrawal form for this purpose, though its use is not required.
To comply with the cancellation period, it is sufficient that you send notification of your intention to exercise your right of cancellation before the cancellation period expires.
Consequences of Cancellation
If you cancel this contract, we must refund all payments we have received from you, including delivery costs (with the exception of any additional costs resulting from your choice of a delivery method other than the least expensive standard delivery option we offer), without undue delay and no later than 30days from the day on which we receive notice of your withdrawal from this contract. We will use the same payment method for this refund that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees in connection with this refund.
We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever comes first.
You mustreturn or hand overthe goods to us immediately and, in any case, no later than 30days from the date on which you notify us of your withdrawalfromthis contract. The deadline is met if you ship the goods before the30-day period expires.
You are responsible for the direct costs of returning the goods.
You are only liable for any loss in value of the goods if this loss is attributable to handling of the goods that goes beyond what is necessary to assess their condition, characteristics, and functionality.
Grounds for Exclusion or Termination
The right of withdrawal does not apply to contracts
- for the delivery of goods that are not prefabricated and for which the consumer’s individual selection or specification is decisive for their manufacture, or that are clearly tailored to the consumer’s personal needs;
- for the delivery of goods that are likely to spoil quickly or whose expiration date would be exceeded quickly;
- for the delivery of alcoholic beverages whose price was agreed upon at the time the contract was concluded, but which can be delivered no earlier than 30 days after the contract was concluded and whose current value depends on market fluctuations over which the business has no control;
- for the delivery of newspapers, magazines, or periodicals, with the exception of subscription contracts.
The right of withdrawal expires early for contracts
- for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
- for the delivery of goods if, after delivery, they have become inseparably mixed with other goods due to their nature;
- for the delivery of audio or video recordings or computer software in sealed packaging, if the seal has been broken after delivery.
Sample Cancellation Form
(If you wish to cancel the contract, please fill out this form and return it.)
- To SUND Digital GmbH & Co. KG, Victoriaallee 1, 22143 Hamburg, email address:info@gardenflare.com:
- I/we (*) hereby cancel the contract I/we (*) entered into for the purchase of the following goods (*)/
the provision of the following service (*)
- Ordered on (*)/ received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only for paper notifications)
- Date
(*) Delete as appropriate.