Right of withdrawal
Right of withdrawal
Consumer iSd. § 13 of the German Civil Code (BGB) have a statutory right of revocation when concluding a distance selling transaction, about which they are instructed as follows in accordance with the statutory regulations :
Right of withdrawal
You have the right to cancel 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, have taken possession of the last goods.
To exercise your right of withdrawal, you must inform us (Clematiskulturen F.M. Westphal, Peiner Hof 7, 25497 Prisdorf, phone: +49 (0) 4101 / 74104, fax: +49 (0) 4104 / 781113, e-mail: kontakt@clematis-westphal.de) by means of a clear statement (eg a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the attached cancellation form for this purpose, but it is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of 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 for this repayment. We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the deadline of fourteen days. You bear the direct costs of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to the handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.
Exceptions to the right of withdrawal
The right of withdrawal does not apply to the following distance contracts:
1. contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
2. contracts for the supply of goods that can spoil quickly or whose expiration date would be quickly exceeded;
3. 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;
4. contracts for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature;
5. contracts for the delivery of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery.
Sample cancellation form
If you want to cancel the contract, please fill out this form and send it back to :
Clematis cultures F.M. Westphal,
Peiner yard 7
25497 Prisdorf
Fax: 04101-78 11 13
mail: kontakt@clematis-westphal.de
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following services (*) :
………………………………………………………………………………
Ordered on (*) / received on (*) : ………………………………………….
Name of consumer(s) : ………………………………………………..
Address of the consumer(s) : …………………………………………….
Date , Signature of consumer(s) : …………………………………
(*) Delete as applicable
