1. Consumer Buyer can terminate the Distance Agreement within the Cooling-Off Period.
2. Consumer Buyer communicates this termination of the Distance Agreement to User using the Model Withdrawal Form, via an electronic form offered by User for this purpose on its website, or through any other unambiguous means.
3. The Cooling-Off Period is 14 Days.
4. The day of receipt is the day on which Consumer Buyer, or a third party designated by Consumer Buyer to receive the product, or a third party receiving the product on behalf of Consumer Buyer, except the carrier, receives the product (hereinafter: the Day of Receipt).
5. The Cooling-Off Period referred to in clause 3 commences on:
a. the day following the Day of Receipt;
b. in case Consumer Buyer has ordered multiple products in a (1) order, the Day of Receipt of the last product;
c. in case Consumer Buyer’s order contains a product delivered in multiple shipments or consisting of multiple components, the Day of Receipt of the last shipment or last component;
d. in the event of regular delivery of products over a specified period, the Day of Receipt of the first product.
For Services and Digital Content:
6. Consumer Buyer can terminate the Distance Agreement in accordance with clauses 1 and 3 of this article if the Distance Agreement pertains to the delivery of a service or digital content that is not delivered on a tangible medium, and Consumer Buyer has not given explicit, prior consent – through explicit declaration – to waive their right of withdrawal.
a. In case of clause 6, the Cooling-Off Period mentioned in clause 3 starts on the day the Distance Agreement is concluded.
b. If User has not provided the legally required information regarding the right of withdrawal or the Model Withdrawal Form for an agreement as described in clause 6, the Cooling-Off Period expires 14 Days after User provides this information.
c. If User has not provided the legally required information regarding the right of withdrawal or the Model Withdrawal Form for an agreement as described in clause 6, the Cooling-Off Period expires at least 12 months after the Cooling-Off Period as stated in subclause a.
Obligations of Consumer Buyer:
7. During the Cooling-Off Period, Consumer Buyer may unpack or use the product to the extent necessary to establish the nature, characteristics, and functioning of the product, just as they would do in a physical store. Consumer Buyer must handle the product and packaging with care and limit the unpacking or use of the product to the minimum necessary, considering the purpose mentioned in this clause.
8. Consumer Buyer is liable for any diminished value that results from handling beyond what is necessary as described in clause 7.
9. If User has not provided Consumer Buyer with all legally required information regarding the right of withdrawal before or at the conclusion of the Distance Agreement, Consumer Buyer is not liable for the diminished value referred to in clause 7.
10. Consumer Buyer shall return the product, including all accessories, in its original condition and packaging, to the extent reasonably possible.
11. Consumer Buyer bears the costs of returning the product.
12. The burden of proof concerning clauses 7 through 11 rests with the Consumer Buyer.
13. Obligations of User upon Withdrawal: 13. If User enables Consumer Buyer to submit a withdrawal notice electronically and Consumer Buyer uses this option, User shall promptly send Consumer Buyer an acknowledgment of receipt after receiving the notice.
14. User shall reimburse all costs paid by Consumer Buyer without undue delay, in any case within 14 Days. If User offers to pick up the product themselves, they may delay the reimbursement of costs until they receive the product or Consumer Buyer demonstrates having returned the product. If, upon the conclusion of the Distance Agreement, Consumer Buyer has chosen a delivery method more expensive than the cheapest method offered by User, User may limit the refundable delivery costs to the costs of the cheapest method.
15. Exclusion of Right of Withdrawal: 15. User excludes the right of withdrawal for Consumer Buyer by indicating this in the offer or, in any case, in a timely manner before the conclusion of the agreement, for the following products/services:
a. Agreements relating to leisure activities, if the agreement provides for a specific date or period of performance;
b. Custom-made products, which are not prefabricated and are manufactured based on an individual choice or decision of the Consumer Buyer, or which are clearly intended for a specific person;
c. Products that have been irrevocably mixed with other products after delivery by their nature.
16. The right of withdrawal mentioned in this article is only applicable to Consumer Buyer if they have entered into a Distance Agreement with User.