§ 4 – Right of withdrawal
(1) A customer who purchases as a consumer has a right of withdrawal in accordance with the statutory conditions.
(2) A consumer is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor to his independent professional activity.
(3) The provider grants a consumer with permanent residence outside Germany a right of withdrawal in accordance with the above paragraphs even if the consumer's national law does not provide for a right of withdrawal or ties the withdrawal to a shorter period of time or to a stricter form than regulated here.
§ 5 – Warranty (liability for defects)
(1) The purchaser shall have warranty claims (also known as liability rights for defects) in accordance with the statutory provisions, unless otherwise stated in the following paragraphs.
(2) If the purchaser is a consumer, the limitation period for warranty claims for the used goods offered may be shortened to one year if and to the extent that the consumer was specifically informed of the shortening of the limitation period before submitting his contractual declaration and the shortening of the limitation period was expressly and separately agreed in the contract.
(3) If the purchaser is not a consumer, the parties hereby agree on a limitation period for warranty claims for the used goods offered that is reduced to one year.
(4) However, a shortened limitation period shall in no case apply to claims based on injury to life, body or health, nor to claims for other damages that are based on a grossly negligent or intentional breach of duty by the provider, its legal representatives or its vicarious agents.
§ 6 – Out-of-court dispute settlement
(1) For the out-of-court settlement of consumer disputes, the European Union provides an online platform (“ODR platform”) at the address ec.europa.eu/consumers/odr.
(2) We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
Information on the consumer right of withdrawal
Cancellation policy for goods delivered by post
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.
To exercise your right of withdrawal, you must inform us (Domenico Talarico, Lepsiusstr. 8, 12163 Berlin, telephone 01756774479, email dodo.vintage@gmx.de) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email). You can use the attached model withdrawal form for this purpose, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund.
We may refuse repayment until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period.
You will bear the direct cost 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 handling of the goods which is not necessary to check their quality, properties and functioning.
Exceptions to the right of withdrawal
The right of withdrawal does not apply to contracts for the delivery of goods which are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back)
— Domenico Talarico, Lepsiusstr. 8, 12163 Berlin, Telephone 01756774479, Email dodo.vintage@gmx.de:
— I/we (*) hereby revoke the contract concluded by me/us (*) 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 if notification is on paper)
- Date
(*) Delete as appropriate.
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