Right of withdrawal
Right of withdrawal for consumers (a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside his or her trade, business or profession).
Right of withdrawal
You have the right to cancel this contract within 14 days without giving any reason.
The withdrawal period is 14 days from the date,
- on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods, if you have ordered one or more goods as part of a uniform order and these are or will be delivered uniformly;
- on which you or a third party named by you, who is not the carrier, have taken possession of the last goods or has taken possession of the last goods if you have ordered several goods as part of a uniform order and these are delivered separately;
- on which you or a third party named by you, who is not the carrier, have taken possession of the last partial consignment or the last piece, if you have ordered goods that are delivered in several partial consignments or pieces;
In order to exercise your right of withdrawal, you must inform us (Eric:Barbier GmbH, Ballindamm 36, 20095 Hamburg, telephone no.: +49 40 32 901 700, e-mail address: email@example.com) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, which is, however, not mandatory.
To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period.
Consequences of revocation
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within 14 days from the day on which we received the notification of your withdrawal from 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 repayment 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 or to Eric:Barbier GmbH, Ballindamm 36, 20095 Hamburg, Germany without delay and in any case no later than 14 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 expiry of the 14-day period.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.
Reasons for exclusion or expiry
The right of withdrawal does not apply to contracts
- for the supply of goods which 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;
- for the supply of goods which may spoil quickly or whose expiry date would be quickly exceeded;
- for the supply of alcoholic beverages the price of which was agreed at the time of the conclusion of the contract but which cannot be supplied until at least 30 days after the conclusion of the contract and the current value of which depends on fluctuations in the market over which the trader has no control;
- for the supply of newspapers, periodicals or magazines with the exception of subscription contracts.
The right of withdrawal expires prematurely in the case of contracts
- for the delivery of sealed goods which 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 they have been inseparably mixed with other goods after delivery due to their nature;
- for the delivery of audio or video recordings or computer software in a sealed package if the seal was removed after delivery.
Sample cancellation form
(If you wish to revoke the contract, please complete and return this form).
- To Eric:Barbier GmbH, Ballindamm 36, 20095 Hamburg, e-mail address: firstname.lastname@example.org :
- 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 in case of paper communication)
(*) Delete as applicable.