THE CONSUMER’S RIGHT TO CANCEL
Consumer means any natural person or individual entering into a legal transaction for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession.
Right to cancel
You have the right to cancel this contract within fourteen days without having to justify your withdrawal. The cancellation period is fourteen days from the date when you or a third party appointed by you and not the carrier charged with transporting the goods have/has taken possession of the goods. To exercise your right to cancel the contract, you must inform us (Exclusive Coffee, Kaiserin-Augusta-Allee 101-103, 10553 Berlin, Germany, email: email@example.com) of your respective intention in writing in the form of a clear statement to that effect (e.g. a letter sent by post or an email). You are welcome to use the example cancellation notice provided below, although this is not mandatory. To meet the cancellation deadline, it is sufficient for you to notify us of your intention to exercise your right to cancel before the cancellation period has expired.
Consequences of cancellation
When you cancel this contract, we shall be legally obliged to return all payments we have received from you, including monies received for delivery charges (with the exception of the additional costs resulting from your choice of another type of delivery than the cheapest standard delivery offered by us), immediately to you and at the latest within fourteen days of the date on which you have notified us of your cancellation of this contract. For this refund, we shall use the same payment method you used for the initial transaction unless an alternative course of action has been explicitly agreed with you; either way, we shall never make charges for refunds. We shall be entitled to withhold the refund until you have returned the goods to us, or until you have provided evidence that you have sent the goods back to us, whichever is the earliest date. You must send or return the goods to us immediately and in either case at the latest within fourteen days of the date on which you notified us of your cancellation of this contract. The deadline shall be met if you dispatch the goods to us prior to expiry of the fourteen day period.
You shall bear the direct costs associated with the return of the goods.
You will only have to pay for any potential loss in the value of the goods if their subsequent diminished value is due to the fact that the goods were handled in a way that goes beyond ascertaining their nature, properties and functioning.
Example cancellation notice
(If you wish to cancel the contract, please complete this form and return it to us.)
I/We (*) hereby give notice that I/we (*) wish to cancel the contract I/we have concluded regarding the purchase of the following goods:
Ordered on (*)/received on (*):
Consumer signature (necessary only if notice is given on paper):
(*) Please delete as applicable.
Exemptions and/or early loss of the right to cancel
The cancellation and refund rights do not apply
- to goods that are not prefabricated and were manufactured in such a way that the consumer’s individual choice or the purpose of the goods has a significant impact on their design or that they have clearly been customised according to the consumer’s personal requirements;
- to goods which are liable to deteriorate or expire rapidly;
- to alcoholic drinks at a price which has been agreed at the time of the conclusion of the sales contract but where delivery of them can only take place after 30 days and their value is dependent on fluctuations in the market which cannot be controlled by the trader;
- to newspapers, periodicals or magazines with the exception of subscription contracts for the supply of such publications.
The cancellation and refund rights cease to be available
- in the case of a contract for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons if they become unsealed after delivery;
- to goods which have become mixed inseparably (according to their nature) with other items after delivery.
The modalities stated in the above section on “Returns” are not a prerequisite for the legally effective exercise of the right to cancel in accordance with the section on “Information regarding the consumer’s right to cancel”.
Customers are asked to inform the Seller (email: firstname.lastname@example.org) in advance of the fact that they are returning goods. This allows the Seller to allocate the products as quickly as possible.
Customers are also asked to send the goods back to the Seller as a prepaid parcel, and to retain the certificate of posting. The buyer is responsible for the mailing costs.
Customers are asked to take care not to soil, impair or otherwise damage the goods. If at all possible, the goods should be sent back to the Seller in their original packaging and including all accessories. If the buyer no longer has the original packaging, the goods should be suitably packaged to protect them against damages in transit in order to prevent a potential claim for compensation from the Seller due to damages sustained in consequence of inadequate protection.