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Cancellation policy from startuptogo

Cancellation policy from www.startuptogo.org

 

(1) When concluding a distance selling transaction, consumers generally have a statutory right of withdrawal, about which the provider will provide information based on the statutory template below. The exceptions to the right of withdrawal are regulated in paragraphs (2), (4), (5) and (6). A sample withdrawal form can be found in paragraph (3). 

 

         a. Right of withdrawal 

You have the right to revoke this contract within fourteen days without giving reasons.

The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods. In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, a WhatsApp message or an e-mail). You can use the attached sample revocation form for this, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send the notification of exercising your right of cancellation before the cancellation period has expired. 

 

         b. Consequences of revocation

If you revoke this contract, we have paid you all payments that we have received from you, including delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the cheap standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances 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 earlier. You must return or hand over the goods to us immediately and in any event no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send off the goods before the period of fourteen days has expired. 

You bear the direct costs of returning the goods. This does not apply if the goods are of such a nature that they cannot be returned by post and we brought them to your home when the contract was concluded. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. 

 

(2) The right of withdrawal does not exist if the customer has the item customized. Articles are individualized if, according to § 312g II No. 1 BGB, the goods are not prefabricated and an individual selection or determination by the consumer is decisive for their production or if they are clearly tailored to the personal needs of the consumer. This applies in particular to items for which a declaration was made to the seller when ordering or in addition, certain personalization requests can be made to the item (e.g. lettering, engravings, etc.) and these personalization requests significantly increase the chances of resale to other people after production impaired.

 

(3) The provider informs about the model cancellation form according to the legal regulation as follows: 

 

  Sample withdrawal form 

(If you want to revoke the contract, you can fill out this form and send it to us.) 

 

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 consumer(s)

Address of consumer(s)

Signature of consumer(s) 

(only if notification is on paper)

date

(*) Cross out what is not applicable 

 

(4) Insofar as it is a contract for the provision of digital content that is not on a physical data carrier, the following applies: The cancellation period begins with the conclusion of the contract. The digital product will only be sent to the customer after the cancellation period has expired. If the customer wants to receive the digital product before the cancellation period has expired, he must expressly declare that he would like to receive the digital product before the cancellation period has expired and that he waives his right of cancellation and that he is aware that his right of cancellation expires as a result of this declaration. In the case of a contract that does not oblige the consumer to pay a price, the right of withdrawal expires when the entrepreneur has started to perform the contract. 

 

(5) Insofar as the goods are digital products, which are developed according to the customer's specifications, iSd § 327 IV BGB, paragraph IV of this cancellation policy applies accordingly, with the proviso that the provider only after the cancellation period with the development of the product begins. If the customer wants the development of the digital product to start before the end of the cancellation period, he must expressly declare that he wants to start developing the digital product before the end of the cancellation period and that he waives his right of cancellation and that he is aware of this has that his right of withdrawal expires with this declaration. 

 

(6) Entrepreneurs have no right of withdrawal. 

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