Consumers’ right to cancel
Consumers are entitled to a right to cancel under the following terms. For the purpose of these STCs a consumer is any individual entering into a legal transaction for purposes that cannot be attributed mainly to either their trading or their self-employed activity.
A firm or company as buyer can therefore never be a consumer. A person who buys something for himself is always a consumer. Between the two there can be the sole trader, the self-employed person or the freelancer, or similar. In such cases it depends. An example: if a solicitor purchases, it depends whether he is buying for his practice or privately for himself. In case of doubt the capacity of consumer can be assumed.
Information on cancellation
Right to cancel the contract
You have the right to cancel this contract within fourteen days without stating 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, if you ordered an item or several items in one single order and the item is or items are delivered as a whole;
on which you or a third party named by you who is not the carrier took possession of the last item, if you ordered several items in one single order and the items are delivered separately;
on which you or a third party named by you who is not the carrier took possession of the last consignment or the last piece if you ordered goods delivered in several consignments or pieces.
If it is a case of several of the aforegoing alternatives, the cancellation period does not begin until you or a third party named by you who is not a carrier took possession of the last item or the last consignment or the last piece.
To exercise your right to cancel you must inform us (Firma PICARD Lederwaren GmbH & Co. KG, Friedensstraße 22, D-63179 Obertshausen, tel. +49 6104/704-0, fax +49 6104/704-104, e-mail address firstname.lastname@example.org) by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to cancel this contract. You may use the attached Cancellation Form to do so, but it is not obligatory.
To comply with the cancellation period it suffices for you to send the communication about exercising the right to cancel before the end of the cancellation period.
Consequences of the cancellation
If you cancel this contract we are required to refund you all payments we received from you including the delivery costs (excluding additional costs incurred by your choosing a type of delivery different from the least costly standard delivery offered by us) promptly and by not later than fourteen days from the day we received the communication about your cancellation of this contract. For this return payment we use the same means of payment you used in the original transaction, unless explicitly agreed otherwise with you; under no circumstances will you be charged for the refund.
We can refuse repayment until we have received the goods back or until you have proven that you have sent the goods back, whichever is earlier.
You are required to send or give back the goods promptly and at all events by not later than fourteen days after you notify us of the cancellation of this contract to us. The time limit is complied with when you dispatch the goods before the end of the fourteen-day time limit.
We bear the costs of returning the goods for all customers from Germany. You bear the direct costs of returning the goods if you live outside Germany.
You only have to cover the loss in value of the goods if this loss in value is due to a handling of the goods that is not necessary for checking the quality, features and functioning of the goods.
Exclusion or premature lapse of the right to cancel
There is no right to cancel contracts
for delivering goods that are not pre-manufactured and for the manufacture of which an individual selection or stipulation by the consumer plays a significant part or the manufacture is tailored clearly to the consumer’s personal requirements;
for delivering goods that can quickly perish or whose use-by date would soon be exceeded;
for delivering alcoholic beverages whose price was agreed upon the conclusion of the contract but which can be delivered not earlier than 30 days after the conclusion of the contract and whose current value depends on market fluctuations over which the trader has no influence;
- for delivering newspapers, journals or magazines with the exception of subscription contracts.
The right to cancel lapses prematurely with contracts
for delivering sealed goods which for reasons of health protection or hygiene are not suitable for returning if their seal was removed after delivery;
for delivering goods which after being delivered were inseparably mixed with other goods by virtue of their nature;
for delivering audio or video recordings or computer software in sealed packaging if the seal was removed after delivery.
Cancellation Form template
(If you wish to cancel the contract, fill in this form and return it to us.)
PICARD Lederwaren GmbH & Co. KG
I/We (*) hereby cancel the contract I/we (*) concluded regarding the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/Received on (*):
(*) Delete where applicable
You can download the Cancellation Form here.