The right to withdraw from the Agreement
- The Consumer who concludes a distance agreement can withdraw form sales agreement without giving reasons for a cooling-off period of 14 days.(§ 312g BGB or § 355 BGB.)
- The Consumer who concludes a distance agreement can terminate an agreement for services or an agreement for delivery of digital content that is not delivered on a physical carrier without giving reasons during at least 14 days.
- The lapse of the period for withdrawing from the agreement starts at:
1) For a sale agreement – from the Consumer, or a third party appointed by the Consumer other than the courier, taking possession of the product and, for an agreement including many products delivered separately, in batches or in parts – from acquiring the ownership of the last product, batch or part;
2) For other agreements – from the date of concluding the agreement.
- The Customer may compose the declaration by himself or use the form of declaration of withdrawal from Agreement (Appendix No 1).
- To exercise your right of withdrawal, you must inform us:
– Everyfitday Wojciech Pawlowski Grzegorz Hebrowski Gbr , Oberwerder Damm 11-21, 20539 Hamburg, firstname.lastname@example.org.
- Upon receipt of the Consumer’s declaration of withdrawal from the Agreement, the Seller shall send a confirmation of receipt of the declaration of withdrawal from Agreement to the Consumer’s electronic mail address.
- In the case of withdrawal from a distance Agreement, such an Agreement shall be deemed not concluded. What the parties have rendered shall be returned in an unchanged condition, unless the change was necessary within the scope of the ordinary management, in particular to determine the nature, features and functioning of the item. The Goods should be returned immediately, not later than within 14 days.
- The purchased Goods should be returned to the address of the Seller.
Everyfitday Wojciech Pawlowski Grzegorz Hebrowski Gbr , Oberwerder Damm 11-21, 20539 Hamburg.
- The Seller shall immediately, but not later than within 14 days from receipt of the Consumer’s declaration on withdrawal from the Agreement, return to the Consumer all the payments he has made, including the costs of delivery for the Goods. The Seller shall refund the payment with the same method of payment as was used by the Consumer, unless the Consumer agrees to another way of refund, whereas such a refund shall not generate any cost for the Consumer.
- The Seller may withhold the refund of payment received from the Consumer until he receives the returned item or the Consumer provides a proof of its return dispatch, whichever comes first, unless the Seller offered to pick up the item from the Consumer by himself.
- If the form of delivery of the Goods selected by the Consumer is other than the least expensive, regular form of delivery offered by the Seller, the Seller shall not be obliged to refund to the Consumer any additional costs he has incurred.
- The Customer shall only incur the direct cost of return of the Goods, unless the Seller has agreed to incur that cost.
Exclusion of the right of withdrawal
- The right of revocation does not apply to contracts
- for the delivery of goods that 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 delivery of goods that can spoil quickly or whose expiry date would be exceeded quickly;
- The right of revocation expires prematurely in the case of contracts :
- for the delivery of sealed goods that 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, after delivery, they have been inseparably mixed with other goods due to their nature; if the seal has been removed after delivery.
Sample withdrawal form
(If you want to cancel the contract, please fill out this form and send it back to)
– Everyfitday Wojciech Pawlowski Grzegorz Hebrowski Gbr , Oberwerder Damm 11-21, 20539 Hamburg…email@example.com…
– 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 notification on paper)
(*) Delete as appropriate.