A consumer is any natural person who completes a legal transaction for purposes that are for the most part not attributable to any professional activity of either a commercial or self-employed nature they engage in.
Right of cancellation
You have the right to cancel this contract without giving reasons within a fourteen-day cancellation period that begins on the day on which you or a third party nominated by you (you cannot nominate the carrier) take(s) receipt of the goods. In order to exercise your right of cancellation you must notify us
of your decision to cancel this contract by means of an unequivocal declaration (e.g. in the form of a letter sent by post, a fax or an email). You can – but are not obliged to – use the cancellation form template appended to this cancellation policy. You will be deemed to have complied with the aforementioned cancellation period if your letter, fax or email notifying us of the use of your right of cancellation was sent prior to the expiry of the cancellation period.
Consequences of cancellation
If you cancel this contract we are required to pay back all payments we have received from you (including shipping costs but excluding additional costs incurred as a result of you selecting a different shipping option to the standard, lowest cost shipping option we offer) without delay and within a maximum period of fourteen days from the date on which we receive your letter, fax or email notifying us of the cancellation of the contract. Repayment occurs using the same payment type you used for the original transaction unless otherwise agreed with you; under no circumstances will you be charged any fees in connection with repayment. We reserve the right to refuse repayment until such time as we have taken receipt of the returned goods or until such time as you have provided evidence that you have returned the goods (whichever is the earlier point in time). You are required to return the goods to us without delay and within a maximum period of fourteen days from the date on which you notify us of the cancellation of this contract. You will be deemed to have complied with the aforementioned returns period if you dispatch the goods before the expiry of the fourteen-day period.
You are liable for the direct cost of returning the goods.
You are only liable for any depreciation in the value of the goods if such depreciation is attributable to the non-essential handling of the goods by you for purposes other than the verification of the nature, properties and functionality thereof.
Cancellation form template
(If you wish to cancel the contract please fill out this form and send it back to us.)
– To MAX-SUE e.U., Grazerstrasse 59, 8062 Kumberg, E: email@example.com
– I/we (*) hereby cancel the contract I/we (*) concluded for the purchase of the following goods (*)/ the delivery of the following service (*)
– Ordered (*)/Received (*)
– Name of consumer(s)
– Address of consumer(s)
– Signature of consumer(s) (only required if the cancellation is submitted in paper form)
(*) Delete as appropriate.
Exclusion and premature expiry of the right of cancellation
The right of cancellation does not apply to contracts forthe
supply of goods that are not prefabricated and whose fabrication is either defined by the options selected and purposes intended by the consumer or clearly tailored to the personal requirements of the consumer;
the supply of goods that may perish quickly or quickly exceed their expiry date;
the supply of alcoholic drinks for which a price was agreed at the time of the conclusion of the contract but which can only be delivered 30 days after the conclusion of the contract at the earliest and whose current value is subject to fluctuation on the market over which the entrepreneur has no influence;
the supply of newspapers, journals or glossy magazines to the exception of those for which a subscription exists.The right of cancellation expires prematurely in the instance of contractsfor the supply of sealed goods which, for reasons of health protection or hygiene, are deemed unsuitable for return insofar as their seal was broken after delivery;for the supply of goods which, as a result of their nature, were inseparably mixed with other goods further to delivery;the supply of audio or video recordings or computer software in a sealed package insofar as their seal was removed after delivery.