Right of withdrawal
Right of withdrawal
(1) Existence of a right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal 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 last goods.
The right of withdrawal does not apply if the customer is an entrepreneur within the meaning of § 14 of the German Civil Code (BGB) and, at the time the contract is concluded, is acting in the exercise of their commercial or independent professional activity.
(2) Exercising the right of withdrawal
To exercise your right of withdrawal, you must inform us (fakenoise rec., Geschmacksachen Media GmbH, Obere Landwehr 4a, 97204 Höchberg, Germany, shop@fakenoise.de) by means of a clear statement (e.g. a letter sent by post or an email) of your decision to withdraw from this contract. No specific form is required.
For this purpose you may use the model withdrawal form of the German Federal Ministry of Justice, available at https://www.bmjv.de/DE/service/formulare/form_widerrufsrecht/form_widerrufsrecht_node.html, although this is not mandatory.
If you make use of this option, we will send you a confirmation of receipt of such a withdrawal without delay (e.g. by email).
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
(3) Consequences of withdrawal
If you withdraw from this contract, we and you are no longer bound by the declarations of intent aimed at concluding the contract. We shall reimburse all payments we have received from you, including delivery costs (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received notice of your withdrawal from this contract. For this repayment we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees as a result of 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 the earlier. This right of retention does not apply if we have offered to collect the goods. You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods if this diminished value is due to handling that was not necessary for checking the nature, characteristics and functioning of the goods.