Right of withdrawal
Right of withdrawal for consumers
Below you will find information about the requirements and consequences of the statutory right of withdrawal for mail orders. A contractual granting of rights beyond the law is not associated with this. In particular, the statutory right of withdrawal is not available to commercial resellers.
You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods.
To exercise your right of withdrawal, you must notify us:
August Gärtner Gärtnerdesign Lichtobjekte
Motzener Straße 6, Gebäude B1
Phone: +49 30 335 90 93
fax: +49 30 336 30 04
by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You can use the attached sample withdrawal form for this purpose, but it is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of 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 case will you be charged any fees because 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.
You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.
Exceptions to the right of withdrawal
There are legal exceptions to the right of withdrawal (§ 312g BGB), whereby we reserve the right to invoke the following regulations against you:
A right of withdrawal does not exist for 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.
It may expire prematurely for 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, as well as for contracts for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature, as well as for contracts for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.
We mark the offers for you if we want to invoke one of the exceptions.
Items excluded from revocation
All items that are custom made for customers after the order is completed are excluded from exchange. These are items where the lengths of the lamps, lengths of the holding arms etc. are made extra.
According to § 312g paragraph 2 No. 1 BGB, the consumer has no right of withdrawal if goods are ordered, which is not prefabricated and for the manufacture of which an individual selection or determination by the customer is relevant or which are clearly tailored to the personal needs of you as a consumer (customer specification).
The personalized goods are economically worthless for the seller after production insofar as the subsequent sale becomes impossible due to the customer specification and the individual production that has taken place.
Expiry of the right of withdrawal
The right of withdrawal expires prematurely if we have started the execution of the contract after you have expressly agreed that we start the execution of the contract before the expiry of the withdrawal period and you have confirmed your knowledge that you lose your right of withdrawal by your agreement with the start of the execution of the contract.
The Withdrawal Form
The “sample withdrawal form” mentioned in the previously listed cancellation policy is reproduced below. You do not have to use it.
Sample cancellation form
(If you wish to revoke the contract, please complete and return this form).
– To August Gärtner Gärtnerdesign Lichtobjekte, Motzener Straße 6, Building B1, 12277 Berlin, Fax: +49 30 336 30 04, E-Mail: firstname.lastname@example.org
– 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 paper communication)
You can find more details about this in our Terms and Conditions.