CANCELLATION POLICY
Consumers are entitled to a right of withdrawal according to the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor to his independent professional activity:
CANCELLATION POLICY
RIGHT OF REVOCATION
You have the right to cancel this contract within 30 days without giving any reason.
The revocation period is 30 days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods.
To exercise your right of withdrawal, you must inform us (probrake GmbH, Fritz-Schieler-Straße 3, 79331 Teningen, Germany, Tel.: 07641 9570 444, Fax: 07641 9570 446, E-Mail: info@probrake.de) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You may use the enclosed model withdrawal form for this purpose, which is, however, not mandatory.
To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
CONSEQUENCES OF THE REVOCATION
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within 30 days from the day on which we received the notification 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 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 event no later than 30 days from the day on which you notify us of the cancellation of this contract. The deadline shall be deemed to have been met if you send off the goods before the 30-day period has expired.
You shall bear the direct costs of returning the goods.
You 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.
EXCLUSION OR PREMATURE EXPIRY OF THE RIGHT OF WITHDRAWAL
The right of withdrawal 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.
The right of withdrawal does not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
The consumer must pay compensation for a loss in value of the goods if
1) the loss in value is due to handling of the goods which was not necessary for checking the quality, characteristics and functioning of the goods, and
2) the trader has informed the consumer of his right of withdrawal in accordance with Article 246a § 1 paragraph 2 sentence 1 number 1 of the Introductory Act to the Civil Code.
GENERAL INSTRUCTIONS
1) Please avoid damage and contamination of the goods. Please return the goods to us in the original packaging with all accessories and with all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure adequate protection against transport damage.
2) Please do not return the goods to us freight collect.
3) Please note that the aforementioned items 1-2 are not a prerequisite for the effective exercise of the right of withdrawal.
Instructions for cancellation & Cancellation form
A. Instructions for cancellation
Introduction
Consumers, i.e. any individual acting for purposes which are wholly or mainly outside those individual’s trade, business, craft or profession, are entitled to cancel any contract on the following conditions:
Right to cancel
You have the right to cancel this contract within 30 days without giving any reason.
The cancellation period will expire after 30 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
Deviating hereof, in the case of a contract for regular delivery of goods during a defined period of time, the cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you, acquires physical possession of the first good.
To exercise the right to cancel, you must inform us (probrake GmbH, Fritz-Schieler-Str. 3, 79331 Teningen, Germany, Phone.: 07641 - 95 70 444, Fax: 07641 - 95 70 446, e-mail: info@probrake.de) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you choose a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and not later than fourteen days after the day on which we are informed about your decision to cancel this contract. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods
Exclusion and/or premature expiration of the right to cancel
The right to cancel is excluded for contracts for the supply of goods that are made to the consumer’s specifications or are clearly personalized.
The right to cancel does not apply for consumers who, at the time of concluding the contract, are not nationals of a member state of the European Union and whose exlusive residence and address of delivery are located outside of the European Union.
Related / Financial Transactions
If you finance this contract by means of a loan and cancel it later, you are also no longer bound by the loan agreement, provided that both contracts form an economic unit. This is particularly true if we are at the same time your lender or if your lender makes use of our cooperation regarding the financing. If we have already received the loan by the time the cancellation becomes effective or the goods are returned, your lender, concerning his relation to you, will enter into our rights and obligations arising from the financed contract with regard to the legal consequences of the cancellation or return. The latter does not apply if the present contract relates to the acquisition of financial instruments (e.g. securities, foreign exchange, or derivatives). If you want to avoid a contractual commitment to the extent possible, you should make use of your right to cancel and you should also cancel the loan agreement in the event that you have the right to cancel it.
General information
1) Please prevent damage to and contamination of the goods. Please return the goods, if possible, in the original packaging with all accessories and all packaging components. If necessary, please use protective outer packaging. If you are no longer in possession of the original packaging, please use suitable packaging providing adequate protection against potential transport damage.
2) Please do not return the goods freight forward.
3) Please note that the above general information in section 1 and 2 is not a precondition for effectively exercising your right to cancel.
B. Cancellation form
If you wish to cancel this contract, please complete and submit this form.
probrake GmbH
Fritz-Schieler-Str. 3
79331 Teningen
Germany
Fax: 07641 - 95 70 446
e-mail: info@probrake.de
I/We (*) hereby give notice that I/We (*) cancel my/our (*) contract of sale of the following goods (*) /for the supply of the following service (*),
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Ordered on (*) ____________ / received on (*) __________________
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Name of consumer(s)
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Address of consumer(s)
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Signature of consumer(s) (only if this form is notified on paper)
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Date
(*) Delete as appropriate