Right of Withdrawal & Withdrawal Form
Right of Withdrawal
Right of Withdrawal 1
Right of Withdrawal for Consumers
The right of withdrawal does not exist If you are an entrepreneur in the sense of Section 14 of the German Civil Code (BGB) and act in the exercise of your commercial or independent professional activity during the conclusion of the contract (an entrepreneur is a natural or legal person or a partnership with a legal capacity [a partnership with a legal capacity is a partnership endowed with the capacity to acquire rights and incur liabilities] which acts in the exercise of its commercial or independent professional activity during the conclusion of a legal transaction). The following applies for consumers (a consumer is any natural person who concludes a legal transaction for purposes which, predominantly, can neither be attributed to his or her commercial or independent professional activity):
Information on Withdrawal
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days of entering it without needing to provide a 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 have/has taken the goods into your/his or her possession.
In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from the contract by contacting us at
Sevic Systems SE:
Managing Director: Gilbert Jost
Tel.: +49 (0) 2327 327 450
Fax: +49 (0) 2327 327 – 108
and by providing us with a clear declaration of your intent to do so (e.g. a letter sent by post, a telefax or an email). To this end, you may use the attached withdrawal form. However, this is not mandatory. In order to comply with the withdrawal deadline, it is sufficient for you to have dispatched notification that you wish to exercise your right to withdrawal before the expiration of the withdrawal deadline.
The Consequences of Withdrawal
Should you withdraw from this contract, we are obliged to reimburse all payments which we have received from you including delivery costs (excepting additional costs incurred as a result of your choosing a method of delivery other than the cheapest standard delivery offered by us) without any undue delay and not later than fourteen days from the day on which notification of your intention to withdraw from this contract was received by us. To make this reimbursement, we will use the same method of payment used by you for the original transaction unless another method has explicitly been arranged with you; under no circumstances will you charged any fees for this reimbursement.
We may refuse to reimburse you until you have returned the goods to us or until you are able to offer us proof that you have sent the goods back to us, whichever is earlier.
You must send the goods back to us or hand them over to us without any undue delay and not later than fourteen days from the day on which you informed us of your wish to withdraw from this contract. This deadline will have been met where you dispatch the goods prior to the expiration of the deadline of fourteen days.
You are liable for the direct cost of returning the goods.
You will only be liable for any loss in the goods’ value where this loss of value can be attributed to a handling of the goods which was not necessary as part of an inspection of the goods’ condition, properties and functioning.
Exclusion of the Right of Withdrawal
The Right of Withdrawal does not exist for the following contracts:
1. Contracts for the supply of goods which are not prefabricated and where an individual selection or determination given by the consumer was decisive in their manufacture or which are clearly customised to suit the consumer’s personal needs,
2. Contracts for the supply of goods which can perish rapidly or whose expiration date will elapse quickly,
3. Contracts for the supply of sealed goods which, owing to health protection or hygiene reasons, are not suitable for return where their seal has been removed after delivery,
4. Contracts for the supply of goods where these have been inseparably mixed with other goods after delivery due to their nature,
5. Contracts for the supply of alcoholic beverages whose price was arranged during 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 contingent on fluctuations on the market over which the contractor has no influence,
6. Contracts for the supply of audio or video recordings or computer software in sealed packages where the seal was removed after delivery,
7. Contracts for the supply of newspapers, journals or magazines with the exception of subscription contracts.
Should you finance this contract with a loan and subsequently withdraw from it, you are also released from the loan contract insofar as both contracts constitute a single economic unit. This is to be assumed in particular if we are simultaneously acting as your loan provider or if your loan provider avails himself or herself of our assistance with regard to the financing. Should the loan amount have already been received by us when the withdrawal takes effect or when the goods are returned, your loan provider will take your place with respect to our rights and obligations as stipulated in the financed contract with regard to the legal consequences of the withdrawal or return of the goods. The latter will not apply where the present contract has the acquisition of financial instruments as its subject (e.g. securities, foreign exchange or derivatives). Should you wish to avoid a contractual commitment as far as possible, make use of your right of withdrawal and also withdraw from the loan contact where you are also entitled to withdraw from it.