Right of Withdrawal (English)
Consumers have a right of withdrawal within fourteen (14) days.
Right of Withdrawal Notice
Right of withdrawal
You have the right to withdraw from this contract within fourteen (14) days without giving any reason.
The withdrawal period shall be fourteen (14) days from the day on which you, or a third party other than the carrier and indicated by you, took possession of the last item.
To exercise your right of withdrawal, you must inform us:
Holland & Sons GmbH i. L. (in liquidation)
Vierlander Straße 7
21502 Geesthacht
Germany
Email: hello@hollandandsons.de
Phone: +49 (0)4152 890290
by means of a clear statement (e.g., a letter sent by post or an email) of your decision to withdraw from this contract. You may use the model withdrawal form below, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including delivery costs (except for the supplementary costs arising if you chose a type of delivery other than the least expensive standard delivery offered by us), without undue delay and in any event not later than fourteen (14) days from the day on which we are informed about your decision to withdraw from this contract.
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 such 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.
Return of goods
You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen (14) days from the day on which you communicate your withdrawal from this contract to us.
The deadline is met if you send back the goods before the period of fourteen (14) days has expired.
Return shipping costs (special rule for Germany):
We bear the direct costs of returning the goods if the return shipment takes place within Germany.
In all other cases, you bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Exclusion of the right of withdrawal
The right of withdrawal does not apply to contracts
-
for the supply of goods which are liable to deteriorate or expire rapidly;
-
for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they were unsealed after delivery.
Return labels (Germany)
Without prejudice to your statutory rights, we provide free return shipping labels for returns within Germany. If you use these return labels, the return is free of charge for you.
The return label will be provided to you by email. You may drop off the return parcel at a parcel shop of the respective carrier in Germany.
Model Withdrawal Form (English)
(If you wish to withdraw from the contract, please fill in this form and send it back.)
– To: Holland & Sons GmbH i. L. (in liquidation), Vierlander Straße 7, 21502 Geesthacht, Germany, Email: hello@hollandandsons.de
– I/We () hereby give notice that I/We () withdraw from my/our () contract of sale of the following goods ()/for the provision of the following service (*)
– Ordered on ()/received on ()
– Name of consumer(s)
– Address of consumer(s)
– Signature of consumer(s) (only if this form is notified on paper)
– Date
(*) Delete as appropriate.
Special notes (financed transactions)
If you financed this contract by a loan and later withdraw from it, you are no longer bound by the loan agreement either, provided that both contracts form an economic unit. This is particularly the case if we are your lender at the same time or if your lender uses our cooperation in financing.
If the loan has already been paid to us when the withdrawal becomes effective, your lender assumes our rights and obligations under the financed contract with regard to the legal consequences of withdrawal or return. This does not apply if the present contract concerns the purchase of financial instruments (e.g., securities, foreign exchange or derivatives).
If you wish to avoid contractual obligations as far as possible, exercise your right of withdrawal and also withdraw from the loan agreement if you are entitled to a right of withdrawal for that agreement.
(A ‘consumer’ is any natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities.)
Instructions for revocation
Revocation right
You have the right to revoke this contract within 14 days without specifying any reasons.
The revocation period is 14 days with effect from the day,
- on which you or a third party nominated by you, which is not the carrier, had taken possession of the products, provided you had ordered one or more products within the scope of a standard order and this/these product/products is/are delivered uniformly;
- on which you or a third party nominated by you, which is not the carrier, had taken possession of the last product, provided you had ordered several products within the scope of a standard order and these products are delivered separately;
- on which you or a third party nominated by you, which is not the carrier, had taken possession of the last part delivery or the last unit, provided you had ordered a product, which is delivered in several part deliveries or units;
To exercise your right of withdrawal, you must inform us (Holland & Sons GmbH, Vierlander Straße 13, 21502 Geesthacht, Telephone number: 04152 890290, E-Mail address: hello@hollandandsons.de) by means of a clear declaration (e.g. a letter sent by post, or an e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, which is, however, not mandatory.
In order to safeguard the revocation period, it is sufficient that you send the notification about the exercise of the revocation right before the expiry of the revocation period.
Consequences of the revocation
If you revoke this contract, we shall repay all the payments, which we received from you, including the delivery costs (with the exception of additional costs, which arise from that fact that you selected a form of delivery other than the most reasonable standard delivery offered by us), immediately and at the latest within 14 days from the day on which we received the notification about the revocation of this contract from you. We use the same means of payment, which you had originally used during the original transaction, for this repayment unless expressly agreed otherwise with you; you will not be charged any fees owing to this repayment.
We can refuse the repayment until the products are returned to us or until you have furnished evidence that you have sent the products back to us, depending on whichever is earlier.
You must return or transfer the products to us immediately and, in any case, at the latest within 14 days with effect from the day on which you inform us of the revocation of this contract. The deadline is maintained if you send the products before the expiry of the 14 day deadline.
We bear the costs for returning the products.
You must pay for any depreciation of the products only if this depreciation can be attributed to any handling with you that was not necessary for checking the condition, features and functionality of the products.
Criteria for exclusion or expiry
The revocation right is not available for contracts
- for delivery of products, which are not prefabricated and for whose manufacturing an individual selection or stipulation by the consumer is important or which are clearly tailored to the personal requirements of the consumer;
- for delivery of products, which can spoil quickly or whose use-by date would be exceeded quickly;
- for delivery of alcoholic drinks, whose price was agreed at the time of concluding the contract, which however can be delivered 30 days after the conclusion of the contract at the earliest and whose current value depends on the fluctuations in the market, on which the entrepreneur has no influence;
- for delivery of newspapers, periodicals or magazines with the exception of subscription contracts.
- for delivery of sealed products, which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after the delivery;
- for delivery of products if they have been mixed inseparably with other goods after the delivery, owing to their condition;
- for delivery of sound or video recording or computer software in a sealed package if the seal has been removed after the delivery.
Specimen - revocation form
(If you wish to revoke the contract, please fill up this form and send it back to us.)
- To Holland & Sons GmbH, Vierlander Straße 13, 21502 Geesthacht, Email address: hello@hollandandsons.de :
- I/we (*) herewith revoke the contract concluded by me/ us (*) regarding the purchase of the following products (*)/
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 a notification on paper)
- Date
(*) Cross out the incorrect option.