Withdrawal policy for consumers
(Status: January 2010)
Right of withdrawal
You may withdraw from the contract within two weeks, without stating reasons for your action, by text (e.g. letter, facsimile or e-mail) or - if the item is surrendered to you prior to expiry of the period - by returning the item. The period shall commence following receipt of the directions in text form but not, however, prior to receipt of the goods by the recipient (in the case of recurring deliveries of the same goods not prior to receipt of the fist partial delivery) and not prior to honouring our duty to supply information in accordance with Section 312c, sub-section 2, BGB in conjunction with Section 1, sub-section 1, 2 and 4 BGB-InfoV³ and our obligations in accordance with Section 312e, sub-section 1, sentence 1 BGB in conjunction with Section 3 BGB-InfoV. To satisfy the withdrawal period, sending the withdrawal or returning the item in good time shall suffice. The withdrawal is to be sent to:
Rosa Heinz GmbH
Straßfeld 6
85777 Fahrenzhausen
Facsimile: +49 8133 9185-99
E-mail: info@rosa-heinz.de
³ German Civil Code Duty of Information Ordinance
Consequences of withdrawal
In the event of an effective withdrawal, the performance received by both parties is to be returned and, where applicable, a benefit on our part (e.g. interest) is to be surrendered. If you cannot reimburse us in full or in part for the received performance, or merely in a deteriorated condition, you shall, insofar, be required where applicable to provide compensation for lost value. In the event of surrendering items this shall not apply if the deterioration in the item is solely attributable to its inspection - an option which would, for example, be available to you in a retail shop. You are not required to provide compensation for lost value in the case of deterioration as a result of use of the item as specified. Items capable of being sent as a parcel are to be returned at our risk. You shall be required to bear the cost of returning goods if the supplied goods correspond to the ordered goods. Items that are not capable of being sent as parcels shall be collected from your premises. Obligations to reimburse payments must be honoured within 30 days. The period shall commence for you upon sending your declaration of withdrawal or the item. For us it commences upon receipt of these.
End of the withdrawal instructions
Exclusion from the cancellation right
The cancellation right
1. does not apply in the case of distance contracts for the delivery of goods that are manufactured according to customer specifications or are clearly geared towards personal requirements or are not suitable for return because of their characteristics or may quickly perish or whose expiry date has been exceeded,
2. does not apply in the case of distance contracts whose subject matter consists of the supply of goods or the rendering of financial services, whose price is subject to fluctuations on the financial markets, upon which the entrepreneur has no influence, and which may occur within the withdrawal period, in particular services in conjunction with shares or loan certificates that are issued by a company limited by shares or a foreign investment company, and other marketable securities, foreign currencies, derivatives or money market instruments.
General information
1. Please avoid damaging or soiling the goods. Please return the goods to us where possible in the original packaging with all accessories and all packaging elements. If applicable use protective outer packaging. If you are no longer in possession of the original packaging, please ensure that the goods are appropriately protected against transport damage by way of suitable packaging.
2. Where possible, please avoid returning the goods carriage forward. On request, we would be glad to reimburse you with the postage costs in advance insofar as you are unable to carry such costs.
3. Please note that the above-mentioned paragraphs 1-2 are not prerequisites for effectively exercising the right of withdrawal.