Instructions for cancellation & Cancellation form
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:
A. Instructions for cancellation
Right to cancel
You have the right to cancel this contract within fourteen days without giving any reason.
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 goods.
To exercise the right to cancel, you must inform us (Winch Industry GmbH, Gutenbergstr. 4, 86368 Gersthofen, Deutschland, Tel.: 0821 567330-40, Fax: 0821 567330-88, E-Mail: [email protected]) 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 ceases to be available in the case of a contract for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery.
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.
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.
Winch Industry GmbH
Fax: 0821 567330-88
E-Mail: [email protected]
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 (*),
Ordered on (*) ____________ / received on (*) __________________
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if this form is notified on paper)
(*) Delete as appropriate