Right of cancellation
- If you are a consumer (i.e. a natural person placing the order for purposes which are neither attributable to your commercial or independent professional activities), then you shall have a right of cancellation pursuant to the provisions of applicable law.
- Where you avail yourself of your right of cancellation as a consumer under sub-para. 1 hereof, you shall be required to bear the regular costs of returning the goods.
- In all further and other respects, your right of cancellation shall be governed by the rules set out in detail in the following
Advice on Rights of Cancellation
Right of Cancellation
You have the right to cancel this contract within fourteen days’ time, without any need to specify grounds of cancellation.
The cancellation period is fourteen days from the date on which you (or a third party appointed by you who is not the freight forwarder) took possession of the goods.
In order to exercise your right of cancellation, you must inform us [Geniatech Europe GmbH, Kaiserstraße 100, 52134 Herzogenrath, Tel: 0049-2407-55290-80, Fax: 0049-2407-55290-89, E-Mail: GTESales@geniatech.com] by unambiguous declaration (e.g. by a letter forwarded by post, by facsimile or by e-mail) of your decision to cancel this contract. You may use the attached model cancellation form for this purpose, although this is not required. You may electronically complete the model cancellation form or another unambiguous declaration on our website [insert Internet address] and forward it to us. If you avail yourself of this option, we shall promptly forward confirmation to you (e.g. by e-mail) of our receipt of such cancellation.
For purposes of compliance with the cancellation period, it is deemed sufficient if you despatch notice of your exercise of your right of cancellation prior to expiry of the cancellation period.
Consequences of cancellation
If you have cancelled this contract, we are required to promptly refund to you all payments we have received from you, including the shipping costs (with the exception of additional costs resulting from the fact that you have chosen a different mode of shipping than the most economical standard shipping offered by us), no later than fourteen days from the date on which we have received your notification of your cancellation of this contract. For such refunds, we shall use the same means of payment as you used in your original transaction, except where we have expressly otherwise agreed with you; in no case will you be subject to any charges for such refunds. We may refuse to make a refund until such time as we have received the returned goods or until you have furnished proof that you have despatched the goods back to us, whichever is the earlier.
You are required to return or deliver the goods promptly, in any event no later than fourteen days from the date on which you inform us of your cancellation of this contract, to us or to [insert at this point the name and address of the person authorised to receive the goods, if any]. This period will be deemed complied with if you despatch the goods prior to expiry of a period of fourteen days.
You shall be responsible for the direct costs of shipping the goods back to us.
You will only be required to compensate us for any loss in value of the goods if such loss in value is the result of your handling of the goods in a way which was not necessary in order to inspect their condition, qualities and functionality.
– End of Advice on Rights of Cancellation –
- The right of cancellation shall not apply in respect of distance-sales contracts
(a) for the supply of goods which were manufactured to Customer specifications or which are manifestly tailored to the purchaser’s personal requirements or which, due to their condition, are not suitable for return shipping or may quickly spoil or where their expiry date has been exceeded,
(b) to supply audio or video recordings or software if you have broken the seal on the data media supplied to you.