Returns & Cancellations
Advice on cancellation for consumers
To simplify your notice of cancellation we have created an online form which you can fill in here.
Also you can download here a model withdrawal form: Elforyn_Cancellation_Form
Right of cancellation
You have the right to cancel this contract within fourteen days without stating reasons. The cancellation deadline shall be fourteen days from the day on which you or a Third Party appointed by you, who is not the carrier, have or has taken possession of the last item of goods.
To exercise your right of cancellation, you must inform us (Bachmann Kunststoff Technologien GmbH, Rudolf-Diesel-Strasse 2, 63322 Rödermark, firstname.lastname@example.org) by means of a clear declaration (e.g. e letter by post, fax or e-mail) of your decision to cancel this contract. For this purpose you may use the attached model cancellation form (Elforyn_Cancellation_Form), but this is not compulsory.
You may also fill in and send the model cancellation form, or any other clear declaration, electronically on our website www.elforyn.de. If you use this option, we shall immediately send you (e.g. by e-mail) a confirmation that such a cancellation has been received.
To meet the cancellation deadline, it shall suffice if you send the notification that you are exercising your right of cancellation prior to the expiry of the cancellation deadline.
Consequences of cancellation
If you cancel this contract, we must return to you immediately, and within fourteen days at latest from the day on which we received the notice of your cancellation of this contract, all payments which we have received from you, including the delivery costs (except for additional costs arising because you have chosen a type of delivery other than the cheapest standard delivery which we have offered). For this return we shall use the same means of payment which you used for the original transaction, unless express agreed otherwise with yourself; in no case shall any fee be charged to you for this repayment.
We shall pay the costs of the return of goods.
You need only pay for any loss of value suffered by the goods if this loss of value is due to treatment of them not requisite for checking the characteristics, properties and functionalities of the goods.
All goods shall be subject to the following rule: we may refuse repayment until we have received the goods back, or until you have supplied proof that you have returned the goods, whichever time is earlier. In any case you must send back or hand over the goods, within fourteen days at the latest from the day on which you informed us of your cancellation of contract, to Bachmann Kunststoff Technologien GmbH, Rudolf-Diesel-Strasse 2, 63322 Rödermark. The deadline shall have been met if you dispatch the goods prior to expiry of the fourteen-day deadline.
There shall be no right of cancellation for the following contracts:
- Contracts for the delivery of goods which are not prefabricated and whose manufacture is pursuant to an individual selection or decision by the consumer, or which have been tailored distinctly to the consumer's personal requirements.
- Contracts for the delivery of goods which spoil quickly or whose sell-by date would be quickly exceeded.
- Contracts for the delivery of sealed goods which, for protection of health or reasons of hygiene, are not suitable for return if the seal has been broken subsequent to delivery.
- Contracts for the delivery of goods if, due to their characteristics, such goods are inseparably mixed with other goods following their delivery.
Model cancellation form
(If you wish to cancel the contract, please fill in this form (Elforyn_Cancellation_Form) and return it to us.)
- To Bachmann Kunststoff Technologien GmbH, Rudolf-Diesel-Strasse 2, 63322 Rödermark, email@example.com:
- I/we(*) hereby cancel the contract concluded by myself/ourselves(*) for the purchase of the following goods (*)/the supply of the following services (*)
- Ordered on (*)/received on (*)
- Name of consumer
- Address of consumer
- Signature of consumer (only for paper notification)
End of advice on cancellation for consumers.
Status: 13 June 2014
Advice on cancellation for business customers
Consequent upon the customer's statutory right of cancellation, the order and its acceptance on the part of Bachmann Kunststoff Technologien GmbH initially create effective contractual relations of a pending kind. The customer may cancel his contractual declaration within fourteen days, without stating reasons, in textual form (e.g. letter, fax, e-mail) or, should the goods have been supplied to him prior to expiry of deadline, by returning the purchase. The period of grace shall begin following receipt of this notice in textual form, but not prior to delivery of the goods to the customer, nor prior to fulfilment of our duties of information under Section 312 c), Paragraph 1 of the German Civil Code (BGB) in conjunction with Article 246, Section 2 in conjunction with Section 1, Paragraphs 1 and 2 of the Introductory Statute to the Civil Code (EGBGB), and pursuant to Section 312 g), Paragraph 1, Clause 1 of the Civil Code (BGB) in conjunction with Article 246, Section 3 of the Introductory Statute to the Civil Code (EGBGB). To meet the cancellation deadline it shall be sufficient to dispatch the cancellation or the purchase in good time. The cancellation must be addressed to:
Bachmann Kunststoff Technologien GmbH, Rudolf-Diesel-Strasse 2, 63322 Rödermark, firstname.lastname@example.org
Consequences of cancellation
In case of effective cancellation, restitution must be made of performances mutually received and any benefits derived therefrom (e.g. interest) must be surrendered. If the customer cannot make restitution or surrender the performance and benefits (e.g. benefits of use) received, the customer must pay compensation for lost value to the extent involved. The customer need only pay compensation for deterioration of the purchase and for benefits derived therefrom insofar as the said benefits or the said deterioration is due to treatment of the purchase over and beyond the inspection of its characteristics and functioning. "Inspection of its characteristics and functioning" shall be taken to mean testing and trying the goods in question, as is possible and usual in e.g. a shop.
Goods which are suitable for sending in a parcel must be returned at our risk. Should a return of goods as a parcel not be possible due to their weight or unwieldy nature, it shall suffice if the customer within the 14 day period of grace sends a take-back request in textual form to Bachmann Kunststoff Technologien GmbH following receipt of the goods. The customer must pay the usual costs of return if the goods so delivered correspond to the goods ordered and if the price of the purchase for return does not exceed EUR 40.00 (including VAT), or if, should the purchase be of a higher price, the customer at the time of cancellation has not yet made the counterperformance or a contractually agreed part payment. Otherwise return shall be free of charge for the customer. Duties for reimbursement of payments must be fulfilled within 30 days. The period of grace shall begin for you upon dispatch of your cancellation notice or of the purchase; it shall begin for us upon its receipt.
Right of cancellation shall not cover
- Books, should the protective cover have been opened or if they have been downloaded online;
- Goods which have been produced in accordance with a customer's specifications or have been clearly tailored to the customer's personal requirements;
- Goods which, due to their characteristics, are not suitable for return or which may spoil rapidly, or whose sell-by date has been passed;
- Special orders by a customer, e.g. spare parts specially ordered for the customer etc.;
- Large-volume deliveries for which the customer has been granted special terms and conditions.
End of cancellation advice.
Status: 13 June 2014