Customer's right of withdrawal under the Distance Selling Act

Here you can find the standard cancellation form. (PDF download, ca. 20 KB)

Note:

If you are an entrepreneur (section 14 BGB), you do not have the right of withdrawal and return according to section 312g BGB in conjunction with section 355 BGB. The right of withdrawal only applies to consumers in the sense of section 13 BGB. (A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity).

 

Cancellation policy

Consumers (section 13 BGB) are entitled to the following right of withdrawal:
 

Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods.

To exercise your right of withdrawal, you must contact us (Foto Erhardt GmbH, Gartenkamp 101, 49492 Westerkappeln, Germany, info@foto-erhardt.de, tel.: +49 (0) 540496330) to provide a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to withdraw from this contract. You can use the enclosed standard cancellation form for this purpose, but it is not mandatory.

You can also complete and submit the standard withdrawal form or another clear declaration electronically on our website https://www.foto-erhardt.de/retoure-widerruf-formular.html. If you make use of this option, we will send you a confirmation of receipt of such withdrawal without delay (e.g. by e-mail).

In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the end of the withdrawal period.

Consequences of withdrawal
If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs that result from you choosing a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we receive the notification of your withdrawal from this contract. We shall use the same means of payment for this repayment that you used for the original transaction, unless expressly agreed otherwise with you. Under no circumstances, will you incur any charges for this repayment. We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever occurs first.

You must return or hand over the goods to us immediately and in any case no later than within fourteen days from the day on which you notify us that you have withdrawn from this contract. The deadline is met if you send the goods before the fourteen-day deadline. You shall bear the direct costs for the return of any goods. You only have to pay for any loss of value of the goods if this loss of value is due to the goods being handled in a way that is not necessary for the inspection of the condition, properties and functioning of the goods.

Standard cancellation form
(If you want to cancel the contract, please complete and return this form.)

- To Foto Erhardt GmbH, Gartenkamp 101, 49492 Westerkappeln, Germany, info@foto-erhardt.de

- I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/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 notification on paper)

– Date

(*) Delete as applicable.


Special notes
If you finance this contract by means of a loan and later cancel the contract, you are also no longer bound by the loan agreement, provided that both contracts form an economic unit. This is to be assumed, in particular, if we are your lender at the same time or if your lender makes use of our cooperation with regard to the financing. If the loan has already accrued to us when the withdrawal takes effect, your lender shall be subrogated to our rights and obligations under the financed contract in relation to you in terms of the legal consequences of the withdrawal or the return. The latter shall not apply if the subject matter of the present contract is the acquisition of financial instruments (e.g. securities, foreign exchange or derivatives). If you want to avoid a contractual obligation as far as possible, make use of your right to withdraw and also cancel the loan agreement if you are also entitled to cancel this.

 

End of the cancellation policy

Unless otherwise agreed by the parties, the right of withdrawal shall not apply to the following contracts:
  • contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer;
  • contracts for the delivery of goods that can spoil quickly or whose expiry date would be quickly exceeded, contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal was removed after delivery;
  • contracts for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature, contracts for the delivery of alcoholic beverages, the price of which was agreed when the contract was entered into, but which can be delivered at the earliest 30 days following entry into the contract and the current value of which depends on fluctuations on the market over which the entrepreneur has no control;
  • contracts for the delivery of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery;
  • contracts for the provision of non-residential lodging services, transportation of goods, motor vehicle rental, food and beverage delivery, and other services related to recreational activities, if the contract provides for a specific date or period for the provision.

Do you have a question for our experts?

Find the answer quickly and easily on our customer service page

The Foto Erhardt Newsletter

Simply subscribe and benefit as a newsletter recipient every week:

Our privacy policys.