Cancellation policy & form
Withdrawal
Section 312g (1) of the German Civil Code grants the consumer a right of withdrawal in accordance with Section 355 of the German Civil Code (BGB) for distance sales contracts and contracts concluded outside of business premises. A consumer is any natural person who concludes a contract for purposes that are predominantly neither commercial nor self-employed (§ 13 BGB). Tonkin Design / elbenringschmiede.de provides information about this as follows:
Withdrawal
(1) Buyers can cancel the purchase contract without giving reasons within two weeks from receipt of the goods by returning the goods. The period begins at the earliest with receipt of this instruction and taking possession of the goods by the buyer or a third party named by him who is not the carrier. In the case of partial deliveries, the time at which the last partial delivery was taken is decisive.
In order to exercise the right of withdrawal, the buyer must inform Tonkin Design (for contact details, see Section 1, Paragraph 1 of the TOS) of the decision to withdraw from this contract by means of a clear declaration (e.g. via a letter sent by post, an email or by telephone). For this purpose, the buyer can also use the sample cancellation form available for download under the link http://elberingschmiede.de/Widerrufsformular.pdf. To meet the cancellation deadline, it is sufficient for the notification of the exercise of the right of cancellation to be sent before the cancellation period has expired.
(2) Pursuant to Section 312g Paragraph 2 Clause 1 BGB, the right of withdrawal does not apply to distance contracts for the delivery of goods that 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 consumer's personal demands. The warranty rights according to § 6 Warranty remain unaffected.
A right of revocation does not exist in the event of culpable damage or destruction of the goods.
(3) Consequences of the Withdrawal
Upon cancellation of the contract, all payments received, including delivery costs (with the exception of the additional costs resulting from the fact that a different type of delivery than the cheapest standard delivery offered by Tonkin Design was chosen), immediately and at the latest within fourteen days from the day on which the notification of the cancellation of this contract is received by Tonkin Design. For this repayment, Tonkin Design uses the same means of payment that was used in the original transaction, unless expressly agreed otherwise; in no case will fees be charged for repayment. Tonkin Design can refuse the repayment until Tonkin Design has received the goods back or until evidence has been provided that the goods have been returned, whichever is earlier.
You must return or hand over the goods to Tonkin Design immediately and in any event no later than fourteen days from the date on which you informed Tonkin Design of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling you that is not necessary to check the nature, properties and functionality of the goods.
(4) When returning goods that have a total value of over € 500.00, you must send them as a specially secured parcel, e.g. as a value package, whereby Tonkin Design bears the resulting additional costs.
(5) Tonkin Design assumes neither the return costs nor liability for loss or damage for goods that are returned outside the statutory period.
Our online cancellation form: Online form
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