Right of revocation for the sale of goods
Right of withdrawal for consumers
(A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed).
Right of withdrawal
You have the right to cancel this contract within 14 days without giving any reason.
The revocation period is 14 days from the day
- you or a third party named by you, who is not the carrier, have taken possession of the goods, if you have ordered one or more goods as part of a uniform order and these are delivered uniformly;
- on 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, if you have ordered several goods as part of a single order and these are delivered separately;
- on the day on which you or a third party named by you, who is not the carrier, have taken possession of the last partial consignment or the last piece, if you have ordered goods which are delivered in several partial consignments or pieces;
- on the day on which you or a third party named by you, who is not the carrier, take or has taken possession of the first item, if goods are supplied as part of an order for regular delivery over a fixed period of time.
In order to exercise your right of withdrawal, you must inform us (Moelk GmbH, Mainzer Landstraße 33, 60329 Frankfurt, telephone no.: 049 69 348677810, e-mail address: email@example.com) by means of a clear declaration (e.g. a letter sent by post or an e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, which is, however, not mandatory.
To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within 14 days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without undue delay and in any event no later than 14 days from the day on which you notify us of the cancellation of this contract. The deadline shall be deemed to have been met if you send off the goods before the 14-day period has expired.
You shall 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 of the goods that is not necessary for checking the condition, properties and functioning of the goods.
Reasons for exclusion or expiry
The right of withdrawal does not apply to contracts
- for the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
- for the delivery of goods that can spoil quickly or whose expiry date would be quickly exceeded;
- for the supply of alcoholic beverages the price of which was agreed at the time of the conclusion of the contract but which cannot be supplied until at least 30 days after the conclusion of the contract and the current value of which depends on fluctuations in the market over which the trader has no control;
- for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts.
The right of withdrawal expires prematurely in the case of contracts
- for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
- for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature;
- for the delivery of audio or video recordings or computer software in a sealed package if the seal was removed after delivery.
Sample cancellation form
(If you wish to cancel the contract, please complete and return this form).
- To Moelk GmbH, Mainzer Landstraße 33, 60329 Frankfurt, e-mail address: firstname.lastname@example.org :
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/
the provision of the following service (*)
- Ordered on (*)/ received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of consumer(s) (only in case of paper communication)
(*) Delete where inapplicable.