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Right of Withdrawal

Contents

1 Introduction

1.1 Overview of the Right of Withdrawal

1.2 Scope and Applicability

2 Consumer’s Right to Withdrawal

2.1 Definition of a Consumer

2.2 Conditions Under Which the Right Applies

3 Withdrawal Period

3.1 Duration of the Withdrawal Period

3.2 Starting Point of the Withdrawal Period

4 Exercising the Right of Withdrawal

4.1 Steps to Withdraw from the Contract

4.2 Required Form of Withdrawal Declaration

5 Effects of Withdrawal

5.1 Refund Process and Timing

5.2 Handling of Goods During Withdrawal

5.3 Consumer Responsibilities

6 Exceptions to the Right of Withdrawal

6.1 Non-eligible Goods and Services

6.2 Special Circumstances Limiting Withdrawal

7 Legal Implications of Withdrawal

7.1 Impact on Contractual Obligations

7.2 Legal Protections for Consumers and Sellers

8 Contact Information for Withdrawal Requests

8.1 Contact Details for Submitting Withdrawal Notices

8.2 Customer Service Information

9 Additional Information and Resources

9.1 Links to Relevant Laws and Regulations

9.2 Customer Service Contact Details

 

 

1           Introduction

1.1          Overview of the Right of Withdrawal

The Right of Withdrawal, commonly known as a "cooling-off period," is a consumer right within the European Union and certain other jurisdictions. It allows consumers to cancel a distance or off-premises contract, without any penalty and without providing any reason, within a specified period. This policy aims to provide clear guidance on how consumers can exercise this right when purchasing products or services from DigiZauber.

1.2          Scope and Applicability

  1. Eligible Parties: This right is applicable to consumers, defined as any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business, or profession.
  2. Type of Contracts Covered: The right of withdrawal applies to distance contracts (including those concluded over the Internet) and contracts concluded away from business premises.
  3. Geographical Scope: While primarily applicable within the European Union, this policy also considers similar consumer rights existing in other jurisdictions where DigiZauber operates.
  4. Excluded Transactions: Certain transactions may be excluded from the right of withdrawal, such as the supply of goods made to the consumer’s specifications or clearly personalized, goods that are liable to deteriorate rapidly, sealed goods not suitable for return due to health protection or hygiene reasons if unsealed after delivery, and contracts where the consumer has specifically requested a visit from the business for urgent repairs or maintenance.
  5. Application to DigiZauber’s Services and Products: The policy applies to all products and services offered by DigiZauber, subject to the aforementioned exceptions. Whether a product is custom-made or falls under other exceptions will be clearly stated on the product’s information page.
  6. Information Requirement: DigiZauber is committed to providing clear information about the right of withdrawal before the conclusion of any sales contract, ensuring that consumers are fully informed about their rights.

2           Consumer’s Right to Withdrawal

2.1          Definition of a Consumer

  1. Consumer Identification: A consumer, for the purposes of this policy, is defined as any individual who is acting for purposes that are wholly or mainly outside their trade, business, craft, or profession. This definition is in line with consumer protection laws, ensuring that the rights outlined in this policy are tailored to individuals purchasing goods or services for personal, family, or household use.
  2. Verification of Consumer Status: DigiZauber reserves the right to request additional information from individuals to confirm their status as consumers under this definition when necessary.

2.2          Conditions Under Which the Right Applies

  1. Eligibility for Withdrawal: The right to withdraw from a contract applies to consumers who have entered into distance contracts or contracts concluded away from business premises. This typically includes purchases made online, via mail order, over the phone, or in circumstances where the consumer and the trader are not physically present together.
  2. Exclusion of Certain Contracts:

-          Custom-made and Personalized Goods: Goods made to a consumer's specifications or clearly personalized are not eligible for withdrawal.

-          Perishable Goods: Goods that are liable to deteriorate or expire rapidly cannot be returned.

-          Sealed Goods: Products sealed for health protection or hygiene reasons are not eligible if unsealed after delivery.

-          Digital Content: The right of withdrawal does not apply if the performance of the service has begun with the consumer’s prior express consent and acknowledgment that they thereby lose their right of withdrawal.

-          Urgent Repairs and Maintenance: Where a consumer has requested a visit from DigiZauber for urgent repairs or maintenance, the right of withdrawal applies only to those additional services or goods provided beyond the immediate repair or maintenance requested.

  1. Time Frame for Withdrawal: The standard withdrawal period is 14 days from the day of the receipt of goods by the consumer or a third party indicated by the consumer. For service contracts, the withdrawal period expires 14 days from the day of the conclusion of the contract.
  2. Informed Consent: DigiZauber ensures that consumers are provided with clear information about the right of withdrawal, including the conditions, time limit, and procedures for exercising this right, as part of the contract formation process.

3           Withdrawal Period

3.1          Duration of the Withdrawal Period

  1. Standard Withdrawal Timeline: Consumers have the right to withdraw from a contract within 14 days without giving any reason. This period is designed to allow consumers ample time to reconsider their online or distance purchases.
  2. Extended Period in Certain Cases: In cases where DigiZauber fails to properly inform consumers about the right of withdrawal, the withdrawal period may be extended up to a maximum of twelve months from the end of the initial withdrawal period. If the information is provided within this twelve-month period, the withdrawal period ends 14 days after the day the consumer receives the information.

3.2          Starting Point of the Withdrawal Period

  1. Goods Delivery: For contracts involving the sale of goods, the withdrawal period begins from the day on which the consumer, or a third party other than the carrier and indicated by the consumer, acquires physical possession of the goods. In the case of multiple goods ordered by the consumer in one order but delivered separately, the period begins on the day the consumer acquires physical possession of the last good.
  2. Service Contracts: For service contracts or contracts for the supply of digital content not provided on a tangible medium, the withdrawal period begins from the day of the conclusion of the contract.
  3. Contracts with Goods and Services: If a contract includes both goods and services (e.g., purchase of a product with a maintenance service), the withdrawal period begins from the day of receipt of the goods.
  4. Complex Deliveries: In the case of regular delivery of goods during a defined period, the withdrawal period starts from the possession of the first good.

4           Exercising the Right of Withdrawal

4.1          Steps to Withdraw from the Contract

  1. Direct Withdrawal from Order Details (for eligible products):

-          Consumers can initiate a withdrawal directly from their account’s order details page for products that are eligible for withdrawal.

-          This automated process guides the consumer through the necessary steps to submit a withdrawal request, simplifying the process.

  1. Notification of Decision to Withdraw:

-          Alternatively, consumers can inform DigiZauber of their decision to withdraw from a contract by sending an unequivocal statement through email, mail, or the website's withdrawal form.

-          Notifications must be sent before the withdrawal period expires.

  1. Customer Service Assistance:

-          DigiZauber provides assistance for those needing help with the withdrawal process, accessible via customer service channels.

4.2          Required Form of Withdrawal Declaration

  1. Format of Declaration:

-          The withdrawal declaration can be informal but should clearly convey the decision to withdraw.

-          It should include relevant order information such as the consumer’s name, order number, and product details.

  1. Model Withdrawal Form:

-          DigiZauber offers a model withdrawal form on its website to facilitate the withdrawal process.

-          Consumers are encouraged, but not required, to use this form.

  1. Confirmation by DigiZauber:

-          Upon receiving a withdrawal request, DigiZauber will promptly acknowledge receipt via a durable medium, usually email.

5           Effects of Withdrawal

5.1          Refund Process and Timing

  1. Initiation of Refund: Upon receiving a withdrawal notice, DigiZauber will process the refund without undue delay and, in any event, no later than 14 days from the day on which we are informed about the consumer's decision to withdraw from the contract.
  2. Refund Method: The refund will include the cost of the product and standard delivery charges. It will be carried out using the same means of payment as used by the consumer for the initial transaction unless expressly agreed otherwise. No fees will be charged to the consumer for the refund.
  3. Partial Refunds: In cases where not all items from an order are returned, the refund will be processed for the returned items only.
  4. Deductions for Diminished Value: If the returned goods have diminished in value due to handling beyond what is necessary to establish the nature, characteristics, and functioning of the goods, DigiZauber may recover this amount from the consumer, up to the full cost of the product.

5.2          Handling of Goods During Withdrawal

  1. Return of Goods: The consumer is required to send back or hand over the goods to DigiZauber without undue delay and, in any case, not later than 14 days from the day on which they communicate their withdrawal from the contract.
  2. Return Shipping Costs: Unless DigiZauber has offered to bear the costs of returning the goods, the consumer will bear the direct cost of returning the goods. If the goods, by their nature, cannot be returned normally by post, the consumer will also bear the direct cost of returning these goods.
  3. Condition of Goods: Goods should be returned in their original condition, with all included accessories, and, where possible, in the original packaging.

5.3          Consumer Responsibilities

  1. Responsibility for Diminished Value: Consumers are liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
  2. Notification of Return: When returning goods, consumers are advised to notify DigiZauber to facilitate a smooth refund process.
  3. Proof of Return: It is advisable for consumers to retain proof of sending the goods back, as the responsibility for the safe return of goods lies with the consumer.

6           Exceptions to the Right of Withdrawal

6.1          Non-eligible Goods and Services

  1. Customized and Personalized Items: Goods that are made to the consumer’s specifications or are clearly personalized are exempt from the right of withdrawal. This includes items that have been tailored or customized to fit specific needs or preferences of the consumer.
  2. Perishable Goods: Goods that are liable to deteriorate or expire rapidly, such as food items or certain health products, are not eligible for withdrawal to ensure health and safety standards.
  3. Sealed Goods: Products sealed for health protection or hygiene reasons are not subject to withdrawal once they have been unsealed after delivery. This typically includes personal care items, cosmetics, and certain types of medical equipment.
  4. Digital Content: The right of withdrawal does not apply to digital content (such as software, downloadable music, or eBooks) if the download or streaming began with the consumer’s prior express consent and acknowledgment that they thereby lose their right of withdrawal.
  5. Services Fully Performed: If DigiZauber has fully performed a service with the consumer’s prior express consent, and the consumer acknowledged at the beginning of the process that they would lose their withdrawal right once the contract had been fully performed.

6.2          Special Circumstances Limiting Withdrawal

  1. Urgent Repairs and Maintenance Services: Where a consumer has requested urgent repairs or maintenance, the right of withdrawal does not apply to those services that DigiZauber fully performed.
  2. Sealed Audio or Video Recordings or Computer Software: Consumers lose their right of withdrawal for audio or video recordings or computer software if they unseal these items after delivery.
  3. Contracts Concluded at a Public Auction: Goods bought at a public auction, where the consumer has a chance to attend in person, are generally exempt from the right of withdrawal.
  4. Transport Services: For transport services provided for a specific date or period, the right of withdrawal does not apply.

7           Legal Implications of Withdrawal

7.1          Impact on Contractual Obligations

  1. Termination of Contractual Rights and Obligations: Once a consumer successfully exercises their right of withdrawal, both parties (the consumer and DigiZauber) are released from their respective contractual obligations. For DigiZauber, this means ceasing any ongoing services related to the contract and refunding the consumer as stipulated. For the consumer, this involves returning any goods received and refraining from utilizing any services.
  2. Partial Withdrawal: In scenarios where only part of an order is withdrawn, the contract remains valid for the goods or services retained by the consumer. The terms of the contract continue to apply to those items, including payment obligations.
  3. Record Keeping: DigiZauber will maintain records of withdrawals as part of our compliance and audit processes. These records serve as proof of our adherence to consumer rights laws and regulatory requirements.

7.2          Legal Protections for Consumers and Sellers

  1. Consumer Protections: The right of withdrawal is a fundamental consumer protection, ensuring that consumers are not bound by distance or off-premises contracts that they have reconsidered. DigiZauber respects this right and commits to processing all valid withdrawal requests in accordance with applicable laws.
  2. Seller Protections: DigiZauber is protected against unjustified withdrawals. In cases of misuse of the right of withdrawal (e.g., frequent returns without valid reasons, returning goods in a damaged state not due to DigiZauber's fault), DigiZauber reserves the right to refuse future service to the offending consumer, subject to legal compliance.
  3. Compliance with Laws: Both parties are obliged to adhere to the stipulations of consumer protection laws. DigiZauber will conduct its business in compliance with these laws, ensuring fair and legal treatment for all parties involved.
  4. Dispute Resolution: In the event of a dispute regarding the right of withdrawal, DigiZauber will engage in good faith negotiations to resolve the matter. If these negotiations fail, the matter may be escalated to mediation or legal proceedings, depending on the nature of the dispute and in accordance with our dispute resolution policy.

8           Contact Information for Withdrawal Requests

8.1          Contact Details for Submitting Withdrawal Notices

  1. Email Communication: Consumers wishing to exercise their right of withdrawal can send their declaration of withdrawal via email. The email should be directed to DigiZauber’s dedicated customer service email at [Insert Customer Service Email Address]. This email address is monitored regularly to ensure timely processing of withdrawal requests.
  2. Postal Address: For those who prefer to send their withdrawal notice in writing, it can be mailed to DigiZauber’s physical address at [Insert Company Address]. Please note that the date of the postmark will be considered as the date of submission.
  3. Online Form: Consumers can also use the withdrawal form available on DigiZauber’s website. Once completed, it can be submitted directly through the website. A confirmation receipt will be sent to the consumer’s email address as proof of submission.

8.2          Customer Service Information

  1. Assistance with Withdrawal Process: For consumers seeking assistance or requiring further information about the withdrawal process, DigiZauber’s customer service team is available to provide support. This can include guidance on filling out the withdrawal form, understanding the refund process, and answering any related queries.
  2. Contact via Telephone: Consumers can contact DigiZauber’s customer service via phone at [Insert Customer Service Phone Number]. The service hours are [Insert Service Hours], during which consumers can speak directly with a representative for immediate assistance.
  3. Online Support: For convenience, an online chat support feature is available on DigiZauber’s website, allowing consumers to get quick responses to their inquiries related to withdrawal requests.
  4. Multilingual Support: Understanding the diverse nature of our customer base, DigiZauber offers customer support in [List Languages Supported], catering to a wider range of consumers.
  5. Comprehensive Information: DigiZauber’s website contains detailed information on the right of withdrawal, including FAQs and step-by-step guides, to assist consumers in understanding and exercising their withdrawal rights effectively.

9           Additional Information and Resources

9.1          Links to Relevant Laws and Regulations

  1. European Union Consumer Rights Directive: The primary legal basis for the right of withdrawal in the EU is the [Consumer Rights Directive 2011/83/EU](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32011L0083). This directive provides the framework for consumer rights related to distance and off-premises contracts.
  2. National Implementations: Each EU member state has its own laws implementing the directive. Consumers can refer to their respective national consumer protection laws for more specific information. For example, in Germany, these rights are detailed in the [Bürgerliches Gesetzbuch (BGB)](https://www.gesetze-im-internet.de/englisch_bgb/).
  3. International Consumer Protection Laws: For customers outside the EU, links to local consumer protection laws relevant to withdrawal rights (if applicable) will be provided on DigiZauber’s website.

9.2          Customer Service Contact Details

  1. Comprehensive FAQs: To further assist consumers, DigiZauber provides an extensive list of Frequently Asked Questions (FAQs) on its website. These FAQs cover common queries related to the right of withdrawal, procedures, timelines, and special circumstances.
  2. Contact for Further Inquiries: For any questions that are not addressed in the FAQs or guidance materials, consumers are encouraged to contact DigiZauber’s customer service directly for personalized assistance.

 

Last Updated: December 25, 2023