Right to cancel

Right to cancel for consumers
(application from 13/06/2014)
 
Consumers are entitled to a cancellation right according to the following proviso, whereby a consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed for the main part to their commercial or independent professional activity:
 
Instructions on right to cancel
 
Right to cancel
 
You have the right to cancel this contract within fourteen days without giving any reasons.
 
The cancellation deadline is fourteen days from the date when you or a third party named by you, who is not the forwarder, took possession of the goods.
 
In order to exercise your right to cancel, you must inform us (EMIKO Handelsgesellschaft mbH, Mühlgrabenstraße 13, 53340 Meckenheim, phone no.: +49 2225 / 95595-0, fax no.: +49 2225 / 95595 -20, E-mail address: info@emiko.de) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) about your decision to cancel this contract. You can use the enclosed sample cancellation form to do so, which is however not mandatory.
 
You can also fill in and transmit the sample cancellation form electronically or another clear declaration on our website http://www.emiko.de/shop/widerrufsformular/. If you make use of this possibility, we will send you confirmation of receipt of such a cancellation promptly (e.g. per e-mail).
 
In order to comply with the cancellation deadline, it is sufficient for you to send off the announcement that you are exercising the right to cancel before expiry of the cancellation deadline.
 
Consequences of the cancellation
 
If you cancel this contract, we have to return all payments that we have received from you, including delivery costs (except for those additional costs resulting from the fact that you have chosen an alternative form of delivery to the standard cheaper delivery we offered you), promptly and at the latest within fourteen days from the date when the announcement of your cancellation of this contract was received by us. We use the same means of payment for this return payment that you used for the original transaction, unless anything else was specifically agreed with you; under no circumstances will we invoice any charges to you because of this return payment.
 
We can refuse return payment until we have received the returned goods or until you have provided proof that you have sent the goods back, whichever date is earlier.
 
You have to send back or hand over to us the goods promptly and in any case at the latest within fourteen days from the date, when you informed us of the cancellation of this contract. The deadline is adhered to if you send the goods back before expiry of the fourteen day deadline. We carry the costs of returning the goods.
 
You must only pay for a possible loss in value of the goods, if this loss in value is traced back to an unnecessary handling of the goods to check their condition, properties and functioning.
 
 
Exclusion or premature expiry of the right to cancel
 
The right to cancel does not exist in the case of contracts
  • For the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailor-made to the personal needs of the consumer;
  • For the delivery of goods that can perish quickly or whose expiry-date is quickly exceeded;
  • For the delivery of alcoholic drinks, whose price was agreed at conclusion of the contract, but which can be delivered at the earliest 30 days after conclusion of the contract and whose current value depends on market fluctuations over which the company has no influence;
  • For the delivery of newspapers, periodicals or magazines with the exception of subscription contracts. 
The right to cancel expires prematurely in the case of contracts
  • For the delivery of sealed goods that are not suitable for returning for reasons of health protection or hygiene, if their seal was removed after delivery;
  • For the delivery of goods, if these were inextricably 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 fill in this form online: Cancellation form
Alternatively you can download the cancellation form as a pdf file: Sample form (PDF)