Right of withdrawal for consumers
Consumers are any natural person, who commit to a legally binding contract, which is primarily not intended for commercial or professional purposes, or which are not notably considered for such purposes.
Right of withdrawal
Consumers have the following right of withdrawal:
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day;
– in the case of a sales contract: ‘on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.;
– in the case of a contract relating to multiple goods ordered by the consumer in one order and delivered separately: ‘on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.;
– in the case of a contract relating to delivery of a good consisting of multiple lots or pieces: ‘on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last lot or piece.;
– in the case of a contract for regular delivery of goods during a defined period of time: ‘on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the first good.;
To exercise the right of withdrawal, you must inform us (Brian Lemming & Doris Aha-Stupp Westernwear GbR, In der Dall 4, 36088 Hünfeld, Germany, Telefonnummer: +49 (0) 6652 7499 300, Telefaxnummer: +49 (0) 6652 7490 862, E-Mail: info@westernwear-shop.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us (Brian Lemming & Doris Aha-Stupp Westernwear GbR, In der Dall 4, 36088 Hünfeld, Germany) without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. E.g. worn shoes or opened sealed packaging (see reasons for loss of rights of withdrawal).
Reasons for loss of rights of withdrawal
Right of withdrawal does not apply for the following purchases
– delivery of products which are not ready manufactured and for which an individual planning and manufacturing is required, which the consumer has explicitly requested changes to the product such as embroidered, printed and engraved products, or;
– Delivery of sealed products related to health and hygiene, which are not intended for return when the seal has been removed, or;
– Delivery of products which due to their purpose and attributes can no longer be separated from other
products.