Right of cancellation

You can cancel your contractual declaration within [14 days] [1] without giving reasons in text form (e.g. letter, fax, e-mail) [or - if the goods are delivered to you before the expiry of the deadline - also by returning the goods] [2] cancellation. The cancellation period begins after receipt of this instruction in text form [3]. Timely dispatch of the cancellation [or the item] [2] is sufficient to comply with the cancellation period. The cancellation must be sent to: [4]
Consequences of cancellation [5]
In the event of an effective cancellation, the services received by both parties must be returned and any benefits derived (e.g. interest) surrendered. [6] If you are unable to return or surrender to us the goods or services received and any benefits (e.g. benefits of use), or if you are only able to return or surrender them in part or in a deteriorated condition, you must compensate us for the loss in value. [7] You only have to pay compensation for the deterioration of the item if the deterioration is due to handling of the item that goes beyond checking the properties and functionality. [8] „Testing the properties and functionality“ means testing and trying out the respective goods, as is possible and customary in a shop, for example. [9] Items that can be sent by parcel post are to be returned at our [expense and] [10] risk. Items that cannot be sent by parcel post will be collected from you]. [2] Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of cancellation [or the item] [2] , for us with its receipt.
Special notes
[11]
[12]
[13]
(place), (date), (signature of the consumer) [14]

Design instructions:
[1]
If the information is not communicated at the latest upon conclusion of the contract, but only after conclusion of the contract, the addition in brackets is „one month“. In this case, design note 9 is also relevant if the information specified there is not provided in text form at the latest when the contract is concluded. In the case of distance contracts, a cancellation policy communicated in text form immediately after conclusion of the contract is equivalent to a cancellation policy communicated upon conclusion of the contract if the trader has informed the consumer in accordance with Article 246 Section 1(1)(10) EGBGB.
[2]
The addition in brackets does not apply to services that do not consist of the provision of goods.
[3]
If one of the following special cases applies, insert the following:
a)
for contracts to be concluded in writing: „ , but not before you have also been provided with a contract document, your written application or a copy of the contract document or the application“;
b)
for distance selling contracts (§ 312b paragraph 1 sentence 1 BGB) on the
aa)
Delivery of goods: „ , but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not before fulfilment of our information obligations in accordance with Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB“;
bb)
Provision of services other than payment services: „ , but not before conclusion of the contract and also not before fulfilment of our information obligations pursuant to Article 246 § 2 in conjunction with § 1 (1) and (2) EGBGB“;
cc)
Provision of payment services:
aaa)
for payment service framework contracts: „ , but not before conclusion of the contract and also not before fulfilment of our information obligations pursuant to Article 246 § 2 in conjunction with § 1 paragraph 1 numbers 8 to 12 and paragraph 2 numbers 2, 4 and 8 as well as Article 248 § 4 paragraph 1 EGBGB“;
bbb)
for small-value instruments within the meaning of Section 675i (1) BGB: „ , but not before conclusion of the contract and also not before fulfilment of our information obligations pursuant to Article 246 Section 2 in conjunction with Section 1 (1) numbers 8 to 12 and (2) numbers 2, 4 and 8 and Article 248 Section 11 (1) EGBGB“;
ccc)
for individual payment contracts: „ , but not before conclusion of the contract and also not before fulfilment of our information obligations pursuant to Article 246 § 2 in conjunction with § 1 paragraph 1 numbers 8 to 12 and paragraph 2 numbers 2, 4 and 8 as well as Article 248 § 13 paragraph 1 EGBGB“;
c)
for contracts in electronic commerce (§ 312g paragraph 1 sentence 1 BGB): „ , but not before fulfilment of our obligations in accordance with § 312g paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB“;
d)
in the case of a trial purchase (§ 454 BGB): „but not before the purchase contract has become binding for you through your approval of the purchased item“.
If instructions are given for a contract that falls under several of the above special cases (e.g. a distance contract for the delivery of goods in electronic commerce), the relevant additions must be combined (in the example given as follows: „ , but not before receipt of the goods by the recipient [in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery] and also not before fulfilment of our information obligations pursuant to Article 246 § 2 in conjunction with § 1 (1) and (2) EGBGB and our obligations pursuant to § 312g (1) sentence 1 BGB in conjunction with Article 246 § 3 EGBGB“). Insofar as supplements to be combined are linguistically identical, repetitions of the wording are not necessary.
[4]
Insert: Name/company and summonable address of the addressee of the cancellation.
The following can also be provided: Fax number, e-mail address and/or, if the consumer receives a confirmation of his cancellation declaration to the trader, also an Internet address.
[5]
This paragraph may be omitted if the mutual services are only rendered after the cancellation period has expired. The same applies if cancellation is out of the question (e.g. acceptance of a guarantee).
[6]
If a fee is agreed for tolerating an overdraft within the meaning of Section 505 BGB, the following must be inserted here:
„If you overdraw your account without a granted overdraft facility or if you exceed the overdraft facility granted to you, we may not demand any costs or interest from you beyond the repayment of the amount of the overdraft or overrun if we have not properly informed you of the conditions and consequences of the overdraft or overrun (e.g. applicable debit interest rate, costs).“
[7]
The following sentence must be inserted for distance contracts for services:
„This may mean that you still have to fulfil the contractual payment obligations for the period up to the revocation.“
[8]
In the case of distance contracts for the supply of goods, the following sentence shall be inserted in place of the preceding sentence:
„You only have to pay compensation for the deterioration of the item and for any use made of it if the use or deterioration is due to handling of the item that goes beyond checking its properties and functionality.“
[9]
If a reference to the obligation to pay compensation in accordance with Section 357 (3) sentence 1 BGB is not made in text form at the latest when the contract is concluded, the following must be inserted instead of the two preceding sentences: „You do not have to pay compensation for any deterioration caused by the intended use of the item.“ In the case of distance selling contracts, a notice communicated in text form immediately after conclusion of the contract is equivalent to such a notice at the time of conclusion of the contract if the trader has informed the consumer of the obligation to pay compensation in good time before the consumer's contractual declaration was submitted in a manner appropriate to the means of distance communication used.
If it is a distance contract for the delivery of goods, the following must be added:
„You only have to pay compensation for any use made of the goods if you have used the goods in a way that goes beyond testing their properties and functionality. „Testing the properties and functionality“ means testing and trying out the respective goods, as is possible and customary in a shop, for example.“
[10]
If the consumer has agreed to pay the shipping costs in accordance with Section 357 (2) sentence 3 BGB, the addition in brackets can be omitted. Instead, the following is to be inserted after „to be returned.“ insert the following:
„You must bear the regular costs of returning the goods if the delivered goods correspond to those ordered and if the price of the goods to be returned does not exceed 40 euros or, if the price of the goods is higher, if you have not yet paid the consideration or a contractually agreed instalment at the time of cancellation. Otherwise the return is free of charge for you.“
[11]
In the case of a right of cancellation in accordance with Section 312d (1) BGB, which applies to a distance contract for the provision of a service, the following note must be included here:
„Your right of cancellation expires prematurely if the contract has been completely fulfilled by both parties at your express request before you have exercised your right of cancellation.“
[12]
The following note for financed transactions may be omitted if there is no related transaction:
„If you finance this contract with a loan and later cancel it, you are no longer bound by the loan agreement if both contracts form a single economic unit. This is to be assumed in particular if we are also your lender or if your lender makes use of our co-operation with regard to the financing. If we have already received the loan when the cancellation takes effect or when the goods are returned, your lender shall assume our rights and obligations under the financed contract in relation to you with regard to the legal consequences of the cancellation or return. The latter does not apply if the subject of this contract is the acquisition of financial instruments (e.g. securities, foreign exchange or derivatives).
If you want to avoid a contractual commitment as far as possible, make use of your right of cancellation and also cancel the loan agreement if you are also entitled to a right of cancellation.“
In the case of a financed acquisition of real estate or a right equivalent to real estate, sentence 2 of the above note is to be amended as follows:
„This can only be assumed if the contracting parties in both contracts are identical or if the lender promotes your property transaction beyond the provision of loans by cooperating with the seller by adopting the seller's sales interests in whole or in part, by assuming functions of the seller in the planning, advertising or implementation of the project or by unilaterally favouring the seller.“
[13]
The following notice for distance contracts for financial services may be omitted if there is no added distance contract for a service:
„If you cancel this distance contract for a financial service, you are also no longer bound by an additional distance contract if this contract relates to a further service provided by us or a third party on the basis of an agreement between us and the third party.“
[14]
The place, date and signature bar may be omitted. In this case, this information must be replaced either by the words „End of the cancellation policy“ or by the words „Your (insert: company of the entrepreneur)“.