Right of Withdrawal
Right of Withdrawal
If you are a business owner (see Section 1.2 of our Terms and Conditions) within the meaning of Section 14 of the German Civil Code (BGB), the right of withdrawal does not apply. For consumers (any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their self-employed professional activity), the following applies:
Right of Withdrawal
You have the right to cancel this contract within 14 days without giving any reason.
The withdrawal period is 14 days from the day on which you or a third party designated by you, who is not the carrier, took possession of the goods.
To exercise your right of withdrawal, you must notify me
EVE Production Holding (PVT) Ltd.
Ovel View Residencies 052005
00800 Borella
Sri Lanka
Phone: 0431 - 28974055
Email: info@gn-cosmetics.de
by means of a clear statement (e.g., a letter sent by mail, telephone, fax, or email) regarding your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, though this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising the right of withdrawal before the withdrawal period expires.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without undue delay and no later than fourteen days from the day on which the notification of your withdrawal from this contract is received by us. For this refund, we will use the same payment method you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees in connection with this refund.
We may refuse to make the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiration of the fourteen-day period.
You shall bear the direct costs of returning the goods.
You are only liable 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 the examination of their nature, characteristics, and functionality.
Model Withdrawal Form
(If you wish to cancel the contract, please fill out this form and send it back.)
To:
EVE Production Holding (PVT) Ltd.
Ovel View Residencies 052005
00800 Borella
Sri Lanka
Phone: 0431 - 28974055
Email: info@gn-cosmetics.de
I/we (*) hereby cancel the contract concluded by me/us (*) regarding 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 the/the consumer(s) (only for paper notifications)
………………………………………………………………….……
Date …………………………….
(*) Delete as appropriate.
1. Information
1.1 Unless the parties have agreed otherwise, the right of withdrawal does not apply to the following contracts:
Contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or specification by the consumer is decisive or which are clearly tailored to the consumer’s personal needs,
Contracts for the delivery of goods that are liable to deteriorate rapidly or whose expiration date would be exceeded rapidly,
Contracts for the delivery of alcoholic beverages whose price was agreed upon at the time of conclusion of the contract, but which can be delivered no earlier than 30 days after the conclusion of the contract and whose current value depends on market fluctuations over which the business operator has no influence,
Contracts for the delivery of newspapers, periodicals, or magazines, with the exception of subscription contracts,
The right of withdrawal expires prematurely, unless the parties have agreed otherwise, in the case of the following contracts:
Contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery,
Contracts for the delivery of goods, if these have been inseparably mixed with other goods after delivery due to their nature,
Contracts for the delivery of audio or video recordings or computer software in a sealed package, if the seal has been broken after delivery,
1.2 Please avoid damaging or soiling the goods. Please return the goods to us, if possible, in the original packaging with all accessories and all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please ensure sufficient protection against transport damage using suitable packaging.
1.3 Please note that the aforementioned Section 7.2 is not a prerequisite for the effective exercise of the right of withdrawal.
2. Compensation for loss of value in the event of a
In the event of a cancellation of the contract, the customer must, notwithstanding Section 346(2)(3) of the German Civil Code (BGB), provide compensation for a loss in value of the goods if the loss in value is attributable to handling of the goods that was not necessary to inspect the nature, characteristics, and functionality of the goods, and we have informed the customer of their right of withdrawal in accordance with Article 246a § 1(2) sentence 1 no. 1 of the Introductory Act to the Civil Code.
3. Liability for Defects, Warranty Rights, Liability
All our goods are subject to a statutory right of liability for defects. The statutory provisions apply to liability and warranty.
The warranty period for used items is 12 months. Claims for damages remain unaffected by this provision. Any warranties do not limit the statutory warranty claims.
3.1 We can only consider claims for defects if they are submitted to us in writing immediately upon discovery, but no later than 10 days after receipt of the goods.
3.2 Hidden defects that cannot be discovered even upon careful inspection within this period must be reported in writing immediately upon discovery, but no later than 3 months after receipt of the goods.
3.3 A warranty or liability does not apply if the defect or damage is due to modifications or improper handling of the goods by the customer or third parties.
4. Consumer Information for Distance Contracts Regarding the Purchase of Goods
4.1 The Seller has submitted to the following code of conduct: The Seller has submitted to the Trusted Shops quality criteria, which can be viewed online at http://www.trustedshops.de/shopbetreiber/qualitaetskriterien.html.
4.2 The essential characteristics of the goods offered by the seller, as well as the validity period of limited-time offers, can be found in the individual product descriptions on the website. The language available for the conclusion of the contract is exclusively German.
4.3 Complaints and warranty claims may be submitted to the address listed in the provider identification. Please refer to the offer for information regarding payment, delivery, or fulfillment.
4.4 In the online shop, you first add the selected items to your shopping cart. Once you have selected all desired items, you can proceed to checkout. If you are already a customer, you can log in by entering your email address and password, or via Facebook or Twitter. If you are a new customer, you can either continue your purchase without registering in the shop, or open a personal customer account. In both cases, you must first enter your contact information in the next step. After that, you can select the shipping method and desired payment method, and finally place your order by clicking the “Buy” button. Until then, you have the opportunity to review your entries, verify them, and, if necessary, correct them on the previous page by clicking the “Back” button in your browser, or cancel the ordering process by leaving the page.
4.5 Storage of the contract text on the eBay online marketplace
The seller does not store the contract text themselves after the contract is concluded, nor does the seller make the contract text available to the customer themselves. However, the contract text is archived on eBay and can be accessed by the customer free of charge at www.ebay.de for a period of 90 days after the contract is concluded by entering the corresponding item number. To view the item page with the contract text, the customer can enter the corresponding item number into the search field on the eBay homepage and click the “Find” button. You can use your browser’s print function to print out the relevant website. After the contract is concluded, you will automatically receive an email with further information regarding the fulfillment of the contract. You can also save the contract text by right-clicking to save the webpage to your computer. However, since the seller has no control over the duration of the storage of the eBay website, please note that, in accordance with the eBay Terms and Conditions, members are responsible for archiving information viewable via the eBay services and stored by eBay—which they require for the purposes of preserving evidence, bookkeeping, or other purposes—on a storage medium independent of eBay.
4.6 Storage of the Contract Text in the Online Store
The seller does not store the contract text themselves after the contract is concluded, and the seller does not make the contract text available to the customer themselves. However, after the contract is concluded, we send the customer an order confirmation with all details to the email address you provided, in which you will once again be provided with all essential details of your order, our Terms and Conditions, and your right of withdrawal notice. You have the option to print both the General Terms and Conditions and your order with all data entered during the ordering process. Using the print function of your browser, you also have the option to print the contract text. You can also save the contract text by right-clicking to save the webpage to your computer. After completion of the order process, the contract text is no longer accessible to you.
5. Final Provisions
5.1 The law of the Federal Republic of Germany applies to the contractual relationship between the seller and the customer as well as to the respective terms and conditions. If the customer is a consumer, the applicable statutory provisions and rights existing under the law of the customer’s country of residence in favor of the consumer remain unaffected by this agreement. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
5.2 If the aforementioned provisions have not become part of the contract in whole or in part or are invalid, the remainder of the contract remains valid. To the extent that the provisions have not become part of the contract or are invalid, the content of the contract is governed by statutory provisions.
Special case: Partial return of goods shipped with free shipping. If you exercise your right of withdrawal and return part of the goods that we delivered to you with free shipping, the value of the goods will be recalculated. If the value of the retained goods is €90 or more, no further costs will be incurred. If the value of the retained goods is less than €90 after a partial return, we will re-evaluate the order and charge the standard packaging and shipping costs of €8.90, which apply to orders under €90.