Rights of Withdrawal
8. Right of Withdrawal and Returns
8.1 Right of Withdrawal and Exceptions
You can withdraw from your order under the statutory right of withdrawal without giving any reason. You can find more information in the Withdrawal Policy. To exercise your right of withdrawal, you can use our withdrawal form or draft your own withdrawal statement. To view and print the returns information, you need the free Adobe Acrobat Reader.
Please note: The right of withdrawal does not apply to contracts
- for the supply of sound or video recordings or computer software, such as games (e.g. CDs, LPs, DVDs) in a sealed package, if the seal has been broken after delivery;
- for the supply of tickets for events of any kind with a specific date or period (e.g. concerts);
- for the supply of goods that are not prefabricated and for whose production an individual selection or specification by you is decisive, or which are clearly tailored to your personal needs;
- for the supply of sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal has been broken after delivery (e.g. piercings, contact lenses);
- for services, if EMP has fully performed the service and, before placing the order, you acknowledged and expressly agreed that we may begin performing the service and that you lose your right of withdrawal once the contract has been fully performed.
Withdrawal Policy
Standard withdrawal policy for exercising your right of withdrawal regarding purchase contracts for goods
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, took possession of the last item, or from the day the contract was concluded in the case of digital content not supplied on a physical data carrier (e.g. CDs or DVDs) and services.
To exercise your right of withdrawal, you must inform us (E.M.P. Merchandising Handelsgesellschaft mbH, Darmer Esch 333, 49811 Lingen, Germany, Tel. +49 (0)591-914310; email: [email protected], or any other EMP company) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an email). You may use the enclosed model withdrawal form, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient that you send your notice of exercising the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse 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 we offer), without undue delay and no later than fourteen days from the day on which we received notice of your withdrawal from this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees because of this reimbursement.
We may refuse reimbursement until we have received the goods back or until you have provided proof that you have sent back the goods, whichever is earlier.
You must send back or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you notify us of the withdrawal from this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.
We bear the direct costs of returning the goods. You are only 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.
If you have requested that services or the supply of water/gas/electricity/district heating begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the point at which you inform us of the exercise of the right of withdrawal from this contract, compared with the total scope of the services provided for in the contract.
8.2 Our Voluntary Return Guarantee
Without restricting the statutory right of withdrawal, we grant you a voluntary return guarantee, extended to a total of 30 days, for items that are also subject to the statutory right of withdrawal. The prerequisite for the 30-day return guarantee is that you have only worn/tried out the item for fitting purposes, as you would in a physical store, and that you return the item complete, in its original condition, intact and undamaged, in its original sales packaging. Under this voluntary return guarantee, we cover the return shipping costs if you use our returns portal for returns from Germany and Austria. In all other respects, the same conditions apply to the voluntary return guarantee as to the statutory right of withdrawal (see the Withdrawal Policy above), extended to 30 days.