Right of Withdrawal

Right of Withdrawal

If you are a business operator (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 independent professional activity), the following applies:

Right of Withdrawal

You have the right to withdraw from 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

Atempause UG (limited liability)

Chris Ziesenitz

Atempause UG
An der Schanze 46
24159 Kiel

Email: info@atempause-kaffee.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 different method of delivery method than the cheapest standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we receive notification of your withdrawal from this contract. We will use the same payment method for this refund that 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 withhold 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 without delay 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 fourteen-day period expires.

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 attributable to handling of the goods that goes beyond what is necessary to check their condition, properties, and functionality.

Sample Withdrawal Form

(If you wish to withdraw from the contract, please fill out this form and return it.)

To:

Atempause UG
An der Schanze 46
24159 Kiel

Email: info@atempause-kaffee.de

I/we (*) hereby withdraw from the contract concluded by me/us (*) for 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 consumer(s) (only for paper notifications)

………………………………………………………………….……

Date …………………………….

(*) Delete as appropriate.

1. Notes

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 determination by the consumer is decisive, or that are clearly tailored to the consumer’s personal needs,
• Contracts for the delivery of goods that are liable to spoil quickly or whose expiration date would be quickly exceeded,
• 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 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 broken after delivery,
• Contracts for the delivery of goods if, due to their nature, they have become inseparably mixed with other goods after delivery,
• Contracts for the delivery of audio or video recordings or computer software in sealed packaging, if the seal has been removed after delivery,

1.2 Please avoid damaging or soiling the goods. Please return the goods to us in the original packaging, if possible, with all accessories and all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please ensure adequate protection against transport damage by using suitable packaging.

1.3 Please note that the aforementioned Section 7.2 is not a prerequisite for the valid exercise of the right of withdrawal.

2. Compensation for loss of value upon cancellation

In the event of a withdrawal from the contract, the customer must, notwithstanding § 346(2)(3) of the German Civil Code (BGB), compensate for any loss in value of the goods if the loss in value is attributable to handling of the goods that was not necessary to examine 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 statutory liability for defects. Liability and warranty are governed by the statutory provisions.

The warranty period for used items is 12 months. Claims for damages remain unaffected by this provision. Any guarantees do not limit the statutory warranty claims.

3.1 We can only consider complaints regarding defects if they are received by 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 No warranty or liability applies if the defect or damage is due to alterations 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 committed to the following code of conduct: The seller has committed to the Trusted Shops quality criteria, which can be viewed online at http://www.trustedshops.de/shopbetreiber/qualitaetskriterien.html.

4.2 Please refer to the individual product descriptions on the website for the essential characteristics of the goods offered by the seller as well as the validity period of limited-time offers. The language available for the conclusion of the contract is exclusively German.

4.3 You may submit complaints and warranty claims to the address provided in the seller’s 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. You can then select the shipping method and desired payment method and, finally, place your order by clicking the “Buy” button. Until then, you have the option 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 product page containing 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 print the relevant website using your browser’s print function. After the contract is concluded, you will automatically receive an email with further information regarding the processing 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 influence over the duration of the eBay website’s storage, please note that, in accordance with eBay’s Terms and Conditions, members are responsible for archiving information viewable via 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, nor does the seller make the contract text available to the customer themselves. However, after the contract is concluded, we will send the customer an order confirmation with all details to the email address you provided, in which all essential data regarding your order, our Terms and Conditions, and your right of withdrawal notice will be communicated to you once again. You have the option to print out both the Terms and Conditions and your order with all data entered during the ordering process. You also have the option to print the contract text using your browser’s print function. You can also save the contract text by right-clicking to save the webpage to your computer. Once the order process is complete, the contract text will no longer be accessible to you.

5. Final Provisions

5.1 The contractual relationship between the Seller and the Customer, as well as the respective Terms and Conditions, shall be governed by the laws of the Federal Republic of Germany. 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 shall remain unaffected by this Agreement. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

5.2 If any of the foregoing provisions have not become part of the contract in whole or in part or are invalid, the remainder of the contract shall remain valid. To the extent that the provisions have not become part of the contract or are invalid, the content of the contract shall be governed by the statutory provisions.

Special case: Partial return of goods shipped free of charge. If you exercise your right of withdrawal and return part of the goods that we delivered to you free of charge, 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 the 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.