The right of withdrawal for consumers
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or self-employed professional activity (§ 13 BGB).
Right of withdrawal:
You have the right to withdraw from this contract within 14 days without giving any reason.
The cancellation period is 14 days from the day
- – at which you or a third party designated by you, who is not the carrier, have taken possession of the goods, provided that you have ordered one or more goods as part of a single order and they are delivered together.
- – at which you or a third party designated by you, who is not the carrier, have taken possession of the last item, provided that you have ordered multiple goods as part of a single order and they are delivered separately.
- – at which you or a third party designated by you, who is not the carrier, have taken possession of the last partial delivery or the last item, provided that you have ordered a product that is delivered in multiple partial shipments or items.
Right of withdrawal for digital products
According to a lot of international Civil Codes, the right of withdrawal for digital content not delivered on a physical medium expires as soon as the download is made available. The necessary information is provided in the terms and conditions, which the customer accepts by actively confirming via a checkbox before purchase.
By purchasing a digital product, you agree that the download will be made available immediately after payment, and that your right of withdrawal will expire once the download begins.
Abuse of the right of withdrawal
We explicitly point out that the right of withdrawal is not intended for using goods without payment. To prevent abuse of the right of withdrawal, we reserve the following measures:
| Strict adherence to deadlines: | Cancellation periods are strictly adhered to. Cancellation after the 14-day period is not possible. |
| Inspection of the goods: | Returns will be carefully inspected. If the returned goods have been used beyond the normal examination and have resulted in a reduction in value, we reserve the right to request an appropriate compensation for the loss in value. |
| Blacklist: | Customers who abuse the right of withdrawal will be placed on an internal blacklist and may be excluded from making future purchases in our store. |
| Reporting to organizations: | Furthermore, we reserve the right to report repeated abuse cases to relevant organizations, which may negatively affect the general customer status. |
To exercise your right of withdrawal, you must inform us
1001 SMILES
Via Vincenzo Statella 75
96100 Siracusa
Italy
E-Mail: hallo@1001smiles.de
of your decision to revoke this contract through an unequivocal statement. You may use the sample withdrawal form provided below, but this is not mandatory.
To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the withdrawal period expires.
Reasons for exclusion or expiration
The right of withdrawal only applies if the product is returned undamaged and in perfect condition. In the case of damage caused by improper handling or intentional damage, there is no right to return or refund.
The right of withdrawal does not apply to contracts if it is concluded in accordance with Article 16(c) and (e) of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on Consumer Rights is not provided for. This is the case when:
| 1. | Goods are delivered that are made to the consumer's specifications or are clearly personalized to meet their individual needs; | |
| 2. | Sealed goods are delivered that are not suitable for return for reasons of health protection or hygiene, and whose seal has been removed after delivery; | |
| 3. | Newspapers, magazines, or periodicals are delivered, except for subscription contracts for the delivery of such publications. | |
| 4. | Digital content is delivered that is not provided on a physical medium, if the execution has begun with the consumer's prior express consent and their acknowledgment that they will lose their right of withdrawal as a result. |
and in accordance with § 312 g Abs. 2 Nr. 1 BGB , which states that the right of withdrawal does not apply to the following contracts unless the parties have agreed otherwise:
Consequences of withdrawal
If you withdraw from a contract that is subject to withdrawal rights, we will refund all payments we have received from you, including delivery costs (except for additional costs resulting from your choice of a delivery method other than the least expensive standard delivery we offer), without undue delay and no later than fourteen days from the day we receive your notice of withdrawal from this contract. For this refund, we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged fees for this refund.
We may refuse the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever occurs earlier.
After you have declared your withdrawal, you have a return period of 14 days. Within this period, you are obliged to return or hand over the goods to us. The period starts on the day you inform us of the withdrawal from this contract. To meet the deadline, it is sufficient to send the goods back in time.
You shall bear the direct costs of returning the goods.
You will only be liable for any loss in value of the goods if the loss is due to handling them in a way that is not necessary to check their nature, characteristics, and functionality.
End of the cancellation policy
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Cancellation form
Sample Cancellation Form (If you wish to cancel the contract for products eligible for cancellation, you can use this sample cancellation form and preferably send it to us by email. Alternatively, you may also use the postal address provided above.)
To:
E-Mail: hallo@1001smiles.de
I/We hereby cancel 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 notification on paper)
__________________
Date
__________________
(*) Delete as applicable.
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