Right of Withdrawal
Right of Withdrawal for Consumers
(A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither related to their commercial activities nor to their self-employed professional activities.)
Right of Withdrawal Policy
Right of Withdrawal
You have the right to withdraw from this contract within one month without giving any reason.
The withdrawal period is one month from the day,
- at which you or a third party designated by you, other than the carrier, took possession of the goods, provided that you ordered one or more items as part of a single order and they are delivered together;
- on the date on which you or a third party designated by you (other than the carrier) took possession of the last item, provided that you ordered multiple items as part of a single order and they were delivered separately;
To exercise your right of withdrawal, you must inform us (Everstack GmbH, Arsterdamm 94B, Tor 062-086, 28277 Bremen, Germany, Phone: +491733973160, email address: info@everstack.de) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by mail or an email). You may use the attached model withdrawal form for this purpose, but this is not required.
To comply with the cancellation period, it is sufficient for you to send the notice of your intention to exercise your right of cancellation before the cancellation period expires.
Consequences of the Revocation
If you cancel this contract, we must refund all payments we have received from you, including delivery costs (except for any additional costs resulting from your choice of a delivery method other than the least expensive standard delivery option we offer), without delay and no later than 14 days from the day we receive notice of your cancellation of 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 comes first.
You must return or hand over the goods to us or to Everstack GmbH, Arsterdamm 94B, Tor 062-086, 28277 Bremen, Germany, without delay and, in any case, no later than 14 days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you ship the goods before the 14-day period expires.
We will cover the cost of returning the goods.
You are only liable for any loss in value of the goods if such loss is attributable to handling of the goods that goes beyond what is necessary to assess their nature, characteristics, and functionality.
Grounds for Exclusion or Termination
The right of withdrawal does not apply to 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;
- for the delivery of goods that are liable to spoil quickly or whose expiration date would be quickly exceeded;
- for the delivery of alcoholic beverages whose price was agreed upon at the time the contract was concluded, but which cannot be delivered until at least 30 days after the contract was concluded and whose current value depends on market fluctuations over which the business has no control;
- for the delivery of newspapers, periodicals, or magazines, with the exception of subscription contracts.
The right of withdrawal expires early for 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;
- for the delivery of goods if, due to their nature, they have become inseparably mixed with other goods after delivery;
- for the delivery of audio or video recordings or computer software in sealed packaging, if the seal has been broken after delivery.
Sample Cancellation Form
(If you wish to cancel the contract, please fill out this form and return it.)
- An Arsterdamm 94B, Gate 062-086, 28277 Bremen, Germany, Email address: info@everstack.de:
- I/we (*) hereby cancel the contract I/we (*) entered into 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.