Consumers are entitled to a right of revocation according to the following provision, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor his independent professional activity:
A. Right of revocation (trade)
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took or has taken possession of the last goods.
By way of derogation, in the case of a contract for the regular supply of goods over a fixed period, the withdrawal period shall be fourteen days from the day on which you or a third party, other than the carrier and designated by you, took possession of the first goods.
In order to exercise your right of revocation, you must notify us (Andreas Brandl, 1st Cloud, Regentalweg 10, 93073 Neutraubling, GERMANY, Phone (DE/EN): +49 32 229990173, Phone (CZ/EN): +420 226 211 344, Fax (DE/EN): +49 32 229990174, Fax (CZ/EN): +420 226 211 345, E-mail (DE/CZ/EN): hello@1st-Cloud.net) by means of a clear statement (e.g. a letter sent by post, e-mail or via the secure online customer portal) about your decision to revoke this contract. You may use the attached sample revocation form, which is not mandatory.
In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than any additional charges arising from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your revocation of this Agreement. For this refund, 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 for this refund. We may refuse to make any 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 event no later than fourteen days from the date on which you notify us of the cancellation of this agreement. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the fourteen-day period.
We shall bear the costs of returning such goods which, due to their nature, can normally be returned to us by post. You shall bear the direct costs of returning such goods that cannot be returned to us normally by post due to their nature (goods for forwarding agents), which are estimated to be a maximum of approximately 50 euros for each such goods.
You will only have to pay 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 checking their condition, properties and functioning.
Exclusion or premature expiration of the right of withdrawal
The right of revocation does not apply to contracts for the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
The right of revocation does not apply to contracts for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded.
The right of withdrawal shall not apply to contracts for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts.
The right of withdrawal does not apply to contracts for the supply of goods whose price depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur within the withdrawal period.
The right of withdrawal expires prematurely in the case of contracts for the supply of sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery.
The right of revocation expires prematurely in the case of contracts for the delivery of goods if these goods have been inseparably mixed with other goods after delivery due to their nature.
The right of revocation expires prematurely in the case of contracts for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.
The right of revocation does not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole residence and delivery address at the time of conclusion of the contract is outside the European Union.
According to § 312g para. 2 No. 9 BGB, unless otherwise agreed, a right of revocation does not apply to contracts for the provision of services in connection with leisure activities if the contract provides for a specific date or period of time for the provision of such services. Accordingly, a right of revocation is also excluded in the case of contracts which have as their object the sale of tickets for scheduled leisure events.
If you finance this contract by means of a loan and revoke it later, you are also no longer bound by the loan agreement, provided that both contracts form an economic unit. This is to be assumed in particular if we are also your lender or if your lender uses our cooperation with regard to the financing. If we have already received the loan when the revocation becomes effective or when the goods are returned, your lender will enter into our rights and obligations from the financed contract in relation to you with regard to the legal consequences of the revocation or return. The latter does not apply if the present contract concerns the acquisition of financial instruments (e.g. securities, foreign exchange or derivatives). If you want to avoid a contractual obligation as far as possible, make use of your right of revocation and also revoke the loan agreement if you also have a right of revocation for this.
1) Please avoid damage and contamination of the goods. Please return the goods to us in original packaging with all accessories and with all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure adequate protection against transport damage.
2) Please do not return the goods to us freight collect.
3) Please note that the aforementioned numbers 1-2 are not a prerequisite for the effective exercise of the right of withdrawal.
B. Revocation form
If you want to cancel the contract, please fill out this form and send it back.
I/we (*) hereby revoke 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 in case of communication on paper)
(*) Delete as appropriate
Last Update: 03/18/2021 - 18:55pm