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Right of withdrawal

 

 

Revocation Guidelines

Revocation for purchases WITHOUT Agreement for Payment by Instalments.
Only consumers have the right of revocation.

 

1. Right of revocation:

You have the right to revoke this contract within 14 days without giving reasons.

The revocation period is 14 days from the date you or any third party nominated by you, which is not the carrier, took possession of the last assignment of goods. In order to exercise your right of revocation, you must notify us,

OTR-Performance GmbH
Hugo-Junkers-Str. 52-54
50739 Köln
Telefon:     +49-221-768056-0
Fax:            +49-221-768056-6
Email:    info@off-the-road.de

by means of an unambiguous declaration (e.g. in a letter sent by post, in a fax or in an e-mail) of your decision to revoke this contract. You may use the attached Specimen Revocation Declaration Form, but you do not have to use this form.

You may fill out and send the Specimen Revocation Declaration Form or any other unambiguous declaration electronically on our website [www.off-the-road.de] and transmit it to us via the website. If you make use of this option, we shall without delay (e.g. by e-mail) send you a confirmation of the receipt of such a revocation.

To meet the revocation period it will be sufficient to send the notification of the exercise of the rights of revocation prior to the expiry of the revocation period.

2. Consequences of revocation:

If you revoke this contract, we are obliged to refund to you all received payments from you, including delivery costs (with the exception of any additional costs incurred due to your selection of a type of delivery other than the most cost-effective standard delivery) without delay and at the latest within 14 days from the date on which we received the notification of your revocation of this contract. We refund your payment using the same currency you used in the original transaction, unless otherwise expressly agreed with you; in no way we will charge you a fee for this reimbursement. We may refuse to make the repayment until we have received the returned goods or until you have submitted the evidence that you have returned the goods, depending on which is the earlier point in time.

You must return or surrender the goods to us without delay and in any case within 14 days from the date, on which you notified us about the revocation of this contract. The period will be met, if you despatch the goods prior to the expiry of the 14 days period. You shall bear the direct costs of returning the goods. Returns without postage paid cannot be accepted.

You must pay for any loss in value in the goods, only if this loss of value is attributable to handling the goods in a manner other than necessary for checking properties and condition, features and mode of operation of the goods.

The right of cancaletion is not valid for Switzerland.

End of Guidance on Revocation

 

Revocation Guidelines

Revocation for purchases WITH Agreement for Payment by Instalments.
Only consumers have the right of revocation.

1. Right of revocation:

You may revoke your statement of contractual agreement within 14 days without giving reasons. The period begins on conclusion of the contract, but not earlier after you having received all mandatory statements pursuant to § 492 paragraph 2 German Civil Code (e.g. statement on the type of loan, statement on the net loan amount, statement on the term of the contract). You have received all the mandatory statements, when they are included in the copy of order or contract document specially executed for you or in a duplicate of the order or the contractual document designated and made available to you. You may be notified subsequently on a permanent data storage device of the mandatory statements not included in the text of the contract; the revocation period then is one month. Simultaneously with the made up mandatory statements you will obligatory be reminded of the start of the revocation period. To meet the revocation deadline timely despatch of the revocation will be sufficient, if the declaration is sent on a permanent data storage device (e.g. letter, fax or e-mail). The revocation must be addressed to:

OTR-Performance GmbH
Hugo-Junkers-Str. 52-54
50739 Köln
Telefon:     +49-221-768056-0
Fax:            +49-221-768056-6
Email:    info@off-the-road.de

 

Specifics in case of further contracts

If you revoke this loan agreement, you are no longer bound by the contract for the purchase of the goods (hereinafter: linked contract). If you have a right to revoke the linked contract and if you effectively revoke the linked contract, then you are also no longer bound by the loan agreement. The relevant provisions in the linked contract and the therefore provided Guidance on Revocation apply to the legal consequences of revocation. 

2. Consequences of revocation:

As far as the loan has already been paid out, you must repay it at the latest within 30 days. The period begins with the despatch of the declaration of revocation. No interest is due for the period between out payment and repayment of the loan.

Specifics in case of further contracts

If you have a right of revocation with respect to the linked contract, in the case of effective revocation of the linked contract our claims to the payment of interest and cost arising from the rescission of the loan agreement are excluded. If you are no longer bound by the linked contract by virtue of the revocation of this loan agreement, any benefit regarding this contract received by either party must be returned.

As a matter of principle you bear the direct costs of returning the goods. You shall bear the direct costs of returning the goods. Returns without postage paid cannot be accepted. If you are unable to return the item delivered by virtue of the linked contract or can only return the item in part or in a deteriorated condition, you must pay compensation in this respect. However, this is relevant only where the loss of value can be attributed to handling the goods in a manner other than necessary for checking properties and condition, features and mode of operation of the goods.
Right of withdrawal s not valid for Switzerland.

Objections in the case of linked contracts

You may refuse repayment of the loan, if there are objections, which would justify you in refusing your consideration arising from the linked contract as regards the contractual partner. This shall not apply, if the financed fee is less than € 200.00 or if the legal ground for the objection relies on an agreement, which has been concluded between you and the other contractual partner subsequent to the conclusion of the loan agreement. If you have the right to require the other contractual partner to fulfil the contract, he may refuse the repayment of the loan only if supplementary performance has failed

End of Revocation Guidelines

This right of cancellation does not exist in the case of contracts for the delivery of goods that OFF-THE-ROAD has manufactured on the basis of the Customer’s specifications or which are clearly tailored to the personal needs of the Customer. The Customer knows that by ordering such products he/she is giving precise instructions for the goods to be manufactured.

 

Sample Revocation Declaration Form

To

OTR-Performance GmbH
Hugo-Junkers-Str. 52-54
50739 Köln
Telefon:     +49-221-768056-0
Fax:            +49-221-768056-6
Email:    info@off-the-road.de

I/we (*) hereby revoke the contract concluded with me/us (*) for the purchase of the following goods (*)/the performance of the following service (*):

Ordered on (*) received at (*): 
Name of Consumer:

Consumer’s address:

Consumer’s signature (only for notification on paper):

Date:

 

(*) Cross-out / disregrad where inapplicable