Excerpts from the

General Terms and Conditions of Business

for the use of the platform www.inmf.net

concerning the right of withdrawal and the model withdrawal form

 

Excerpts from the General Terms and Conditions of Business for the use of the platform www.inmf.net (section 3 and section 9, subsection 10) are shown below, which inform you

  1. of the right of withdrawal for consumers concerning services of the operator, and
  2. of the right of withdrawal for consumers when purchasing own product ranges and vouchers of the operator.

The complete General Terms and Conditions of Business can be retrieved here.

A model withdrawal form is available here.

 

§ 3 Right of withdrawal for consumers concerning services

According to section 312 g, subsection 1 of the German Civil Code (Bürgerliches Gesetzbuch, BGB), consumers are entitled to have a right of withdrawal relating to section 355 of the German Civil Code (Bürgerliches Gesetzbuch, BGB) as far as distance contracts are concerned. A consumer is, according to section 13 of the German Civil Code (Bürgerliches Gesetzbuch, BGB), a natural person who concludes a legal transaction for purposes that cannot be predominantly ascribed neither to his or her commercial nor to his or her self-employed activity. According to section 312 c, subsection 1 of the German Civil Code (Bürgerliches Gesetzbuch, BGB), distance contracts are contracts in which the respective entrepreneur -or someone acting in his, her or its name or on his, her or its behalf- and consumers only use means of distance communication for the contract negotiations and the conclusion of the contract, however, except that the conclusion of the contract is not carried out in the context of a system of sale and service-provision organised for distance sales. According to section 312 c, subsection 2 of the German Civil Code (Bürgerliches Gesetzbuch, BGB), means of distance communication are all means of communication that can be used to initiate or to conclude a contract without the contractual parties being physically present at the same time, such as letters, catalogues, phone calls, faxes, e-mails, messages sent via cellular radio (Short Message Service, SMS) as well as broadcasting and telemedia.

As the operator is an entrepreneur within the meaning of section 14, subsection 1 of the German Civil Code (Bürgerliches Gesetzbuch, BGB) and as customers, who are private persons, are consumers within the meaning of section 13 of the German Civil Code (Bürgerliches Gesetzbuch, BGB) and conclude a contract with the operator by using exclusively means of distance communication, you are informed below of the corresponding right of withdrawal as far as services are concerned:

 

Cancellation policy (for consumers only)

 

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period will expire after fourteen days from the day on which the contract is concluded. To exercise your right of withdrawal, you must inform us

   (ABIGRO GmbH & Co. KG

   Humweilerstrasse 73 B

   66649 Oberthal / Germany

  

   Contact via e-mail)

of your decision to withdraw from this contract by making an unequivocal statement (e.g., a letter sent by mail, a fax or an e-mail). You may use the attached model withdrawal form, which, however, is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period will have expired.

 

Consequences of the withdrawal

If you withdraw from this contract, we shall pay back all payments received from you, including the delivery charges (except for the additional costs arising from the fact that you might have chosen a type of delivery that is different from the least expensive type of standard delivery offered by us), without undue delay and, in any event, not later than fourteen days from the day on which the communication concerning the withdrawal from this contract is received by us. For this repayment, we will use the same methods of payment that you will have used for the initial transaction, however, unless you have expressly agreed otherwise. In any case, you will not be charged fees because of this repayment.

If you request that the services should start during the withdrawal period, you have to pay us a fair amount of money corresponding to the percentage of services already provided up to the day on which you inform us of your will to exercise the right of withdrawal with respect to this agreement and in comparison to the total volume of services provided for in the contract.

 

End of the cancellation policy


Special notes

The withdrawal period does not start, according to section 356, subsection 3 of the German Civil Code (Bürgerliches Gesetzbuch, BGB), before a contractor has informed a consumer of the withdrawal option according to the requirements of article 246a, section 1, subsection 2, No 1 of the Introductory Act of the German Civil Code (Einführungsgesetz zum Bürgerlichen Gesetzbuch, EGBGB), and expires, at the latest, twelve months and 14 days after the date specified in section 355, subsection 2, sentence 2 of the German Civil Code (Bürgerliches Gesetzbuch, BGB), which means the date of the commencement of the withdrawal period by the conclusion of the contract.

According to section 356, subsection 4 of the German Civil Code (Bürgerliches Gesetzbuch, BGB), the right of withdrawal expires also, as far as a contract for the provision of services is concerned, if the contractor has fully provided the services and has only started with the execution of the service after the consumer has given his or her explicit consent and, at the same time, has confirmed his or her knowledge that he or she loses his or her right of withdrawal if the contractor fulfilled the contract completely. 

 


 

b) § 9 Own ranges of goods and vouchers of the operator

Subsection 10: cancellation policy (for consumers only)

Right of withdrawal for consumers when purchasing own product ranges & vouchers of the operator

According to section 312 g, subsection 1 of the German Civil Code (Bürgerliches Gesetzbuch, BGB), consumers are entitled to have a right of withdrawal relating to section 355 of the German Civil Code (Bürgerliches Gesetzbuch, BGB) as far as distance contracts are concerned of which you will be informed in the following explanation.

According to section 13 of the German Civil Code (Bürgerliches Gesetzbuch, BGB), a consumer is a natural person who concludes a legal transaction for purposes that cannot be predominantly ascribed neither to his or her commercial nor to his or her self-employed activity. According to section 312 c, subsection 1 of the German Civil Code (Bürgerliches Gesetzbuch, BGB), distance contracts are contracts whereby the entrepreneur -or someone acting in his, her or its name or on his, her or its behalf- and consumers only use means of distance communication for the contract negotiations and the conclusion of the contract, however, except that the conclusion of the contract is not carried out in the context of a system of sale and service-provision organised for distance sales. According to section 312 c, subsection 2 of the German Civil Code (Bürgerliches Gesetzbuch, BGB), means of distance communication are all means of communication that can be used to initiate or conclude a contract without the contractual parties being physically present at the same time, such as letters, catalogues, phone calls, faxes, e-mails, messages sent via cellular radio (SMS) as well as broadcasting and telemedia.

 

Cancellation policy (for consumers only):

 

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period will expire after fourteen days from the day on which the contract is concluded. To exercise your right of withdrawal, you must inform us

   (ABIGRO GmbH & Co. KG

   Humweilerstrasse 73 B

   66649 Oberthal / Germany

  

   Contact via e-mail)

of your decision to withdraw from this contract by making an unequivocal statement (e.g., a letter sent by mail, a fax or an e-mail). You may use the attached model withdrawal form, which, however, is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period will have expired.

 

Consequences of the withdrawal

If you withdraw from this contract, we shall pay back all payments received from you, including the delivery charges (except for the additional costs arising from the fact that you might have chosen a type of delivery that is different from the least expensive type of standard delivery offered by us), without undue delay and, in any event, not later than fourteen days from the day on which the communication concerning the withdrawal from this contract is received by us. For this repayment, we will use the same methods of payment that you will have used for the initial transaction, however, unless you have expressly agreed otherwise. In any case, you will not be charged fees because of this repayment.

We may refuse a refund until we will have received the goods back or until you will have provided evidence of having sent back the goods, whichever is the earliest. You have got to send back the goods or to hand them over to us without undue delay, and, in any case, not later than fourteen days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send back the goods before the expiration of the period of fourteen days. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods if this diminished value results from the handling other than what is necessary to establish the nature, characteristics and functioning of the respective goods.

 

Exclusion of the right of withdrawal

The right of withdrawal does not apply to contracts

  • concerning the delivery of goods that are not prefabricated and for which an individual choice or determination by the consumer is decisive or that are clearly adjusted to the personal needs of the consumer;

  • concerning the delivery of goods that can quickly decay or whose expiry date would pass quickly;

  • concerning the delivery of sealed goods that are not suitable for a return for reasons of health or hygiene if their sealing has been removed after the delivery;

  • concerning the delivery of goods if the respective goods were inseparably mixed with other goods after the delivery due to their nature;

  • concerning the delivery of alcoholic beverages whose price has been agreed upon in the contract, but that can be delivered at the earliest thirty days after the conclusion of the contract, and whose current value depends on fluctuations in the market on which the entrepreneur has no influence;

  • concerning the delivery of audio or video recordings or computer software in a sealed pack if the sealing will have been removed after the delivery;

  • concerning the delivery of newspapers, periodicals or magazines with the exception of subscription contracts.

 

End of the cancellation policy

 

Special notes

The withdrawal period does not start according to section 356, subsection 3 of the German Civil Code (Bürgerliches Gesetzbuch, BGB) before a contractor has informed a consumer of the withdrawal option according to the requirements of article 246a, section 1, subsection 2, No 1 of the Introductory Act of the German Civil Code (Einführungsgesetz zum Bürgerlichen Gesetzbuch, EGBGB), and expires at the latest twelve months and 14 days after the date specified in section 355, subsection 2, sentence 2 of the German Civil Code (Bürgerliches Gesetzbuch, BGB), which means the date of the commencement of the withdrawal period by the conclusion of the contract.

 

 

Effective date: 23/06/2017

 

 

 

                                                                                    Model withdrawal form (for consumers only)
 
 
(If you want to withdraw from the contract, please fill out this form and send it back)
 
– to

 

  ABIGRO GmbH & Co. KG
  Humweilerstrasse 73 B
  66649 Oberthal / Germany
 
 

 

– I/we (*) herewith withdraw from the contract concluded by me/us (*) concerning the purchase of the following goods (*) / concerning the provision of the following services (*)
 
– Ordered on (*) / received on (*)
 
– Name of the consumer(s)
 
– Address of the consumer(s)
 
– Signature of the consumer(s) (for written notices only)
 
– Date
_____________
(*) Delete as appropriate.
 
 
 
The model withdrawal form is also available as a fillable PDF form.
 
You will receive a free program to fill out, save and print out this model withdrawal form here.
 

 

 
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