Right of Withdrawal
Right of withdrawal for the sale of goods
Right of withdrawal for consumers
(A consumer is any natural person who concludes a legal transaction for purposes which are predominantly outside their commercial or independent professional activity.)
Model instructions on withdrawal
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
- on which you or a third party nominated by you, who is not the carrier, took possession of the goods, provided that you ordered one or more goods under a single order and these are delivered in one delivery;
- on which you or a third party nominated by you, who is not the carrier, took possession of the last good, provided that you ordered several goods under a single order and these are delivered separately;
- on which you or a third party nominated by you, who is not the carrier, took possession of the last partial delivery or the last item, provided that you ordered goods that are delivered in several partial deliveries or items.
To exercise your right of withdrawal, you must inform us (AsVIVA Brands GmbH, Borsigstraße 4, 41541 Dormagen, telephone number: +49 (0) 2133 8688812, e-mail address: service@asviva.de) by means of a clear statement (e.g. a letter sent by post or an e-mail) of your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, but it is not obligatory.
You may also fill in and submit the model withdrawal form or any other clear statement electronically on our website (www.asviva.de). If you make use of this option, we will send you without delay (e.g. by e-mail) a confirmation of receipt of such withdrawal.
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 has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold the reimbursement for goods that can be sent by parcel until we have received these goods back or until you have supplied evidence of having sent back these goods, whichever is the earliest.
We will collect the goods that cannot be sent by parcel.
You shall send back the goods that can be sent by parcel or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods that can be sent by parcel before the period of 14 days has expired.
You bear the direct costs of returning the goods that can be sent by parcel as well as the direct costs of returning the goods that cannot be sent by parcel.
The costs for goods that cannot be sent by parcel are estimated at a maximum of approximately 100 EUR.
You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Criteria for exclusion or expiry
The right of withdrawal does not apply to contracts
- for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
- for the supply of goods that can spoil quickly or whose expiry date would be exceeded quickly;
- for the supply of alcoholic beverages, the price of which was agreed upon conclusion of the contract, but which can be delivered at the earliest 30 days after the conclusion of the contract and the current value of which depends on fluctuations in the market on which the trader has no influence;
- for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts.
The right of withdrawal expires prematurely in the case of contracts
- for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
- for the supply of goods which, after delivery, are, by their nature, inseparably mixed with other items;
- for the supply of audio or video recordings or computer software in a sealed package, if the seal was removed after delivery.
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
– To AsVIVA Brands GmbH, Borsigstraße 4, 41541 Dormagen, e-mail address: service@asviva.de:
– I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
– Ordered on (*)/received on (*),
– Name of consumer(s),
– Address of consumer(s),
– Signature of consumer(s) (only if this form is notified on paper),
– Date
(*) Delete as appropriate.
Right of withdrawal for consumers
(A consumer is any natural person who concludes a legal transaction for purposes which are predominantly outside their commercial or independent professional activity.)
Model instructions on withdrawal
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
- on which you or a third party nominated by you, who is not the carrier, took possession of the goods, provided that you ordered one or more goods under a single order and these are delivered in one delivery;
- on which you or a third party nominated by you, who is not the carrier, took possession of the last good, provided that you ordered several goods under a single order and these are delivered separately;
- on which you or a third party nominated by you, who is not the carrier, took possession of the last partial delivery or the last item, provided that you ordered goods that are delivered in several partial deliveries or items.
To exercise your right of withdrawal, you must inform us (AsVIVA Brands GmbH, Borsigstraße 4, 41541 Dormagen, telephone number: +49 (0) 2133 8688812, e-mail address: service@asviva.de) by means of a clear statement (e.g. a letter sent by post or an e-mail) of your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, but it is not obligatory.
You may also fill in and submit the model withdrawal form or any other clear statement electronically on our website (www.asviva.de). If you make use of this option, we will send you without delay (e.g. by e-mail) a confirmation of receipt of such withdrawal.
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 has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold the reimbursement for goods that can be sent by parcel until we have received these goods back or until you have supplied evidence of having sent back these goods, whichever is the earliest.
We will collect the goods that cannot be sent by parcel.
You shall send back the goods that can be sent by parcel or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods that can be sent by parcel before the period of 14 days has expired.
You bear the direct costs of returning the goods that can be sent by parcel as well as the direct costs of returning the goods that cannot be sent by parcel.
The costs for goods that cannot be sent by parcel are estimated at a maximum of approximately 100 EUR.
You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Criteria for exclusion or expiry
The right of withdrawal does not apply to contracts
- for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
- for the supply of goods that can spoil quickly or whose expiry date would be exceeded quickly;
- for the supply of alcoholic beverages, the price of which was agreed upon conclusion of the contract, but which can be delivered at the earliest 30 days after the conclusion of the contract and the current value of which depends on fluctuations in the market on which the trader has no influence;
- for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts.
The right of withdrawal expires prematurely in the case of contracts
- for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
- for the supply of goods which, after delivery, are, by their nature, inseparably mixed with other items;
- for the supply of audio or video recordings or computer software in a sealed package, if the seal was removed after delivery.
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
– To AsVIVA Brands GmbH, Borsigstraße 4, 41541 Dormagen, e-mail address: service@asviva.de:
– I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
– Ordered on (*)/received on (*),
– Name of consumer(s),
– Address of consumer(s),
– Signature of consumer(s) (only if this form is notified on paper),
– Date
(*) Delete as appropriate.
Frequently asked questions
How long do I have a right of cancellation?
You have the right to withdraw from this contract within one month without giving any reason.
How do I cancel my order?
By making a clear statement (e.g., letter or email) to AsVIVA Brands GmbH. You can use the model cancellation form, which is available for download as a PDF on this page.
Supplementary information on fee-based additional goods and services (e.g., assembly/installation service)
The above cancellation policy applies to your purchase of goods and remains unaffected. For additional, fee-based services booked (in particular the assembly/installation service), the following applies in addition:
1. Express request. We will only perform such a service during the cancellation period if you expressly request it. You confirm your request when placing the order.
2. Expiration and compensation for value. If the service has been fully performed, your right of cancellation for this service expires. If you cancel before the service has been fully performed, you owe us reasonable compensation for the service already rendered.
3. Delivery method surcharge. Additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us (e.g., delivery to the place of installation) will not be refunded in the event of cancellation.
4. Separation. Your right of cancellation for the goods remains unaffected by this; you can cancel the purchase of goods separately.
