Right of Withdrawal for Consumers
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside his or her trade, business or profession.
Instructions on Withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the day
on which you, or a third party named by you who is not the carrier, have taken possession of the goods, provided that you have ordered one or more goods under a single order and these are delivered together;
on which you, or a third party named by you who is not the carrier, have taken possession of the last of the goods, provided that you have ordered several goods under a single order and these are delivered separately;
on which you, or a third party named by you who is not the carrier, have taken possession of the last partial shipment or the last item, provided that you have ordered goods which are delivered in several partial shipments or pieces.
In the case of digital content, the withdrawal period is 14 days from the day of conclusion of the contract.
To exercise your right of withdrawal, you must inform us (Stretta Music GmbH, Ochsenfurter Straße 6, 97246 Eibelstadt, Germany, tel.: +49 (0) 9303 98171‑0, e-mail: [email protected]) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an email). You may use the model withdrawal form, which is, however, not mandatory.
You may also exercise your right of withdrawal online using a correspondingly labelled button (“Cancel contract” or a similar designation) on our website. If you use this online function, we will promptly send you confirmation of receipt on a durable medium, for example by email, including information on the content of the withdrawal declaration as well as the date and time of its receipt.
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 that we have received from you, including delivery costs (with the exception of any 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 of your decision to withdraw from this contract. For this reimbursement we shall use the same means of payment as you used for the initial transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees as a result of such reimbursement.
We may withhold the reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back or hand over the goods to us without undue delay and in any event no later than 14 days from the day on which you inform us of your withdrawal from this contract. The deadline is met if you dispatch the goods before the period of 14 days has expired.
You shall bear the direct costs of returning goods which can be sent by parcel post, as well as the direct costs of returning goods which cannot be sent by parcel post. The costs for goods not suitable for parcel shipment are estimated at a maximum of approximately EUR 50.
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.
Exclusion and Premature Expiry of the Right of Withdrawal
The right of withdrawal does not exist for contracts
for the supply of goods which are not prefabricated and for the production of which an individual choice of or decision by the consumer is decisive, or which are clearly tailored to the consumer’s personal needs;
for the supply of goods which are liable to deteriorate rapidly or whose expiry date would be quickly exceeded;
for the supply of alcoholic beverages, the price of which has been agreed upon at the time of conclusion of the contract, which can be delivered only after 30 days from the conclusion of the contract and whose current value depends on fluctuations in the market over which the trader has no control;
for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts.
The right of withdrawal expires prematurely for contracts
for the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene and which were unsealed after delivery;
for the supply of goods which, after delivery, have been inseparably mixed with other items due to their nature;
for the supply of audio or video recordings or computer software in a sealed package, where the seal was removed after delivery.
The right of withdrawal expires in the case of a contract for the supply of digital content which is not supplied on a tangible medium and for which the consumer is required to pay a price, if the consumer:
has expressly consented to the trader beginning performance of the contract before the expiry of the withdrawal period, and
has acknowledged that by giving such consent he or she loses the right of withdrawal upon commencement of performance, and
the trader has provided the consumer with a confirmation of the contract within a reasonable time after its conclusion, but at the latest at the time of delivery of the digital content not supplied on a tangible medium, on a durable medium, which sets out the content of the contract, and which confirms that the consumer has expressly consented to the trader beginning the performance of the contract before the expiry of the withdrawal period and has acknowledged that he or she loses the right of withdrawal by giving such consent.
