§ 7 Right of Withdrawal

(1) The Client, if he is a consumer pursuant to § 13 BGB, has the right pursuant to § 312g BGB to withdraw from contracts concluded via distance selling within 30 days without giving any reason.

The withdrawal period is 30 days from the day on which the Client or a third party designated by him, who is not the carrier, has taken possession of the goods, or also if the Client has ordered one or more goods within a single order and they are delivered together.
The withdrawal period is likewise 30 days from the day on which the Client or a third party designated by him, who is not the carrier, has taken possession of the last goods, if he has ordered several goods within a single order and they are delivered separately.

(2) The Client must exercise the right of withdrawal vis-à-vis canis lupus GmbH by means of a clear declaration (e.g. a letter sent by post, fax or email) stating the decision to withdraw from the contract. The Client may use the withdrawal forms provided on the platforms or may declare the withdrawal informally.

(3) If deviating withdrawal periods are defined in the provisions or legal practices of public digital platforms of third parties or in the offer texts, these shall apply unless canis lupus GmbH expressly and recognisably excludes the deviating withdrawal periods for the Client. canis lupus GmbH fundamentally excludes withdrawal periods exceeding 30 days within the meaning of the above-defined criteria. Specifically, the withdrawal period on eBay, Amazon and other third-party platforms is 30 days or more.

(4) The withdrawal periods on public digital platforms may, in deviation from § 312g BGB and based on the platform regulations, also be applied by canis lupus GmbH to entrepreneurs pursuant to § 14 BGB.

(5) To comply with the withdrawal period, it is sufficient that the Client demonstrably sends the notification of exercising the right of withdrawal before expiry of the withdrawal period and that it reaches canis lupus GmbH within a reasonable period, e.g. 5 working days.

(6) The costs of return shipment incurred as a result of exercising the right of withdrawal shall be borne voluntarily and subject to reservation by the Contractor.

§ 8 Consequences of Withdrawal

(1) If the Client withdraws from the underlying contract, canis lupus GmbH shall reimburse him for all payments received, including delivery costs (with the exception of additional costs resulting from the fact that the Client has chosen a type of delivery other than the cheapest standard delivery offered by canis lupus GmbH), also the costs of return shipment, without undue delay and at the latest within 14 days from the day on which the notification of withdrawal of this contract was received by canis lupus GmbH. For this repayment, canis lupus GmbH shall, where possible, use the same means of payment that was used in the original transaction, unless expressly agreed otherwise with the Client. In no case will the Client be charged fees because of this repayment. The only exception concerns foreign currency transactions. canis lupus GmbH bases the refund on the euro amount received and multiplies it by the foreign currency rate of the original transaction date.

(2) canis lupus GmbH may refuse repayment until it has received the goods back or the Client has provided proof that the goods have been returned to the address specified by canis lupus GmbH, whichever is earlier. The Client must return the goods without undue delay and in any event no later than 14 days from the day on which he notified canis lupus GmbH of the withdrawal of the contract, to the specified address.

(3) The Client must compensate for any loss in value of the goods pursuant to § 357 para. 7 BGB if this loss in value is due to handling of the goods not necessary to check their condition, properties and functionality. In such cases, canis lupus GmbH is entitled to deduct the loss in value from the purchase price and to withhold it during the refund.

§ 9 Exclusion and Expiry of the Right of Withdrawal

(1) The right of withdrawal does not exist for contracts:

  • for the supply of goods not prefabricated and for whose manufacture an individual choice 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 quickly exceeded;

  • for the supply of newspapers, periodicals or magazines, except for subscription contracts.

(2) 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 if their seal was removed after delivery;

  • for the supply of goods which, after delivery, were inseparably mixed with other items due to their nature;

  • for the supply of audio or video recordings or computer software in a sealed package if the seal was removed after delivery.

(3) The model withdrawal form is exemplarily set out below:

Model Withdrawal Form

To: canis lupus GmbH
Glemseckstraße 52, 71229 Leonberg
Email: service@ecanis.de

I/we () hereby withdraw from 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 Client
Address of Client
Signature of Client (only if communicated on paper)
Date

(*) Delete as applicable.