right of withdrawal
Right of Withdrawal for Consumers
(A consumer is any natural person who enters into a legal transaction for purposes that are predominantly not related to their commercial or self-employed professional activity.)
Cancellation Policy
Right of 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:
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you or a third party named by you, who is not the carrier, have taken possession of the goods, if you ordered one or more items in a single order and these are delivered together;
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you or a third party named by you, who is not the carrier, have taken possession of the last item, if you ordered multiple items in a single order and these were delivered separately;
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you or a third party named by you, who is not the carrier, have taken possession of the last partial shipment or the last piece, if you ordered goods that are delivered in multiple partial shipments or pieces.
To exercise your right of withdrawal, you must inform us (to the top sportswear GmbH, Schöneberger Ufer 55, 10785 Berlin, email: hello@to-the-top.com) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post or an email). You may use the attached sample withdrawal form, but it is not required.
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.
Consequences of Withdrawal
If you withdraw from this contract, we will reimburse you for all payments received from you, including delivery costs (except for any additional costs arising if you chose a type of delivery other than the least expensive standard delivery offered by us), without undue delay and at the latest within 14 days from the day on which we receive notice of your withdrawal from this contract.
We will use the same means of payment that you used for the original transaction unless expressly agreed otherwise with you; in no event will you be charged any fees for this reimbursement.
We may withhold reimbursement until we have received the returned goods or you have supplied evidence of having sent back the goods, whichever is the earlier.
You must return 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 notify us of your withdrawal from this contract. The deadline is met if you send back the goods before the 14-day period has expired.
You will bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods if this loss in value is due to handling that is not necessary to examine the nature, characteristics, and functioning of the goods.
Exclusions from the Right of Withdrawal
The right of withdrawal does not apply to contracts:
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for the supply of goods that are not prefabricated and for which individual selection or determination by the consumer is decisive or which are clearly tailored to the consumer’s personal needs;
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for the supply of goods that can spoil quickly or whose expiration date would be quickly exceeded;
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for the supply of alcoholic beverages, whose price was agreed at the time of the conclusion of the contract but which can be delivered no earlier than 30 days after the conclusion of the contract and whose actual value depends on market fluctuations over which the trader has no control;
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for the supply of newspapers, periodicals, or magazines, with the exception of subscription contracts.
The right of withdrawal expires early for contracts:
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for the supply of sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery;
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for the supply of goods which, after delivery, were inseparably mixed with other goods due to their nature;
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for the supply of sealed audio or video recordings or sealed computer software, if the seal was removed after delivery.
Sample Withdrawal Form
(If you wish to withdraw from the contract, please fill out this form and return it to us.)
To:
to the top sportswear GmbH
Schöneberger Ufer 55
10785 Berlin
Email: hello@to-the-top.com
I/we () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods () / the provision of the following service ()
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Ordered on () / received on ():
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Name of the consumer(s):
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Address of the consumer(s):
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Signature of the consumer(s) (only if this form is submitted on paper):
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Date:
(*) Delete as appropriate.