Right of withdrawal
Right of cancellation and exclusion of revocation
The following regulations in this clause XII apply only to Businesses:
1. Right of cancellation for the delivery of goods delivered in one shipment
Cancellation Instructions
Right of cancellation
You have the right to cancel this contract within fourteen days without providing grounds.
The cancellation term shall be fourteen days from the day on which you or a third party named by you who is not the carrier came into possession of the item.
In order to exercise your right of cancellation, you must contact Star Distribution GmbH, Otto-Lilienthalstraße 5, 71034 Böblingen (phone: 07031-6288 3490; E-mail: man-merchandising@star-cooperation.com) with a clear declaration (e.g. a letter sent through the mail, fax, or e-mail) of your deci-sion to cancel this contract. You may use the attached sample cancellation form, although this is not re-quired. You can fill out the sample cancellation form or another clear declaration electronically and transmit it to us on our website (www.man-shop.eu and www.neoplan-shop.eu ). If you use this option, we will immediately send you (e.g. via e-mail) a confirmation of our receipt of this cancellation.
To fulfill the cancellation deadline, you only need to send in the notification that you are exercising your cancellation rights before the end of the cancellation period.
Consequences of Cancellation
If you cancel this agreement, we are required to repay you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your selection of a delivery type besides our inexpensive standard delivery) promptly, and at the latest within fourteen days from the day upon which we receive the notification of your cancellation of this contract. We use the same pay-ment method to provide return payment that you used during your original transaction, unless we have expressly agreed otherwise; we will never charge fees to process this repayment. We can refuse to repay the order until we have received the returned goods, or until you have provided proof that you have sent back the goods, whichever comes first. You must return or hand over the goods promptly, and in any case at the latest within fourteen days from the day on which you inform us of your cancellation of this contract, to Star Distribution GmbH, Logistik-Center Obertürkheim, Augsburger Straße 726, 70329 Stuttgart-Obertürkheim. This term shall be deemed fulfilled if you send the goods before the expiration of the term of fourteen days.You will bear the direct costs for returning your items in the amount of 40.00 EUR. You are only responsible for any loss in value for your items if this loss in value is due to some ac-tion of yours not serving the purpose of reviewing characteristics, features, and functions of the items.
End of Cancellation Policy
2. Right of cancellation for a contract concerning multiple goods that have been ordered as part of a single order and that are delivered separately
Cancellation Instructions
Right of cancellation
You have the right to cancel this contract within fourteen days without providing grounds.
The cancellation term shall be fourteen days from the day on which you or a third party named by you who is not the carrier came into possession of the last item.
In order to exercise your right of cancellation, you must contact Star Distribution GmbH, Otto-Lilienthalstraße 5, 71034 Böblingen (phone: 07031-6288 3490; E-mail: man-merchandising@star-cooperation.com) with a clear declaration (e.g. a letter sent through the mail, fax, or e-mail) of your deci-sion to cancel this contract. You may use the attached sample cancellation form, although this is not re-quired. You can fill out the sample cancellation form or another clear declaration electronically and transmit it to us on our website (www.man-shop.eu and www.neoplan-shop.eu ). If you use this option, we will immediately send you (e.g. via e-mail) a confirmation of our receipt of this cancellation.
To fulfill the cancellation deadline, you only need to send in the notification that you are exercising your cancellation rights before the end of the cancellation period.
Consequences of Cancellation
If you cancel this agreement, we are required to repay you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your selection of a delivery type besides our inexpensive standard delivery) promptly, and at the latest within fourteen days from the day upon which we receive the notification of your cancellation of this contract. We use the same pay-ment method to provide return payment that you used during your original transaction, unless we have expressly agreed otherwise; we will never charge fees to process this repayment. We can refuse to repay the order until we have received the returned goods, or until you have provided proof that you have sent back the goods, whichever comes first. You must return or hand over the goods promptly, and in any case at the latest within fourteen days from the day on which you inform us of your cancellation of this contract. This term shall be deemed fulfilled if you send the goods before the expiration of the term of fourteen days. You will bear the direct costs for returning your items in the amount of 40.00 EUR. You are only responsible for any loss in value for your items if this loss in value is due to some action of yours not serving the purpose of reviewing characteristics, features, and functions of the items.
End of Cancellation Policy
3. Right of cancellation for a contract regarding a delivery of goods in multiple partial shipments or pieces
Cancellation Instructions
Right of cancellation
You have the right to cancel this contract within fourteen days without providing grounds.
The cancellation term shall be fourteen days from the day on which you or a third party named by you who is not the carrier came into possession of the last partial delivery or the last piece.
In order to exercise your right of cancellation, you must contact Star Distribution GmbH, Otto-Lilienthalstraße 5, 71034 Böblingen (phone: 070316288 3490; E-mail: man-merchandising@star-cooperation.com) with a clear declaration (e.g. a letter sent through the mail, fax, or e-mail) of your deci-sion to cancel this contract. You may use the attached sample cancellation form, although this is not re-quired. You can fill out the sample cancellation form or another clear declaration electronically and transmit it to us on our website (www.man-shop.eu and www.neoplan-shop.eu ). If you use this option, we will immediately send you (e.g. via e-mail) a confirmation of our receipt of this cancellation.
To fulfill the cancellation deadline, you only need to send in the notification that you are exercising your cancellation rights before the end of the cancellation period.
Consequences of Cancellation
If you cancel this agreement, we are required to repay you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your selection of a delivery type besides our inexpensive standard delivery) promptly, and at the latest within fourteen days from the day upon which we receive the notification of your cancellation of this contract. We use the same pay-ment method to provide return payment that you used during your original transaction, unless we have expressly agreed otherwise; we will never charge fees to process this repayment. We can refuse to repay the order until we have received the returned goods, or until you have provided proof that you have sent back the goods, whichever comes first. You must return or hand over the goods promptly, and in any case at the latest within fourteen day on which you inform us of your cancellation of this contract, Star Distribution GmbH, Logistik-Center Obertürkheim, Augsburger Straße 726, 70329 Stuttgart-Obertürkheim. This term shall be deemed fulfilled if you send the goods before the expiration of the term of fourteen days. You will bear the direct costs for returning your items in the amount of 40.00 EUR. You are only re-sponsible for any loss in value for your items if this loss in value is due to some action of yours not serv-ing the purpose of reviewing characteristics, features, and functions of the items.
End of Cancellation Policy
4. Right of cancellation for a contract to regularly deliver goods over a fixed time period
Cancellation Instructions
Right of cancellation
You have the right to cancel this contract within fourteen days without providing grounds.
The cancellation term shall be fourteen days from the day on which you or a third party named by you who is not the carrier came into possession of the first item.
In order to exercise your right of cancellation, you must contact Star Distribution GmbH, Otto-Lilienthalstraße 5, 71034 Böblingen (phone: 07031-6288 3490; E-mail: man-merchandising@star-cooperation.com) with a clear declaration (e.g. a letter sent through the mail, fax, or e-mail) of your deci-sion to cancel this contract. You may use the attached sample cancellation form, although this is not re-quired. You can fill out the sample cancellation form or another clear declaration electronically and transmit it to us on our website (www.man-shop.eu and www.neoplan-shop.eu). If you use this option, we will immediately send you (e.g. via e-mail) a confirmation of our receipt of this cancellation.
To fulfill the cancellation deadline, you only need to send in the notification that you are exercising your cancellation rights before the end of the cancellation period.
Consequences of Cancellation
If you cancel this agreement, we are required to repay you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your selection of a delivery type besides our inexpensive standard delivery) promptly, and at the latest within fourteen days from the day upon which we receive the notification of your cancellation of this contract. We use the same pay-ment method to provide return payment that you used during your original transaction, unless we have expressly agreed otherwise; we will never charge fees to process this repayment. We can refuse to repay the order until we have received the returned goods, or until you have provided proof that you have sent back the goods, whichever comes first. You must return or hand over the goods promptly, and at the lat-est within fourteen days from the day on which inform us of your cancellation of this contract, to Star Distribution GmbH, Logistik-Center Obertürkheim, Augsburger Straße 726, 70329 Stuttgart-Obertürkheim. This term shall be deemed fulfilled if you send the goods before the expiration of the term of fourteen days. You will bear the direct costs for returning your items in the amount of 40.00 EUR. You are only re-sponsible for any loss in value for your items if this loss in value is due to some action of yours not serv-ing the purpose of reviewing characteristics, features, and functions of the items.
End of Cancellation Policy
5. Non-existence and expiration of the right of cancellation
The right of cancellation will not exist for distance contracts.
- to deliver items that are not prefabricated and for which the Customer must make individual selections or stipulations, or which are clearly custom-tailored to the personal needs of the Customer,
- to deliver sealed goods that are not able to be returned for reasons of health or hygiene if their seal was removed after delivery,
- to deliver goods if these have been blended inseparably with other goods after delivery due to their characteristics.
- to deliver sound or video images or computer packaging in a sealed packaging, if the seal was removed after delivery.
The cancellation right shall expire
- for a contract to perform services, if the Business has completed the service in full and only began to perform the service after the Customer provided their express approval and at the same time confirmed their understanding that the right of cancellation would be lost following complete fulfillment of the con-tract by the Business.
- for a contract for a delivery of digital content not located on a physical data medium, even if the Busi-ness has begun with the performance of the contract, after the Customer has expressly agreed that the Business should begin the performance of the contract before expiration of the cancellation right and has confirmed its understanding that it would lose its right of cancellation by agreeing to the start of per-formance of the contract.
XIII. General final provisions:
1. The place of performance and exclusive legal venue for any and all disputes between the parties arising from the contractual relationship shall be Böblingen, provided the Customer is a merchant, legal entity or fund under set up under public law or the Customer has no general legal venue in the Federal Republic of Germany or has transferred its legal venue abroad. As an exception to the above, we shall also be entitled to file claims against the Customer at its general legal venue.
2. The European Commission provides a platform for online dispute resolution: www.ec.europa.eu/consumers/odr
3. The Customer is aware that data from business transactions, including personal data, will have to be recorded and, on the basis of commercial necessity, processed and transmitted to third parties. The Customer is in agreement with this data collection and processing.
4. If for any reason any provision in these terms and conditions should in general or in an individual instance be or become invalid, this shall not affect the validity of the remaining provisions of these terms and conditions. In this case, dispositive law shall apply. If and to the extent dispositive law does not cover this particular type of contract or provides no alternative solution for the general terms and conditions clause deemed invalid, the par-ties shall replace the invalid provision or the provision which has become invalid with a provision that comes as close as possible to achieving the parties’ originally intended economic effect whilst being legally valid.
The following regulation applies only to Businesses:
5. Any and all claims arising under and in connection with the contractual relationship shall be subject exclusively to the laws of the Federal Republic of Germany, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
Sample Cancellation Form
(If you would like to cancel this contract, please fill out this form and send it back to us.)
Star Distribution GmbH,
Otto-Lilienthal-Straße 5,
71034 Böblingen
E-mail: man-merchandising@star-cooperation.com
I/we (*) hereby cancel the contract concluded by me/us (*) regarding the purchase of the following goods (*)
_______________________________________________
_______________________________________________
ordered on___________________ (*)/received on _______________________(*)
Name of the Customer(s) ______________________________________
Signature of the Customer(s)
_________________________________
_________________________________
_________________________________
__________________________________________________________________________
Date Signa-ture of the Customer(s) (only if transmitted on paper)
_____________________________________________________________________________
(*) Strike out non-applicable information