Cancellation
Consumer Right of Withdrawal
Definition of a Consumer
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.
Instruction on Withdrawal
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 on which:
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you or a third party named by you, who is not the carrier, have taken possession of the goods, provided you have ordered one or more goods 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 goods, if you ordered several goods in a single order and these are 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 several partial shipments or pieces.
To exercise your right of withdrawal, you must inform us:
Diving Mask
Bergstr. 259
44809 Bochum
Germany
Phone: +49 234 54501097
Email: support@diving-mask.com
by means of a clear statement (e.g. a letter sent by post or an email) of your decision to withdraw from this contract.
You may use the attached model withdrawal form, but this is not mandatory.
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 shall reimburse all payments received from you, including delivery costs (except for additional costs arising if you chose a type of delivery other than the least expensive standard delivery offered by us).
Repayment will be made without undue delay and no later than 14 days from the day on which we receive notice of your withdrawal from this contract.
We will use the same payment method that you used for the original transaction unless expressly agreed otherwise.
We may withhold reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever occurs first.
You must return the goods without undue delay and no later than 14 days from the day on which you inform us of the withdrawal.
You bear the direct costs of returning the goods.
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 of 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 whose manufacture an individual selection or determination by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer;
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for the supply of goods that can spoil quickly or whose expiration date would quickly pass;
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for the supply of alcoholic beverages whose price was agreed upon at the time of the contract but which can be delivered no earlier than 30 days after the contract and whose value depends on market fluctuations;
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for the supply of newspapers, periodicals or magazines with the exception of subscription contracts.
The right of withdrawal expires prematurely for contracts:
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for the delivery of sealed goods which 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 delivery of goods which, after delivery, have been inseparably mixed with other goods due to their nature;
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for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.
Additional Information for Our Products
Many of our products, especially diving masks with prescription lenses, are custom-made according to the customer's specifications.
Prescription lenses are individually manufactured based on the optical values provided by the customer (such as sphere, cylinder, axis, addition and pupillary distance) and the selected mask model.
Because of this individual production, these lenses are not prefabricated and cannot be resold. Therefore, the right of withdrawal does not apply to prescription lenses.
Production of prescription lenses usually begins immediately after the order has been placed.
If an order contains both:
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custom-made products (e.g. prescription lenses) and
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standard products (e.g. an unmodified diving mask),
the right of withdrawal may still apply to the non-customized items.
Example:
If a customer orders prescription lenses (€240) together with a diving mask (€70), the prescription lenses are excluded from withdrawal. The mask itself may still be returned within the withdrawal period if it has not been modified.
Purchases at Trade Shows or Physical Locations
We regularly sell our products at trade shows and exhibitions.
Purchases made at one of our trade show booths or other physical sales locations are considered in-person purchases.
The statutory right of withdrawal only applies to distance selling contracts (e.g. online purchases) and therefore does not apply to purchases made at trade shows or other on-site sales locations.
Goodwill Solutions
Customer satisfaction is very important to us.
Even in cases where the legal right of withdrawal does not apply (for example with custom-made products), we always try to find a fair and reasonable solution if customers have legitimate concerns.
Please contact us and we will review each situation individually.
Model Withdrawal Form
(If you wish to withdraw from the contract, please complete this form and return it.)
To:
Diving Mask
Bergstr. 259
44809 Bochum
Germany
Email: support@diving-mask.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 ().
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.
