Right of withdrawal

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period expires 14 days from the day

• for a contract of sale: on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods;
• for several goods from one order delivered separately: on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last of the goods;
• for services and digital content: of the conclusion of the contract.

To exercise the right of withdrawal, you must inform us

SIMO GmbH
Würzburger Str. 152
63743 Aschaffenburg
Germany
Phone: +49 6021 327 45 50
Email: [email protected]

of your decision to withdraw from this contract by an unequivocal statement (for example a letter sent by post, fax or email). You may use the model withdrawal form below, but it is not obligatory.

To meet the withdrawal deadline, it is enough 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 received from you, including the costs of delivery (with the exception of the 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 about your decision to withdraw from this contract.

We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

Sending the goods back

You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

Return address:
SIMO GmbH, Returns
Würzburger Str. 152
63743 Aschaffenburg, Germany

We bear the cost of returning the goods. Please request a return label from [email protected] before you ship. If you return without a label, we refund the postage against receipt.

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.

If performance is to start before the period ends

If you requested that the performance of services begin during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract (section 357 (8) of the German Civil Code).

This payment arises only where you expressly requested the early start and we told you about the consequence beforehand. We obtain both expressly during checkout. A pre-ticked box will not do.

Digital content: when the right of withdrawal lapses early

For contracts covering digital content not supplied on a tangible medium, your right of withdrawal lapses early, but only where three conditions come together (section 356 (5) of the German Civil Code):

• you have expressly consented to us beginning performance before the withdrawal period has ended;
• you have acknowledged that you thereby lose your right of withdrawal;
• we have given you confirmation of that on a durable medium.

We ask for both separately and expressly during checkout. They are two declarations, not one: consent to the early start, and acknowledgment of the loss. A "waiver of the right of withdrawal" would be something else entirely, and it would be void.

As long as one of these conditions is missing, your withdrawal period keeps running, even if you have already used the access.

Where there is no right of withdrawal

Under section 312g (2) of the German Civil Code, no right of withdrawal exists in the following cases:

• goods made to your specifications or clearly personalized, which includes hardware configured and set up individually for you, once that configuration has been carried out;
• sealed goods that are not suitable for return for reasons of health protection or hygiene, where the seal was removed after delivery;
• sealed audio or video recordings or sealed computer software, where the seal was removed after delivery.

Whether one of these exceptions applies to your order is stated at the item itself during checkout, not just here.

Model withdrawal form

Annex 2 to Article 246a section 1 (2) sentence 1 no. 1 of the Introductory Act to the German Civil Code. Complete and return this form only if you wish to withdraw from the contract. Using it is not obligatory. Any unequivocal statement will do.

• —To SIMO GmbH, Würzburger Str. 152, 63743 Aschaffenburg, Germany, phone +49 6021 327 45 50, email [email protected]:
• —I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for 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.

You can print this page and send the completed form to the address above. An email with the same content is equally sufficient.