§ 1 Scope of Application
This return policy or the right of withdrawal of the Federal Republic of Germany applies only to Consumers who have their habitual residence within the European Union or the European Economic Area.
In the case of legal transactions with Consumers who have their place of habitual residence neither in the European Union nor in the European Economic Area, the right of withdrawal of the Federal Republic of Germany in particular does not apply and it is replaced by the right of withdrawal of the Swiss Confederation. This choice of law applies to legal transactions with Consumers only to the extent that the Consumer is not deprived of the protection afforded by the mandatory provisions of the law of the state in which he or she has his or her habitual residence. Accordingly, we only grant you a right of withdrawal with a withdrawal period of 14 days insofar or this return policy is limited to the extent that 15.2.1 and 15.2.2 of our General Terms & Conditions apply.
Any natural person who concludes a legal transaction for purposes which, for the most part, cannot be attributed to his or her commercial nor self-employed professional activity is a Consumer.
Arvigor Trading & Co. GmbH
Glinkastr. 32, 10117 Berlin
offer you the opportunity to purchase Goods via our online shop at eshop.arvigortrading.com. This return policy only applies to Goods which you purchase from us. More details and definitions can be found in our General Terms & Conditions.
§ 2 Right of Withdrawal
You have the right to withdraw (right of revocation) from this Contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the date, on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last Product, insofar as you have ordered multiple Products as part of a single ordering process and the Products where applicable are delivered separately (in part deliveries). With regard to digital content, the withdrawal period is 14 days from the date of concluding the Contract.
To exercise the right of withdrawal, you must inform us:
Arvigor Trading & Co. GmbH
Glinkastr. 32, 10117 Berlin
+49 30 28867307 (Tel.)
+49 30 22185881 (Fax)
of your decision to withdraw from this Contract by an unequivocal statement (e.g. e-mail, fax, contact form or a letter sent by post).
You may download and use the attached model withdrawal form or employ the online input form provided to fill in and submit your withdrawal electronically, but neither form is obligatory. Should you make use of our online input form for the purpose of your withdrawal, we will send you a confirmation of receipt of such a withdrawal by e-mail without undue delay.
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.
§ 3 Effects of Withdrawal
(a) If you withdraw from this Contract, we shall refund 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.
(b) Concerning any refund, we will carry out such refund 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 refund. We may withhold a refund until we will have received the Products back or you will have provided evidence of having sent back the Products, whichever is the earlier date.
(c) You shall return the Products 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 the following address
Arvigor Trading & Co. GmbH
Thyssenstr. 7-17, 13407 Berlin
or hand them over to us. The deadline is met if you return the Products before the withdrawal period of 14 days has expired. You will have to bear the direct cost of returning those Products consignable by parcel post. And you will have to bear the direct cost of returning those Products not consignable by parcel post. The direct cost of returning those Products not consignable by parcel post is estimated at a maximum of approximately 4100 EUR (Distance DE: Hamburg – AU: Melbourne, 1 FCL by sea freight, 40′ HC).
(d) You are only liable for any diminished value of the Products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Products. In addition, you can avoid the obligation to pay compensation for any diminished value by not using the items as if they were your property and by refraining from doing anything that could impair their value.
(e) Therefore, we would like to ask and recommend that you return the Products in the undamaged original packaging (primary packaging) to us within the context of your withdrawal, not as unprepaid parcel (freight collect) and packed safely for transport with shipment tracking. If we incur additional costs due to the acceptance of an unprepaid return shipment, then we are entitled to deduct these additional costs (return costs incl. postage due) from the purchase price to be refunded. Please keep the receipt of shipment if necessary. Your right of withdrawal remains unaffected by the remarks in this paragraph.
(f) If you finance this Contract with a loan (e.g. by instalment purchase) and withdraw from it later, you are no longer bound by the loan contract (linked credit agreement) either, provided that both contracts form a commercial unit. This is especially to be assumed if we are also your lender or if your lender makes use of our cooperation with regard to financing. If the loan has already been received by us when the withdrawal comes into effect or when the Goods are returned, your lender in relation to you shall enter into our rights and obligations under the financed Contract with regard to the legal effects of the withdrawal or return. The latter shall not apply if the present Contract concerns the acquisition of financial instruments (e.g. securities, foreign exchange or derivatives).
If you wish to avoid a contractual obligation as much as possible, then make use of your right of withdrawal and also withdraw from the loan contract if you are also provided a right of withdrawal thereof.
§ 4 Model Withdrawal Form
If you wish to withdraw from the Contract, then you can download the following model withdrawal form for this purpose, fill it out and send it back to us.
§ 5 Exclusion or Premature Expiration of the Right of Withdrawal
The right of withdrawal shall not exist regarding the following contracts (§ 312g BGB, German Civil Code)
- for the supply of digital content that is not pre-fabricated and the production of which is governed by an individual choice of or decision by the Consumer, or that are clearly tailored to personal needs of the Consumer;
- for the supply of Products that are not pre-fabricated and the production of which is governed by an individual choice of or decision by the Consumer, or that are clearly tailored to personal needs of the Consumer;
- for the supply of Products which are highly perishable, or which may quickly pass their expiration date;
- for the supply of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, the delivery of which can only take place at the earliest after thirty days following the conclusion of the sales contract, and the current value of which is dependent on fluctuations in the market which cannot be controlled by the trader;
- for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts for the supply of such publications.
The right of withdrawal expires prematurely regarding contracts
- for the supply of sealed Products which are not suitable for return due to health protection or hygiene reasons, if such Products were unsealed after delivery;
- for the supply of Products which, according to their nature, are inseparably mixed, after delivery, with other items;
- for the supply of sealed audio or sealed video recordings or sealed computer software, if they were unsealed after delivery.
In the case of a contract for the supply of digital content that is not contained in a tangible medium, the right of withdrawal expires prematurely if we began with the execution of the Contract only after you had expressly consented to and had simultaneously confirmed your acknowledgment thereof that you lose your right to withdraw from the Contract upon our execution of the Contract prior to expiry of the withdrawal period having commenced. We point out that we can make the conclusion of the Contract dependent on the aforementioned consent and confirmation.
Last update: 12 April 2020
Return policy for download