Right of Withdrawal Information

Right of Withdrawal for Consumers

The following right of withdrawal only applies to consumers in distance selling:

Right of Withdrawal

Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.

To exercise your right of withdrawal, you must inform us (name, address, and, if available, telephone number, fax number, and email address) by means of a clear declaration (e.g., a letter sent by post or email) of your decision to withdraw from this contract. You may use the attached sample 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 to you all payments received from you (with the exception of the additional costs arising 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 fourteen 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. 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.

You shall send back or hand over the goods to us without undue delay and in any event not later than fourteen 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 fourteen days has expired. You will bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Withdrawal and Return Costs

In the event of withdrawal, the customer bears the direct costs of returning the goods, unless otherwise agreed. The goods are to be returned to Niio GmbH, Werner Heisenberg Strasse 7, 64823 Gross-Umstadt. 

Withdrawal and Compensation for Value

The customer must pay compensation for value if the goods have been used beyond what is necessary to inspect their characteristics and functionality. 

Note on the use of rechargeable batteries/batteries:

Please note that the first charging of the battery/rechargeable batteries is considered usage beyond what is necessary to inspect the characteristics and functionality.
In the event of a withdrawal, we therefore reserve the right to demand appropriate compensation for the diminished value if the battery has already been charged or used.

Instructions on withdrawal for digital content (downloads)

For contracts concerning the supply of digital content that is not supplied on a tangible medium (e.g., downloads, software, digital documents, audio or video files), the right of withdrawal expires as soon as we have begun the performance of the contract,
after you have:

1. expressly consented to us beginning the performance of the contract before the expiry of the withdrawal period, and

2. confirmed that by your consent, you lose your right of withdrawal with the start of the performance.

With the start of the download or the provision of the digital content, the contract is considered performed, and a withdrawal is no longer possible thereafter.

Exclusion of the Right of Withdrawal

The right of withdrawal does not apply to the following contracts:

• Contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual choice or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
• Contracts for the supply of goods that can spoil quickly or whose expiration date would be quickly exceeded,
• Contracts for the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
• Contracts for the supply of goods if, after delivery, they have been inseparably mixed with other goods due to their nature,
• Contracts for the supply of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery,
• Contracts for the supply of newspapers, periodicals or magazines with the exception of subscription contracts,
• Contracts for the provision of services in the areas of accommodation for purposes other than residential purposes, transport of goods, car rental services, supply of food and drinks and services related to leisure activities, if the contract provides for a specific date or period for the performance.

 

Sample Withdrawal Form

(If you wish to withdraw from the contract, please fill out this form and send it back.)

To
Niio GmbH
Werner Heisenberg Strasse 7
64823 Gross-Umstadt

Managing Director Nina Illing

 

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 for communication on paper)

Date

(*) Delete as appropriate.