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Right of rescission for Consumers

1. Non-commercial customers have a 14-day right of withdrawal from purchase contracts in accordance with §§ 361 a, b BGB. No reasons need to be provided for this. The statutory withdrawal period begins on the day the consumer or a third party designated by them, who is not the carrier, takes possession of the goods.

2. To exercise the right of withdrawal, the consumer must inform Omtec of their decision to withdraw from the purchase contract by means of a clear statement (letter, fax, or email). The customer may use a model withdrawal form, which can be requested from Omtec. However, its use is not mandatory (an informal written withdrawal is sufficient). The withdrawal period is met if the consumer sends the notification of exercising their right of withdrawal before the withdrawal period expires.

3. The right of withdrawal does not apply to:

  • Products or services that are manufactured according to customer specifications or clearly tailored to personal needs,
  • Products or services whose prices depend on fluctuations in the financial market over which Omtec has no influence and which may occur within the withdrawal period,
  • Services and the delivery of digital content not stored on a physical data carrier, if Omtec—based on an express request from the consumer and confirmation from the consumer acknowledging the loss of the right of withdrawal upon full contract fulfillment—began executing the service before the withdrawal period expired and the service was then fully provided,
  • Products that have been intentionally or unintentionally damaged due to improper use; in case of transport damage, the consumer is requested to inform Omtec immediately.

4. Consequences of Withdrawal:

If the consumer withdraws from a purchase contract, Omtec must refund all payments received from the consumer, including delivery costs (except for additional costs arising from the consumer selecting a delivery method different from the one offered by Omtec), immediately and no later than fourteen days from the day Omtec received the withdrawal notification. The refund will be issued using the same payment method the consumer used for the original transaction unless expressly agreed otherwise between the consumer and Omtec. Under no circumstances will Omtec charge the consumer any fees for this refund.

Omtec may withhold the refund until the products have been returned to Omtec or until the consumer has provided proof that they have sent the products back, whichever occurs earlier. The consumer must return or hand over the products to Omtec without delay and in any case no later than fourteen days from the day they notified Omtec of the contract withdrawal. The deadline is met if the consumer sends the products before the fourteen-day period expires. The consumer bears the direct costs of returning the products. The consumer is only liable for any loss in value of the products if this loss in value results from handling the goods in a manner not necessary to check their quality, characteristics, and functionality.

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