Right of cancellation/ withdrawal
Right of cancellation/ withdrawal and legal consequences of a cancellation/ withdrawal; sending and return costs after cancellation/withdrawal
If you are a consumer (section 13 BGB), i.e. if you are a natural person doing the shopping at 3TRINITY GmbH for a private purpose, i.e. one which can be attributed to a commercial or independent professional activity, you are entitled to a legal right of cancellation/ withdrawal
Instruction on the right of cancellation/ withdrawal
Right of cancellation/ withdrawal
You may revoke your contractual statement within 14 days, without stating reasons, in writing (e.g. as a letter, fax, or e-mail) or - if you receive the item before the deadline expires - also by sending back the item. The period starts after receiving this instruction in written form, but not before the customer receives the product (in case of a delivery of similar goods on a recurring basis not before the first partial delivery is received) and also not before our obligations to inform pursuant to article 246 section 2 in conjunction with section 1 paragraph 1 and 2 EGBGB and our obligations pursuant to section 312g paragraph 1 sentence 1 BGB in conjunction with article 246 section 3 EGBGB have been fulfilled. The cancellation / withdrawal period is observed by the timely sending of the cancellation/withdrawal notice or the item. The cancellation/withdrawal notice must be sent to:
Mainaustrasse 12, 8008 Zurich, Switzerland
Legal consequences of a cancellation/ withdrawal
In case of a legally effective cancellation/withdrawal, the services received by both parties as well as any benefits gained (e.g. interests) must be returned. If you are not able to return to us the received services and benefits (e.g. benefits from usage) as a whole or in parts or only in a deteriorated condition, you are obliged to offer a compensation of equal value. For the deterioration of the item and for benefits gains you are only obliged to offer a compensation of equal value insofar as the usage or the deterioration is caused by a loss of the item beyond the testing of the item's characteristics and mode of operation. "Testing the item's characteristics and mode of operation" is understood as the testing and trying out of the respective product in the same way as it is possible and custom e.g. in a shop. Items suitable for parcel shipment are to be sent back at our costs and risk. Items not suitable for parcel shipment are picked up at your address. Any obligations to reimburse payments must be fulfilled within a period of 30 days. This period starts for you when your cancellation/withdrawal notice or the item is dispatched, for us when we receive them.
End of the instruction on the right of cancellation/ withdrawal
Exclusion of the right of cancellation/ withdrawal
There is no right of cancellation/withdrawal of your statement vis-à-vis 3TRINITY GmbH concerning the conclusion of a sales contract in those cases where items were delivered that were manufactured according to customer specifications or that were clearly tailor-made according to the specific needs of the customer or that are not suited to be sent back due the nature of these items.
Sending costs after cancellation / withdrawal
If you chose to make use of your legal right of cancellation/withdrawal, we will reimburse to you the costs for the shipment from us to you ("sending costs"). If in case of more than one ordered item you chose to make use of your legal right of cancellation only for a part of those items, then we will reimburse to you the costs for the shipment of these items insofar as these costs would exceed the costs for the shipment of those items that remain with you.
Return costs after cancellation / withdrawal
In case of a cancellation/withdrawal meeting the legal requirements the return shipment of the items will be free of costs for you.
Set-off, right of retention
The customer only has a right to set-off if his counter-claims have been established in a legally binding manner and if they are uncontested or recognized by 3TRINITY GmbH. The customer is insofar entitled to exercise the right of retention as his counter-claim is based on the same contractual relationship.