INFORMATION ON THE RIGHT OF WITHDRAWAL, MODEL WITHDRAWAL FORM AND SUPPLEMENTARY RETURN CONDITIONS

EXCLUSIVELY FOR CONSUMERS IN THE EUROPEAN UNION

This cancellation policy, the model cancellation form, and the supplementary return conditions apply exclusively to consumers whose contract is subject to the mandatory distance selling law of a European Union member state.

They do not apply to orders from the United Kingdom, including England, Scotland, Wales, and Northern Ireland, Switzerland, the United States of America, or other countries outside the European Union. For these markets, the separately stated provisions apply.

1. NO RIGHT OF CANCELLATION FOR PERSONALIZED GOODS

According to § 312g Paragraph 2 Number 1 of the German Civil Code (BGB), there is no right of cancellation for personalized goods.

Excluded from the right of cancellation are contracts for the supply of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive, or which are clearly tailored to the consumer's personal needs.

This includes, in particular, products with:

– personal names or texts,
– personal data, dedications, or messages,
– photos of people or pets submitted by the customer,
– individual family, person, or pet portraits,
– graphics, logos, or image files provided by the customer,
– individually determined designs or compositions, and
– personalized designs approved by the customer.

For personalized goods, there is neither a statutory right of cancellation nor a voluntary right of return, exchange, or cancellation due to dislike, a subsequent change of mind, incorrect customer input, or an unwanted order.

Personalized goods will not be accepted back outside of legitimate statutory claims for defects.

If an order contains both personalized and non-personalized goods, the right of cancellation applies exclusively to the non-personalized goods.

The mere production of a standardized product after receipt of the order or using a print-on-demand process does not constitute personalization in itself. The selection of a regularly offered standard size, standard color, or standard design also does not solely constitute personalization.

Statutory rights for goods that are actually defective, damaged, incorrectly manufactured, incorrectly delivered, or not delivered remain unaffected.

CANCELLATION POLICY FOR NON-PERSONALIZED GOODS

2. RIGHT OF CANCELLATION:

You have the right to cancel this contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.

If you have ordered several goods in a single order and they are delivered separately, the cancellation period begins on the day on which you or a third party named by you, who is not the carrier, took possession of the last good.

If a good is delivered in several partial shipments or pieces, the cancellation period begins on the day on which you or a third party named by you, who is not the carrier, took possession of the last partial shipment or the last piece.

3. EXERCISE OF THE RIGHT OF CANCELLATION:

To exercise your right of cancellation, you must inform FamilienHerzensLiebling of your decision to cancel this contract by means of a clear declaration.

The cancellation declaration can be submitted in particular by e-mail, by letter sent by post, or via the electronic cancellation function provided in the online shop.

The cancellation should be addressed to:

FamilienHerzensLiebling

Marcela Schöppner

Tal 44,
80331 Munich
Germany

E-mail: service@familienherzensliebling.com

Electronic cancellation function:

https://familienherzensliebling.com/pages/eu-widerruf

You can use the model cancellation form provided at the end of this page for this purpose. The use of the model cancellation form is not mandatory.

For clear allocation and quick processing, the following information should be provided:

– full name of the orderer,
– order number,
– designation of the goods affected by the cancellation, and
– date of receipt of the goods.

If you use the electronic cancellation function, you will immediately receive a confirmation of receipt of your cancellation declaration by e-mail. This confirmation will contain the content of your cancellation declaration as well as the date and time of its receipt.

To meet the cancellation deadline, it is sufficient for you to send the clear cancellation declaration before the cancellation period expires.

A return of goods without comment does not constitute a clear cancellation declaration.

The provision of the electronic cancellation function does not establish a right of cancellation for personalized goods or other goods legally excluded from the right of cancellation.

4. CONSEQUENCES OF CANCELLATION:

If you effectively cancel this contract, we will refund all payments we have received from you for the goods covered by the effective cancellation.

In the event of a complete cancellation, we will also refund the costs of the cheapest standard delivery offered by us.

Additional costs incurred because you chose a different and more expensive shipping method than the cheapest standard delivery offered by us will not be refunded.

In the event of a partial cancellation, original delivery costs will only be refunded to the extent required by statutory provisions.

The refund will be made immediately and no later than fourteen days from the day on which your cancellation declaration was received by us.

For the refund, we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise. You will not be charged any fees for the refund.

We may refuse the refund until we have received the goods back or until you have provided proof that you have sent the goods back, whichever is the earlier.

5. RETURN OF GOODS AND RETURN COSTS:

You must return or hand over the goods immediately and no later than fourteen days from the day on which you informed FamilienHerzensLiebling of the cancellation of this contract, to the following return address:

FamilienHerzensLiebling
Tal 44,
80331 Munich
Germany

The return period is met if you send the goods before the expiry of the fourteen-day return period.

You bear the direct costs of returning the goods.

FamilienHerzensLiebling does not cover return shipping costs for the cancellation of flawless, non-personalized goods and does not provide a free return label.

No reason is required for exercising the statutory right of cancellation.

For goods that are actually defective, damaged, incorrectly manufactured, or incorrectly delivered, the statutory defect rights and the following complaint provisions apply.

6. RETURN PROCESS:

The cancellation must be exercised against FamilienHerzensLiebling by means of a clear declaration. The mere return of the goods is not sufficient for this.

For clear allocation and quick processing, the cancellation declaration should be submitted before or at the latest simultaneously with the return shipment. In particular, the full name of the orderer, the order number, and the goods affected by the cancellation should be mentioned in the cancellation declaration.

The goods are to be sent to the return address specified in section 5.

The address of a production partner or fulfillment service provider, as well as a sender address indicated on the original shipping label, is not a return address, unless FamilienHerzensLiebling has expressly designated this address as a return address.

Returns must not be sent independently to a production partner, fulfillment service provider, or any other unconfirmed address.

The return must be sufficiently franked and packaged securely for transport.

A trackable shipping method is recommended as proof of timely dispatch.

Cash on delivery shipments will not be accepted.

Unpaid shipments are to be avoided. Additional costs culpably incurred and actually arising from this can be claimed from the customer to the extent permitted by law.

Additional costs, delays, or damages caused by a return culpably initiated by the customer to an unconfirmed address, insufficient postage, or inadequate transport packaging can be claimed from the customer to the extent permitted by law.

SUPPLEMENTARY RETURN CONDITIONS:

7. HANDLING OF GOODS, ORIGINAL PACKAGING, AND COMPENSATION FOR LOSS OF VALUE:

You only have to compensate for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary for checking their condition, properties, and functionality.

Clothing may be carefully tried on, as would be possible and customary in a retail store.

A compensable loss of value can arise, in particular, if the goods:

– have been worn or used beyond ordinary trying on,
– have been washed, cleaned, ironed, or otherwise treated,
– show stains or other soiling,
– have sweat, smoke, perfume, body, animal, or other foreign odors,
– have animal hair,
– have been damaged, stretched, deformed, or altered,
– have been processed or repaired by the customer or a third party,
– have been returned incomplete, or
– show other signs of use that go beyond handling necessary for inspection.

The goods should be returned complete, clean, unwashed, undamaged, and with all accompanying components, product tags, labels, accessories, and enclosures, unless their removal was necessary for a proper inspection of the goods.

The goods should also be returned in their original product packaging, unless its opening or removal was necessary for a proper inspection of the goods.

Missing or damaged product packaging, as well as missing product tags, labels, accessories, or other components, will only be considered if an actual and demonstrable loss of value has occurred as a result.

The goods must be packed in such a way that they are adequately protected against soiling, moisture, deformation, and other transport damage during the return shipment.

Damage or loss of value caused by culpably inadequate packaging of the return shipment can be claimed to the extent permitted by law.

8. GOODS INSPECTION, EVIDENCE SECURING AND SETTLEMENT:

Every incoming return will be carefully inspected upon receipt.

The mere acceptance or receipt of a shipment does not constitute acknowledgment of a right of cancellation, nor confirmation of proper goods condition or a full refund claim.

The condition of the goods, product tags, labels, accessories, product packaging, and shipping packaging can be documented immediately upon receipt by photographs, weight data, or other suitable evidence.

The inspection may include, in particular:

– identity and completeness of the returned goods,
– condition of the material, surface, and print,
– existing signs of use or wear,
– stains, soiling, or foreign odors,
– damage, stretching, deformation, or other alterations,
– presence of labels, product tags, accessories, and enclosures, and
– conformity of the return with the cancellation declaration.

A shipping or delivery receipt merely confirms the dispatch of a shipment. It does not confirm the specific contents of the shipment, nor the condition, completeness, or identity of the goods contained therein.

The amount of a claim for compensation for loss of value depends on the actually incurred and demonstrable loss of value.

A legally justified claim for compensation for loss of value can be offset against the refund claim or asserted separately to the extent permitted by law.

If the goods are no longer saleable as new, or are only significantly limited in their saleability as new, due to excessive use, considerable soiling, damage, alteration, or incompleteness, the compensation for loss of value can be correspondingly high.

In the event of a demonstrably complete loss of value, the compensation for loss of value can extend to the full value of the goods. In this case, after settlement, no refundable amount may remain with regard to the value of the goods.

The acceptance of the goods does not constitute a waiver of any existing claims of FamilienHerzensLiebling for compensation for loss of value, damages, or other claims.

9. UNJUSTIFIED RETURNS:

Personalized goods, as well as other goods for which no statutory or expressly granted right of return exists, are not recognized as legitimate returns.

The mere return of goods does not automatically create a claim for refund, exchange, replacement delivery, or any other service.

This applies in particular if:

– it is a personalized item,
– there is no statutory or expressly granted right of return,
– the cancellation period has expired,
– no clear cancellation declaration has been submitted,
– the returned goods are not covered by the cancellation declaration, or
– goods other than those ordered or delivered have been returned.

If such a shipment is actually accepted, acceptance is exclusively for inspection and without acknowledgment of any legal obligation.

An unjustified return does not create an automatic claim for a refund, exchange, or replacement.

Should an unjustified return be sent back to the customer, re-shipping may be made conditional on prior payment of the actual packaging and shipping costs incurred.

Further statutory claims of FamilienHerzensLiebling remain unaffected.

COMPLAINTS AND WARRANTY CLAIMS

10. REPORTING AND PHOTO DOCUMENTATION OF A COMPLAINT:

The statutory right of cancellation without stating reasons must be distinguished from a complaint due to an alleged defect, damage, incorrect manufacturing, incorrect delivery, or non-delivery.

Before returning a complained-about item, the customer must report the complaint by e-mail to service@familienherzensliebling.com

The complaint must be described concretely and completely.

To the extent possible, necessary, and reasonable, the following information and evidence must be submitted for examination:

– full name of the orderer,
– order number,
– exact designation of the complained-about product,
– concrete description of the alleged defect or deviation,
– time at which the alleged defect or damage was discovered,
– meaningful photographs of the complete product,
– clear close-up shots of the specifically complained-about area,
– photographs of the product identification or care label,
– in case of incorrect delivery, photographs of the received product, product identification, and shipping label, and
– in case of alleged transport damage, photographs of the outer shipping packaging, inner packaging, shipping label, and the damaged goods.

In the event of an alleged non-delivery, the order number and all available information regarding delivery status or tracking must be provided.

Photographs must be clear, adequately lit, unaltered in content, and suitable for a proper assessment.

The photographs must show both the complete product and the specific area of complaint.

Incomplete, blurry, contradictory, manipulated in content, or unsuitable photographs for a proper examination cannot be accepted as sufficient documentation.

FamilienHerzensLiebling may request additional photographs, information, or other reasonable evidence necessary for the examination.

A final assessment is only possible once the necessary and reasonable information and evidence for a proper examination are available.

If a sufficient assessment is not possible based on the photographs, the customer must make the complained-about goods available for examination and potential supplementary performance.

FamilienHerzensLiebling will inform the customer whether, when, and to which address the goods are to be returned for inspection or how else they are to be provided.

The requested documents serve to examine the complaint. The legal rights in case of a justified defect remain unaffected.

11. STORAGE OF THE COMPLAINED-ABOUT GOODS:

The complained-about goods, as well as the shipping packaging, product packaging, labels, product tags, accessories, and enclosures, must be stored, if still available, until the completion of the necessary examination.

The complained-about goods, until the completion of the initial inspection, must not be, without prior agreement, in particular:

– destroyed or disposed of,
– resold or given away,
– worn or used further,
– washed or cleaned,
– repaired or altered,
– further processed, or
– significantly changed in their condition in any other way.

Unauthorized returns to a production partner, fulfillment service provider, or an uncommunicated return address are to be refrained from.

12. EXAMINATION AND PROCESSING OF THE COMPLAINT:

The submission of photographs or other evidence, the acceptance of a complaint, the request for further information, or the acceptance of a return does not constitute an acknowledgement of a defect, liability, or claim for reimbursement.

FamilienHerzensLiebling examines in particular:

– whether the complained-about product matches the order,
– whether there is a defect, damage, faulty manufacturing, or incorrect delivery,
– whether the goods were produced in accordance with the order data and any customer approval given,
– whether the complained-about condition arose only through subsequent use, treatment, cleaning, alteration, or damage, and
– what further examination or legal supplementary performance is required.

In case of concrete evidence of manipulated images, intentionally false statements, repeatedly asserted claims for reimbursement, simultaneous reimbursement and payment chargeback, or any other attempt at fraud or abuse, FamilienHerzensLiebling may request further evidence, secure existing evidence, and initiate legal action.

If the complaint proves to be justified after examination, the statutory warranty rights apply.

FamilienHerzensLiebling bears the legally required transport, travel, labor, and material costs for a justified supplementary performance.

If the complaint proves to be unfounded and the customer has made intentionally or culpably false statements or caused avoidable costs, legally permissible claims by FamilienHerzensLiebling for reimbursement of actually incurred costs and damages remain reserved.

MODEL WITHDRAWAL FORM

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

To:

FamilienHerzensLiebling

Marcela Schöppner

Tal 44,
80331 Munich
Germany

Email: service@familienherzensliebling.com

I/We () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods:

Ordered on ________________________________ / received on ____________________________:

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) – only for notification on paper:

Date: