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Cancellation right
Cancellation right
The customer is entitled to cancel his/her declaration of intent for contract conclusion within one month of receiving the goods. The cancellation does not need to contain reasons, and must be declared to Mosquito-Boots GmbH in text format or by returning the items. Prompt sending of the cancellation or the goods is sufficient for upholding the deadline. The item must be returned to Mosquito-Boots GmbH, 30159 Hannover, Limburgstraße 8. Cancellation can also be advised by fax or email.
At the start of the cancellation period, in addition to receipt of the affected goods by the customer, the customer must have received correct, clear cancellation instructions in text format, if applicable with the necessary further information. The cancellation period does not start until the day after fulfilment of the needs regarding the cancellation instructions.
Justified cancellation results in reversal of the services received by both sides. In doing so, the customer is obliged to return the item if it can be sent by package. The costs for returning the item are borne by the customer for order values up to 40.00 Euros, unless the delivered item does not match the ordered item. For order values over 40.00 Euros, the customer does not need to bear the costs for returning the item (inside Germany - outside Germany the customer have to bear the costs for returning).
The customer must pay compensation for deterioration caused by normal usage of the item. The customer may check the item carefully. The customer bears the loss in value which, through usage extending beyond pure checking, results in the item no longer being able to be sold as “new”.
Warranty
In the event of a relevant defect, the customer can initially choose whether to ask for repairs or a replacement. Mosquito-Boots GmbH is, however, entitled to refuse the selected form of repairs if this would only be possible with disproportionate costs and the other form of repairs does not involve substantial disadvantages for the customer.
If the repairs fail, the customer can, at his/her discretion, ask for a mark-down on the price (reduction) or cancellation of the contract (withdrawal). If the customer chooses to withdraw from the contract following failed repairs, he/she is not entitled to any damage compensation claims for the defect. If, on the other hand, the customer chooses damage compensation, the customer keeps the item, if this is feasible. Damage compensation is limited to the difference between the purchase price and the value of the defective item. This does not apply if the contractual breach was caused maliciously.
Liability limits
For slightly negligent breaches of duty, Mosquito-Boots GmbH’s liability is limited to the typical, foreseeable, direct average damage according to the type of item. This also applies to slightly negligent breaches of duty by the legal representatives or assistants of Mosquito-Boots GmbH. The above liability limits do not affect the customer’s product liability claims. Furthermore, the liability limits do not apply to physical injury or harm to health, or to the death of the customer, if Mosquito-Boots GmbH is duly accountable.
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