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Right of withdrawal
DRAFT: not yet reviewed by a lawyer. This English version is for information only; the German Widerrufsbelehrung is legally binding.
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period is 14 days from the day on which you, or a third party named by you who is not the carrier, take possession of the goods. If you ordered several goods in one order that are delivered separately, the period starts when you receive the last item.
To exercise your right of withdrawal, you must inform us:
[CONFIRM legal entity name, e.g. FOMO GmbH]
[CONFIRM street and number]
[CONFIRM postcode] Berlin
Germany
Email: ceo@drinkfomo.com
Phone: [CONFIRM phone number]
of your decision to withdraw from this contract by a clear statement (for example a letter sent by post or an email). You can use the model withdrawal form below, but you do not have to. You can also withdraw online using our withdrawal function: [CONFIRM link to the withdrawal button in the shop].
To meet the withdrawal deadline, it is enough to send your notice before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we will refund all payments we have received from you, including delivery costs (except extra costs if you chose a delivery type other than the cheapest standard delivery we offer), without undue delay and at the latest within 14 days from the day we receive your notice of withdrawal. We use the same payment method you used for the original transaction, unless expressly agreed otherwise; you will not be charged any fees for this refund.
We may withhold the refund until we have received the goods back or you have supplied proof that you have sent them back, whichever is earlier.
Please send the goods back to [CONFIRM return address] without undue delay and at the latest within 14 days from the day you tell us about your withdrawal. The deadline is met if you send the goods before the 14 days have expired. [CONFIRM: you bear the direct cost of returning the goods / we bear the cost of returning the goods.]
You only have to pay for any loss in value of the goods if this loss is due to handling that was not necessary to check their nature, characteristics and functioning.
Exception
The right of withdrawal does not apply to sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery (§ 312g (2) no. 3 BGB). This applies to opened FOMO sachets and boxes whose seal has been broken.
Model withdrawal form
(If you want to withdraw from the contract, please fill in this form and send it back to us.)
To: [CONFIRM legal entity name], [CONFIRM full address], email: ceo@drinkfomo.com
- I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for the purchase of the following goods:
- Ordered on (*) / received on (*):
- Name of consumer(s):
- Address of consumer(s):
- Signature of consumer(s) (only if this form is sent on paper):
- Date:
(*) Delete as appropriate.



