Right of withdrawal
Instructions on withdrawal / Right of withdrawal for consumers
Right of withdrawal
If you are a consumer, you have the right to withdraw from the contract concluded with us within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. To exercise the right of withdrawal, you must inform us:
hey sleepy GmbH, Mühlenstr. 8A, 14167 Berlin, Germany, phone: +49 30 75438644, email: info@lottili.de
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us, at:
hey sleepy GmbH, Goerzallee 299, 14167 Berlin
The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Exclusion of the right of withdrawal
The right of withdrawal does not apply in the cases of § 312g(2) and (3) BGB.
In particular, we would like to point out that, pursuant to § 312g(2) no. 1 BGB, the right of withdrawal does not apply to contracts for the supply of goods which are not prefabricated and for the production of which an individual selection or determination by you is decisive, or which are clearly tailored to your personal needs.
In particular, we would like to point out that, pursuant to § 312g(2) no. 6 BGB, the right of withdrawal does not apply to contracts for the supply of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery,
In particular, we would like to point out that, pursuant to § 312g(2) no. 2 BGB, the right of withdrawal is excluded for contracts concluded for goods that are liable to deteriorate rapidly or whose expiry date would quickly be exceeded. For physical reasons, the condition and quantity of the delivery cannot be identical to those of the return.
In particular, we would like to point out that, pursuant to § 312g(2) no. 3 BGB, the right of withdrawal is excluded for contracts for goods that are sealed and are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
The right of withdrawal does not apply to consumers who, at the time the contract is concluded, are neither resident in a Member State of the European Union nor have their sole place of residence or their delivery address outside the European Union at the time the contract is concluded.
Expiry of the right of withdrawal
where the customer wishes the service to be performed before the withdrawal period expires
The right of withdrawal also expires if we have fully performed the service and only began performing the service after you gave your express consent to this and at the same time confirmed your acknowledgment that you will lose your right of withdrawal once we have fully performed the contract.
If you withdraw from the contract insofar as the service has not yet been fully performed, you owe us compensation for the value of the service provided up to the withdrawal if you expressly requested that we begin the service before the withdrawal period expires.
Linked/financed transactions
If you finance this contract by taking out a loan and later withdraw from the contract, you are no longer bound by the loan agreement, provided that both contracts form an economic unit. This applies in particular if we are also your lender or if your lender makes use of our cooperation in financing. If the loan has already been transferred to us when the withdrawal takes effect or when the goods are returned, your lender assumes our rights and obligations under the financed contract with regard to the consequences of the withdrawal or return. However, this provision does not apply if the present contract concerns the acquisition of financial instruments (e.g. securities, foreign currencies or derivatives). If you wish to avoid being contractually bound as far as possible, exercise your right of withdrawal and also withdraw from the loan agreement, provided that you are also entitled to a right of withdrawal in respect of it.
Model withdrawal form
(If you wish to withdraw from the contract, you can complete this form and return it to us:)
hey sleepy GmbH, Mühlenstr.8A, 14167 Berlin; info@lottili.de
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for
Ordered on (*)/received on (*):
Name of consumer(s):
Address of consumer(s):
Date / Signature:
(*) Delete as appropriate.
End of the instructions on withdrawal