Right of Cancellation

Information on the right of cancellation

Consumer in the sense of these GTC is any natural person who concludes a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor his independent professional activity.

Consumers are entitled to the following right of cancellation:

Right of cancellation

You have the right to cancel this contract within fourteen days without giving reasons. 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 or has taken possession of the last goods.

In order to exercise your right of cancellation, you must inform us

Fitmart GmbH & Co. KG
Werner-von-Siemens-Straße 8
25337 Elmshorn, Germany

Telefax: +49 (0) 4121 830 31 09
E-Mail: info@esn.com

by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to cancel this contract. You may use the attached sample cancellation form for this purpose, but this is not mandatory.

In order to comply with the cancellation period, it is sufficient to send the notification of the exercise of the right of cancellation before the end of the cancellation period.

Effects of cancellation

If you cancel this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than any additional charges arising from your choosing a different method of delivery to the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your cancellation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to make any refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the cancellation of this agreement. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the fourteen-day period.

You bear the direct costs of returning the goods.

You shall only be liable for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary for the purpose of checking their nature, properties and functioning.

Sample cancellation form for consumers

You can access the sample cancellation form here: Sample cancellation form. (If you wish to cancel the contract, please fill out and return this form.)

Exclusion or premature expiration of the right of cancellation

The right of cancellation does not apply to contracts

  • for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded.

The right of cancellation expires prematurely for contracts

  • for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery;
  • for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature.

Return of products

  • The modalities mentioned in this section "Returns of products" of the GTC are not a prerequisite for the effective exercise of the consumer's right of cancellation.
  • Customers are requested to return the physical products to the Seller as a prepaid package and to keep the receipt of posting. If requested, the Seller will reimburse the Customer in advance for postage costs, unless these are to be borne by the Customer himself.
  • Customers are asked to avoid damage or contamination of the goods. If possible, the goods should be returned to the Seller in their original packaging with all accessories. If the original packaging is no longer in the possession of the Seller, another suitable packaging should be used in order to provide sufficient protection against transport damage and to avoid any claims for damages due to damage caused by defective packaging.