Right of withdrawal
# Right of Withdrawal
## Right of Withdrawal
If you are a consumer and conclude a distance-selling contract with Motorhaus Europa GmbH for the purchase of a vehicle, you have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you, or a third party designated by you who is not the carrier or freight forwarder, have/has taken possession of the vehicle.
To exercise your right of withdrawal, you must inform us of your decision to withdraw from the contract by means of a clear statement.
The withdrawal may in particular be declared by email.
Please send your withdrawal notice to:
**Motorhaus Europa GmbH**
Siegfriedstr. 150–151
10365 Berlin
Germany
**Email:** info@motorhaus-europa.de
**Telephone:** 0211 87973998355
To meet the withdrawal deadline, it is sufficient for you to send your notice of withdrawal before the withdrawal period has expired.
You are not required to provide a reason for your withdrawal.
To enable us to process your withdrawal more quickly, we kindly ask you, where possible, to provide your full name, purchase contract or order number, the vehicle concerned, and the Vehicle Identification Number (VIN).
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# Consequences of Withdrawal
If you validly withdraw from this contract, we will reimburse all payments received from you in connection with the withdrawn purchase contract, including the cost of the least expensive standard delivery method offered by us.
The reimbursement will be made without undue delay and no later than fourteen days from the day on which we receive your notice of withdrawal.
Any additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us will not be reimbursed.
Unless expressly agreed otherwise with you, we will use the same means of payment for the reimbursement that you used for the original transaction.
You will not incur any additional fees as a result of this reimbursement.
We may withhold reimbursement until we have received the vehicle back or until you have provided evidence that you have returned or dispatched the vehicle for return, whichever occurs first.
This does not apply if we have offered to collect the vehicle ourselves.
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# Return of the Vehicle Following Withdrawal
After declaring your withdrawal, you must return the vehicle without undue delay and no later than fourteen days from the day on which you inform us of your withdrawal, or arrange for the vehicle to be returned within this period.
Please contact us before returning the vehicle so that the return can be coordinated and you can be informed of the return location applicable to the vehicle concerned.
Vehicles belonging to Motorhaus Europa GmbH may be located both in Germany and at our warehouse or vehicle storage location in Poland.
The registered corporate office of Motorhaus Europa GmbH is:
**Motorhaus Europa GmbH**
Siegfriedstr. 150–151
10365 Berlin
Germany
Our warehouse and vehicle storage location in Poland is not the registered corporate office of Motorhaus Europa GmbH.
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# Return Transport Costs in the Event of a Standard Withdrawal
In the event of a standard withdrawal where there is no vehicle defect attributable to us and no material deviation from the agreed condition of the vehicle, the consumer shall bear the direct costs of returning or transporting the vehicle back, **provided that the consumer was properly informed of these costs before the purchase contract was concluded**.
As motor vehicles, by their nature, cannot normally be returned by regular postal services, the buyer will be informed of the actual return transport costs or, where these cannot reasonably be calculated precisely in advance, the estimated maximum return transport costs for the vehicle concerned **before conclusion of the purchase contract**.
Such information may in particular be provided in the vehicle offer, in an offer sent to the buyer before conclusion of the contract, in the contractual documents, or in the purchase contract.
If the consumer was not properly informed before conclusion of the contract about the return transport costs to be borne by them, the applicable statutory provisions shall apply.
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# Return Transport in the Event of a Vehicle Defect or Material Deviation
The above provisions concerning return transport costs in the case of a standard withdrawal do not apply to costs that must be borne by Motorhaus Europa GmbH under the buyer’s statutory rights relating to defects.
If the vehicle delivered does not correspond to the condition expressly agreed in the purchase contract, or if the vehicle materially differs from the agreed information contained in the vehicle advertisement or purchase contract, the buyer’s statutory rights in respect of defects shall apply.
This may in particular be the case if, for example:
- an expressly agreed item of equipment is missing,
- significant known damage or defects were not disclosed before conclusion of the contract,
- the vehicle has significant damage that was already present at the time of handover and was not agreed upon,
- expressly agreed information concerning the condition of the vehicle is incorrect,
- an expressly agreed characteristic of the vehicle is not present, or
- the vehicle actually delivered materially differs from the contractually agreed condition of the vehicle.
If a material defect or other significant contractual deviation exists and the statutory requirements are met, **Motorhaus Europa GmbH shall bear the necessary costs of supplementary performance and the necessary costs of transporting the vehicle in accordance with the applicable statutory provisions**.
If the statutory requirements for rescission of the contract due to a vehicle defect are met, **Motorhaus Europa GmbH shall bear the necessary costs of returning or transporting the vehicle back**.
The buyer is requested to inform us of any identified defect or material deviation as soon as reasonably possible so that we can examine the matter and coordinate the further procedure and, where applicable, arrange transport or collection of the vehicle.
Where possible, please coordinate any chargeable return transport with us in advance in order to avoid unnecessary or disproportionate transport costs.
This provision does not restrict any mandatory statutory rights of the consumer.
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# Inspection of the Vehicle Upon Return
In the event that a vehicle is returned or transported back, the condition of the vehicle will be inspected and compared with the condition documented at the time of the original vehicle handover.
In particular, the following may be inspected and documented:
- mileage,
- bodywork,
- paintwork,
- bumpers,
- windows and other glazing,
- wheels/rims,
- tyres,
- vehicle interior,
- lighting,
- vehicle keys,
- vehicle documents,
- accessories,
- visible damage, and
- technical or visual modifications.
Where available, the vehicle handover report as well as photographic or video documentation of the vehicle’s condition at the time of delivery may be used for this purpose.
Defects, damage or signs of use that were already present and documented at the time of the original vehicle handover will, of course, not be attributed to the buyer as damage that occurred after delivery.
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# Compensation for Loss in Value Following Withdrawal
The consumer is only required to compensate for any loss in value of the vehicle if that loss in value is attributable to handling of the vehicle that was not necessary in order to establish the nature, characteristics and functioning of the vehicle.
A reasonable inspection of the vehicle does not automatically result in an obligation to compensate for loss in value.
However, a loss in value may arise in particular if the vehicle has been used beyond what is necessary for an appropriate inspection or if new circumstances reducing the value of the vehicle have arisen after handover.
These may include, for example:
- substantial additional mileage,
- new accident damage or bodywork damage,
- new paint damage,
- new damage to wheels/rims or tyres,
- new glass damage,
- damage to the vehicle interior,
- technical or visual modifications,
- subsequent conversions or modifications,
- missing vehicle components,
- missing vehicle keys,
- missing vehicle documents, or
- missing accessories supplied with the vehicle.
Whether compensation for loss in value is due, and the amount of any such compensation, shall be determined in accordance with the applicable statutory provisions and the actual loss in value suffered.
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# Statutory Rights in Respect of Defects
The statutory right of withdrawal and the buyer’s statutory rights in respect of vehicle defects are independent of each other.
A withdrawal made within the statutory withdrawal period does not generally require the consumer to provide a reason.
If the vehicle has a defect, the statutory rights in respect of defects additionally apply.
Nothing in this Right of Withdrawal notice restricts the consumer’s statutory claims relating to defects, an agreed condition of the vehicle, a guarantee, or a defect fraudulently concealed by the seller.
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# Model Withdrawal Form
If you wish to withdraw from the contract, you may use the following form. Use of this form is not mandatory.
**To:**
Motorhaus Europa GmbH
Siegfriedstr. 150–151
10365 Berlin
Germany
Email: **info@motorhaus-europa.de**
I hereby withdraw from the contract concluded by me for the purchase of the following vehicle:
**First and last name of the buyer:**
________________________________________
**Address:**
________________________________________
________________________________________
**Email address:**
________________________________________
**Vehicle manufacturer / model:**
________________________________________
**Vehicle Identification Number (VIN):**
________________________________________
**Purchase contract / order number:**
________________________________________
**Date on which the purchase contract was concluded:**
________________________________________
**Date on which the vehicle was received:**
________________________________________
**Date of withdrawal:**
________________________________________
**Consumer’s signature:**
(required only if this form is submitted on paper)
________________________________________
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# Contact Details
**Motorhaus Europa GmbH**
Siegfriedstr. 150–151
10365 Berlin
Germany
Represented by the Managing Director:
**Martin Hoffmann**
Telephone: **0211 87973998355**
Email: **info@motorhaus-europa.de**
Commercial Register Court:
Charlottenburg Local Court (Berlin)
Commercial Register Number:
**HRB 86455 B**
VAT Identification Number:
**DE293972796**