Delivery and Execution
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Pouchain shall exercise the utmost care when processing and fulfilling product orders, as well as when assessing requests for the provision of services.
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The delivery address is the one provided by the Consumer to Pouchain.
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With due observance of the provisions in Article 4 of these General Terms and Conditions, Pouchain shall execute accepted orders promptly and at the latest within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be fulfilled in part, the Consumer shall be informed within one month after placing the order. In such cases, the Consumer has the right to cancel the contract free of charge and is entitled to compensation if applicable.
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In the event of cancellation under the previous paragraph, Pouchain shall refund any payment made by the Consumer as soon as possible, and at the latest within 30 days after cancellation.
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If delivery of an ordered product proves to be impossible, Pouchain shall make every effort to offer an equivalent replacement. This will be clearly communicated before delivery. The right of withdrawal remains valid for replacement products. Return shipping costs for replacement items shall be borne by Pouchain.
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Unless otherwise expressly agreed, the risk of loss and/or damage to products lies with Pouchain until the moment of delivery to the Consumer.
When Delivering Products
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When purchasing products, the Consumer has the right to withdraw from the contract without giving reasons for at least 14 days. This period starts on the day the product is received by or on behalf of the Consumer.
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During this period, the Consumer shall handle the product and packaging with care. The product may only be unpacked or used to the extent necessary to determine whether the Consumer wishes to keep it. If the Consumer exercises the right of withdrawal, the product must be returned to Pouchain with all accessories, and—if reasonably possible—in its original condition and packaging, following Pouchain’s reasonable and clear instructions.
When Providing Services
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When services are provided, the Consumer has the right to withdraw from the agreement without stating reasons for at least 14 days, starting from the day the contract is concluded.
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To exercise the right of withdrawal, the Consumer must follow the reasonable and clear instructions provided by Pouchain at the time of the offer and/or prior to delivery.
Costs in Case of Withdrawal
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If the Consumer exercises the right of withdrawal, only the cost of return shipping shall be at the Consumer’s expense.
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If the Consumer has made a payment, Pouchain shall reimburse the amount as soon as possible, and at the latest within 30 days after the return or cancellation.
Exclusion of the Right of Withdrawal
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If the right of withdrawal is not applicable, Pouchain may exclude it only if this has been clearly stated in the offer, or at least in a timely manner before the agreement is concluded.
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Exclusion of the right of withdrawal is only possible for products:
a. made to the Consumer’s specifications;
b. that are clearly personal in nature;
c. that cannot be returned due to their nature;
d. that deteriorate or expire quickly;
e. whose prices are subject to financial market fluctuations beyond Pouchain’s control;
f. such as single newspapers and magazines;
g. audio or video recordings and computer software with broken seals. -
Exclusion of the right of withdrawal is only possible for services:
a. related to accommodation, transport, restaurant services or leisure activities to be carried out on a specific date or during a specific period;
b. that have begun with the Consumer’s explicit consent before the end of the withdrawal period.