Cancellation
Client‘s cancellation right
(A client is any natural person who enters into a transaction for a purpose which can be attributed to neither their commercial activities nor their independent professional activities)
Cancellation policy
Cancellation right
You can cancel your contract declaration in writing within one month (e.g. letter, fax, email) without including any reasons, or – if the goods are delivered to you prior to the expiry of the deadline – you can also send the goods back. The time period shall begin after the receipt of this written policy; however, this may not be prior to the time that the product is received by the recipient (if you are returning the products in question, it may not be prior to the receipt of the first partial delivery) and it may not be prior to the satisfaction of our information obligations as listed in Article 246 § 2 in conjunction with § 1 Parag. 1 and 2 EGBGB as well as our obligations listed in § 312g Parag. 1 Clause 1 BGB in conjunction with Article 246 § 3 EGBGB. The timely return of the cancellation notice or the goods cancellation period shall in itself constitute adherence to the cancellation deadline period. The cancellation notice must be addressed to:
Diesel Torque
1 Terne Close
Parklands
7441
Western Cape
South Africa
Revocation consequences
In the event of an valid cancellation, the mutually received benefits shall be returned and, if appropriate, any due additional charges (i.e. interest rates) shall be issued. If you are unable to return / issue the received benefits and additional charges (e.g. benefits from use), in whole or in part (or only in a worsened condition), then you must reimburse us apporopriately. You will not be required to compensate for any worsened condition caused by appropriate use of the goods. You will only be required to pay compensation on benefits if you have used a product in a way which lies outside the realm of its characteristics and function testing. „Characteristics and function testing“ is recognised as the testing and trying out of the given product as it may be commonly found in the shops.
Parcel items are to be returned at our own risk. You shall be eligible for the regular return costs if the delivered product matches the ordered one and if the price of the product to be returned does not exceed 40 Euros or if you have still not paid the quid pro quo or a contractually agreed partial payment if the price of the item is higher at the time of the cancellation. Otherwise, you shall incur no costs with the return. Non-parcel items shall be picked up at your place. Payment reimbursement obligations must be satisfied within 30 days. For you, deadline begins when you send your cancellation request or the item; for us, it begins with the receipt of the same.
Cancellation right exclusion
The cancellation right shall not be valid for, among other things: contracts for the delivery of products that are manufactured according to clients‘ specifications; contracts for products which are clearly tailored to personal needs; contracts for products which are not suitable for return due to their condition; contracts for products which can spoil quickly or whose expiration date has passed; contracts for the delivery of audio or video recordings or of software (if the delivered data carriers were unsealed by you); and contracts for the delivery of newspapers, magazines and pictorials (as long as you didn’t submit your contractual agreement for the delivery of newspapers, magazines and pictorials by phone).
End of cancellation policy
NB: wherever possible, please do not return goods to us as non-prepaid packages but as prepaid packages. We will gladly also refund the postage costs in advance if we are eligible for the return costs. Please prevent the product from becoming damaged or contaminated. Wherever possible, please send the product back to us in its original packaging with all the accessories and with all packaging components. If you no longer have the original packaging in your possession, please use appropriate packaging that will prevent the product from becoming damaged during transportation. The above procedures are not pre-requisites for the validity of the cancellation right.
