Refund policy
This policy distinguishes between:
- a mandatory statutory right of withdrawal, where applicable;
- statutory remedies for defective, damaged, incorrectly supplied or otherwise non-conforming goods; and
- the separate voluntary 100-Day XTRA Satisfaction Promise.
These rights have different conditions and should not be confused with one another.
1. No general voluntary change-of-mind return right
Except for the separate 100-Day XTRA Satisfaction Promise and any mandatory statutory rights, we do not offer a voluntary return, exchange or refund merely because a customer changes their mind, selected the wrong product or quantity, does not like a product, or no longer wants it.
Consumers outside the European Economic Area may have mandatory rights under the law applicable in their country. Those rights remain unaffected. Where no mandatory statutory withdrawal right applies, this policy does not create an additional 14-day change-of-mind right.
2. Statutory right of withdrawal for eligible Consumers
The following withdrawal information applies to Consumers who have a statutory 14-day right of withdrawal under applicable German, European Union or European Economic Area distance-selling law.
Right of withdrawal
You have the right to withdraw from the relevant distance contract within 14 days without giving any reason.
For a contract for the delivery of a single item, the withdrawal period is 14 days from the day on which you, or a third party designated by you other than the carrier, receive the goods.
Where you ordered several goods in one order and they are delivered separately, the period begins when you, or a third party designated by you other than the carrier, receive the last item.
Where one item is delivered in several partial shipments or pieces, the period begins when you, or a third party designated by you other than the carrier, receive the last partial shipment or piece.
For a contract for the regular delivery of goods over a defined period, including an eligible savings subscription, the period begins when you, or a third party designated by you other than the carrier, receive the first delivery.
To exercise the right of withdrawal, you must inform us of your decision by an unequivocal statement, for example by letter or email, sent to:
PaNiKa UG (haftungsbeschränkt)
Hohenzollernring 57
50672 Cologne
Germany
Email: info(@)xtrafuel(.)de
You may use the model withdrawal form at the end of this policy, but use of the form is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send the statement exercising the right of withdrawal before the withdrawal period expires.
Consequences of withdrawal
If you validly withdraw from the contract, we will reimburse all payments received from you for the withdrawn goods, including the cost of our least expensive standard delivery offered for the order. Additional delivery costs resulting from your choice of a more expensive delivery method are not reimbursed.
We will make the reimbursement without undue delay and no later than 14 days after the day on which we receive your withdrawal statement. We may withhold reimbursement until we have received the goods back or you have supplied evidence that you sent the goods back, whichever occurs first.
Unless expressly agreed otherwise, reimbursement will be made using the same payment method used for the original transaction. You will not be charged a fee by us for the reimbursement.
You must send the goods without undue delay and no later than 14 days after the day on which you notify us of the withdrawal. The deadline is met if you dispatch the goods before the 14-day return period expires.
The goods must be sent to:
log-mark GmbH
c/o PaNiKa (XTRA FUEL)
Talstr. 61
70825 Korntal-Münchingen
Germany
Please include sufficient information to identify your order. We recommend contacting info(@)xtrafuel(.)de before dispatch so that we can provide return and customs instructions. Prior contact is not a condition for a valid statutory withdrawal.
You bear the direct cost of returning the goods where applicable law permits this allocation and you were properly informed of it before the contract was concluded.
You are responsible for any diminished value of the goods resulting from handling beyond what is necessary to establish their nature, characteristics and functioning.
3. Statutory exceptions to withdrawal
The statutory right of withdrawal does not apply, among other cases prescribed by applicable law, to contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their protective seal was removed after delivery.
This exception is applied only where all statutory requirements are met. Opening ordinary outer shipping packaging does not by itself remove the right of withdrawal.
Where a multipack or bundle contains separately sealed products, opening one separately sealed product does not automatically remove the statutory right relating to every other unopened product. The legal position depends on the goods and the applicable statutory requirements.
4. Savings subscriptions
Taking out a savings subscription does not remove any statutory right of withdrawal. For a contract involving regular deliveries of goods, the statutory withdrawal period generally begins upon receipt of the first delivery where the applicable law so provides.
Termination of a subscription and withdrawal from a contract are different rights. A subscription may be terminated for future deliveries in accordance with the Terms of Service through the subscription-management facility, the online cancellation function or by emailing info(@)xtrafuel(.)de.
Termination does not automatically cancel an individual order that has already been concluded or dispatched. Any applicable statutory withdrawal and remedy rights remain unaffected.
5. Defective, damaged or incorrect goods
If goods are defective, damaged in transit, incorrectly supplied or otherwise do not conform to the contract, please contact info(@)xtrafuel(.)de and provide the order number, a description of the problem and, where reasonably possible, photographs.
Mandatory statutory remedies are free of charge and are not restricted by the 100-Day XTRA Satisfaction Promise, the statutory withdrawal rules or any request that transport damage be reported promptly.
Customers are encouraged to report visible transport damage promptly and, where practical, have it recorded by the carrier. Accepting a visibly damaged shipment does not by itself remove mandatory statutory rights.
Where the return concerns a valid statutory claim for defective, damaged, incorrect or non-conforming goods, return costs are allocated in accordance with mandatory applicable law. Do not return such goods before receiving instructions unless immediate dispatch is necessary to preserve a legal deadline.
6. Voluntary 100-Day XTRA Satisfaction Promise
Eligible first orders may be covered by our separate voluntary 100-Day XTRA Satisfaction Promise. It allows a qualifying customer to request a refund of the actual price paid for eligible products under the conditions stated in the guarantee.
The guarantee is not a statutory right of withdrawal and does not alter or restrict mandatory consumer rights. In particular, original delivery charges, return shipping and import charges are not reimbursed under the voluntary guarantee unless its terms or mandatory law expressly require otherwise.
7. Customer-caused failed delivery and unauthorised returns
Refusing a delivery, failing to collect a shipment, providing an incorrect or incomplete address, or failing to pay destination import charges does not by itself constitute a valid exercise of a right of withdrawal.
If goods are returned for a reason attributable to the customer outside a valid statutory withdrawal, statutory remedy or accepted guarantee claim, we may claim or deduct the necessary costs actually incurred, including return transportation, handling and customs charges, to the extent permitted by law. The customer may prove that no loss, or a substantially lower loss, was incurred.
Returns sent with postage due or cash on delivery may be refused unless mandatory law requires acceptance.
8. Import taxes, duties and third-party charges
For deliveries made on a DAP basis, import VAT, customs duties, carrier presentation fees and customs-clearance charges are paid to authorities or third parties and are not collected by us. We therefore do not refund those amounts.
If applicable law gives the customer a right to recover such charges, the customer must generally apply directly to the relevant authority or service provider. We will provide reasonable supporting documentation where available.
9. Model withdrawal form
Complete and send this form only if you wish to withdraw from a contract and have an applicable statutory right of withdrawal. Use of this form is not mandatory.
To:
PaNiKa UG (haftungsbeschränkt)
Hohenzollernring 57
50672 Cologne
Germany
Email: info(@)xtrafuel(.)de
I/We (*) hereby give notice that I/We (*) withdraw from the contract concluded by me/us (*) for the purchase of the following goods:
____________________________________________________________
Ordered on (*) / received on (*):
____________________________________________________________
Name of Consumer(s):
____________________________________________________________
Address of Consumer(s):
____________________________________________________________
Signature of Consumer(s), only if this form is submitted on paper:
____________________________________________________________
Date:
____________________________________________________________
(*) Delete as appropriate.