Cancellation Policy for Purchase and Rental Agreements for Mobility Aids
1. General Information
Our aim is to deal with our customers fairly, transparently and in full compliance with the law. Consumers are, of course, entitled to their statutory rights of withdrawal without restriction in accordance with the applicable legal provisions.
Since Reckmann GmbH, under the Mobi-Roll brand, offers both purchase and rental agreements for medical mobility aids, different statutory provisions governing the right of withdrawal apply depending on the type of agreement. The following information explains the legal provisions applicable to purchase and rental agreements.
Medical mobility aids differ significantly from ordinary consumer goods in terms of their use, hygiene requirements and safety-related characteristics. After use and before being sold or rented again, they must undergo a thorough technical inspection and, where necessary, be cleaned, disinfected and reconditioned to ensure their functionality, operational safety and hygienic suitability.
For this reason, every returned item is inspected and documented by qualified service technicians in accordance with a standardised procedure. The technical inspection is intended, in particular, to determine the technical, visual and hygienic condition of the device and assess whether it is suitable for resale or rental. It also enables any loss in value to be objectively determined in accordance with statutory provisions.
The statutory right of withdrawal allows consumers to inspect goods to the same extent as would be possible in a retail store. However, it is not intended to permit unrestricted everyday use of medical mobility aids during the withdrawal period, followed by their return without consideration of any resulting loss in value. Where the statutory requirements are met, we therefore reserve the right to claim legally permissible compensation for diminished value in accordance with Section 357a of the German Civil Code (BGB).
2. Right of Withdrawal for Purchase Agreements
Right of Withdrawal
When concluding a distance-selling agreement, consumers generally have the statutory right to withdraw from the agreement within fourteen (14) 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, take possession of the goods; or
- in the case of partial deliveries, on which you or the third party designated by you receive the final item, partial consignment or piece.
To exercise your right of withdrawal, you must inform us at:
Reckmann GmbH
Bernsweg 32
47445 Moers
Germany
E-mail: info@mobi-roll.de
of your decision to withdraw from this agreement by means of an unambiguous statement, for example by letter or e-mail.
You may use the model withdrawal form provided at the end of this cancellation policy, although its use is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification concerning the exercise of your right of withdrawal before the withdrawal period expires.
Statutory Exceptions
The statutory right of withdrawal does not apply or may expire prematurely where statutory grounds for exclusion apply pursuant to Sections 312g and 356 BGB.
This applies in particular to goods:
- manufactured according to the customer’s specifications or clearly tailored to the customer’s personal requirements;
- which are unsuitable for return for reasons of health protection or hygiene if their seal has been removed after delivery; and
- in other cases in which the right of withdrawal is excluded or expires under statutory provisions.
Whether the right of withdrawal is excluded in a particular case is determined solely by the applicable statutory provisions.
3. Consequences of Withdrawal from Purchase Agreements
If you withdraw from this agreement, we will refund all payments received from you in connection with the cancelled purchase agreement, including the costs of standard delivery, without undue delay and no later than fourteen (14) days from the day on which we receive your notification of withdrawal.
Unless expressly agreed otherwise, we will use the same payment method for the refund as you used for the original transaction. You will not incur any additional fees as a result of the refund.
We may withhold the refund until we have received the goods or until you provide proof that you have returned them, whichever occurs first.
You must return or hand over the goods to us without undue delay and no later than fourteen (14) days after submitting your declaration of withdrawal. The deadline is met if you dispatch the goods before the fourteen-day period expires.
You bear the direct costs of returning the goods unless otherwise required by law.
The returned goods must be complete and include all accessories, operating instructions, fastening components and any other items supplied with the original delivery. Wherever possible, the goods should be returned in transport-safe packaging to prevent damage in transit.
Compensation for Diminished Value
You are only liable for any loss in value of the goods if that loss results from handling the goods beyond what is necessary to establish their nature, characteristics and functionality.
You may inspect the goods to the same extent as would be possible in a physical specialist store. Any use beyond this, particularly ordinary everyday use or use over an extended period, may give rise to a claim for compensation for diminished value under Section 357a BGB.
Whether and to what extent the goods have diminished in value will be determined and documented after receipt of the returned goods as part of the technical inspection described in Section 4 of this cancellation policy.
The assessment will take account of all circumstances of the individual case and the applicable statutory provisions. Compensation for diminished value will only be claimed where the statutory requirements are met.
4. Returns and Technical Inspection
Upon receipt, every returned mobility aid undergoes a standardised technical, visual and hygienic inspection. The sole purpose of this inspection is to establish objectively the actual condition of the returned device and assess whether and to what extent it has diminished in value within the meaning of the applicable statutory provisions.
The inspection is carried out by qualified service personnel in accordance with a standardised inspection procedure. The following features are inspected in particular:
- general care and condition;
- cleanliness and hygienic condition;
- functionality of all safety-related components;
- condition of the wheels, tyres, brakes, bearings and steering;
- frame, seat surfaces, padding and handles;
- completeness of the delivery, including accessories and fastening components;
- visible signs of use, damage or other alterations.
Where necessary, the condition of the device will be documented in writing and by means of photographs and/or video recordings. This documentation is used solely to preserve evidence and to provide a verifiable record of the device’s actual condition at the time of return.
Normal signs of use resulting solely from an inspection of the nature, characteristics and functionality of the goods within the legally permissible scope will not give rise to a claim for compensation for diminished value.
However, if damage, exceptional wear, missing components or other alterations are identified that result from use exceeding the permissible scope of inspection, this may give rise to a claim for compensation for diminished value under Section 357a BGB, provided the statutory requirements are met.
The assessment is always based on the circumstances of the individual case. The nature, extent and cause of any identified alterations, as well as the statutory provisions governing compensation for diminished value, will be decisive.
Compensation for diminished value is not calculated on a flat-rate basis. Every return is individually inspected and documented.
The technical inspection serves solely to establish the actual condition of the device and does not affect the consumer’s statutory rights. Statutory warranty claims and other consumer rights remain unaffected.
5. Right of Withdrawal for Rental Agreements
Right of Withdrawal
Consumers generally also have a statutory right of withdrawal in accordance with the applicable statutory provisions when entering into distance-selling agreements for the rental of mobility aids.
The withdrawal period is fourteen (14) days from the day on which the agreement is concluded, provided the statutory requirements for the right of withdrawal are met and no statutory grounds for exclusion or expiry apply.
To exercise the right of withdrawal, it is sufficient to send Reckmann GmbH an unambiguous statement clearly indicating your decision to withdraw from the rental agreement. The statement may be submitted by letter or e-mail. To meet the withdrawal deadline, it is sufficient to send the declaration of withdrawal before the withdrawal period expires.
You may use the enclosed model withdrawal form, although its use is not mandatory.
Consequences of Withdrawal
In the event of a valid withdrawal, both parties must return the services or benefits received in accordance with the applicable statutory provisions.
Any mobility aids already received must be returned or handed back to Reckmann GmbH without undue delay and no later than fourteen (14) days after the declaration of withdrawal is submitted. The deadline is met if the mobility aid is dispatched before the fourteen-day period expires.
The consumer bears the direct costs of returning the mobility aid unless otherwise required by law or expressly agreed.
Upon receipt of the returned mobility aid, the technical inspection described in Section 4 of this cancellation policy will be carried out.
Compensation for diminished value may only be claimed if the mobility aid has been used beyond what is necessary to inspect its nature, characteristics and functionality and the relevant statutory requirements are met.
Special Information
As mobility aids are generally safety-related medical devices or aids used for medical purposes, every returned device undergoes a technical and hygienic inspection before it can be rented or sold again.
This inspection serves solely to ensure functionality, operational safety and hygiene and to determine any loss in value in accordance with the applicable statutory provisions.
The performance of this inspection does not affect the consumer’s statutory right of withdrawal.
6. Early Commencement of Rental Services
Medical mobility aids are frequently required urgently. Tenants therefore regularly request that delivery of the aid and performance of the rental agreement begin before the statutory withdrawal period has expired.
If the tenant expressly requests early commencement of contractual performance, all services necessary for the provision of the mobility aid will begin immediately. These include, in particular, preparing and supplying the mobility aid, shipping and logistics services and—where reimbursement by a statutory health insurance provider is to be requested—the immediate initiation and processing of the reimbursement procedure by the appointed billing partner.
If the consumer withdraws from the rental agreement after contractual performance has begun, compensation may be payable for services already provided up to the time of withdrawal, provided the statutory requirements are met.
The amount of any compensation is determined exclusively by the applicable statutory provisions and the actual extent of the services already provided up to the time of withdrawal.
The following may be taken into account in particular:
- the actual period of use of the mobility aid, calculated using the applicable rental rates;
- shipping, logistics and service work already performed; and
- services already performed by the appointed billing partner in connection with an application for reimbursement by a statutory health insurance provider.
If the reimbursement procedure with the statutory health insurance provider has already been initiated before withdrawal, these services include, in particular, reviewing the submitted documents, preparing and submitting the billing documents and communicating with the relevant payer.
The appointed billing partner charges the lessor for these services in accordance with the currently applicable remuneration agreement. These costs currently amount to €80.00 per billing transaction. These services form part of the agreed rental service and are normally covered as part of the reimbursement provided by the statutory health insurance provider.
If an initiated billing procedure must be terminated, cancelled or reversed as a result of withdrawal or early termination initiated by the tenant, the services already performed may be taken into account when calculating any compensation in accordance with the applicable statutory provisions.
Once the billing procedure has been initiated, changes to the agreed rental period or other contractual amendments may mean that the procedure already commenced with the payer cannot continue unchanged and must be adjusted or terminated. The consumer’s statutory rights remain unaffected.
Important Information
If the agreement is terminated early after performance has already begun, compensation may be recalculated based on the rental period actually used and the shipping, service and billing work already performed.
In individual cases, this may mean that the compensation calculated in accordance with statutory provisions is higher than the amount payable if the originally agreed rental period had been completed.
No flat-rate contractual penalty or compensation exceeding the amount permitted by law will be charged. The consumer’s statutory rights, particularly the statutory right of withdrawal, remain unaffected.
7. Special Equipment and Individual Configurations
In addition to standard versions, Mobi-Roll offers various equipment options and optional accessories. These include larger tyres, additional equipment features, comfort options and other accessories selected by the customer.
Selecting such equipment does not automatically exclude the statutory right of withdrawal.
The right of withdrawal may only be excluded if the mobility aid has been manufactured according to the customer’s specifications or clearly tailored to the consumer’s personal requirements and the statutory conditions under Section 312g BGB are met.
Whether such an exceptional case applies will be assessed for the individual order based on its specific configuration and the applicable statutory provisions.
Where the statutory right of withdrawal applies, the provisions of this cancellation policy also apply to individually configured mobility aids.
The assessment is based exclusively on the applicable statutory provisions. An individual configuration or selection of optional equipment alone does not exclude the statutory right of withdrawal.
8. Model Withdrawal Form
If you wish to withdraw from the agreement, you may complete this form and return it to us.
Use of this form is voluntary. To exercise your statutory right of withdrawal, any unambiguous statement clearly indicating your decision to withdraw from the agreement is sufficient.
To
Reckmann GmbH
Mobi-Roll
Bernsweg 32
47445 Moers
Germany
E-mail: info@mobi-roll.de
Declaration of Withdrawal
I/We () hereby withdraw from the agreement concluded by me/us () for:
☐ the purchase of the following goods
☐ the rental of the following mobility aid(s)
Ordered on (*) __________________________________
Received on (*) _________________________________
Name of consumer(s) _____________________________
Address of consumer(s) __________________________
Additional Voluntary Information
Order number (voluntary) _________________________
Reason for withdrawal (voluntary)
Although you are not legally required to provide a reason for withdrawing, we would greatly appreciate it if you would take a moment to explain the reason for your decision.
Our mobility aids are not ordinary consumer goods. They are aids used for medical purposes and are frequently ordered following an injury, surgery or medical recommendation. Every withdrawal requires the returned device to undergo a complete technical inspection, hygienic reconditioning and preparation for future use.
Your feedback helps us to:
- continue improving our advice;
- better assess the suitability of our mobility aids for different medical requirements;
- reduce incorrect orders and avoidable returns;
- continuously develop our quality standards; and
- use resources and transport responsibly.
Please therefore explain as specifically as possible why the mobility aid did not meet your expectations or medical requirements.
Date ____________________
Signature ______________________________
(required only if submitted on paper)
(*) Delete as appropriate.
Note
Providing the order number and reason for withdrawal is voluntary and has no effect whatsoever on the exercise or validity of your statutory right of withdrawal. This information is used solely to process your withdrawal more quickly and to continuously improve our products, advice and customer service.
9. Final Provisions
This cancellation policy informs consumers of their statutory rights in relation to distance-selling agreements for the purchase or rental of mobility aids supplied by Reckmann GmbH under the Mobi-Roll brand.
Its purpose is to explain transparently the statutory withdrawal provisions and the rights and obligations of both parties in connection with the exercise of the right of withdrawal.
Where this cancellation policy refers to statutory provisions, the statutory provisions applicable at the time the agreement is concluded shall always apply.
If individual wording in this cancellation policy requires amendment due to legislative changes or new case law, the applicable statutory provisions shall prevail in case of doubt.
Reckmann GmbH aims to provide its customers with transparent, clear and comprehensive information about their statutory rights and will be happy to answer any questions concerning the right of withdrawal.