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Right of withdrawal

RETURNS & REFUND POLICY

  1. The returned goods/products will be checked with the receipt together and the goods should be in the good condition.
  2. Customer who purchased the wrong item is not entitled to a refund.
  3. The packaging should be in the original condition in the original shipping container as received. If the goods/products have been used or damaged by the customer, there will not be any refund. CP Grocer will also not be responsible if your shipment is lost during the return transit. Once we have checked and confirm the goods/products, the customer will receive their refund within 14 working days after the confirmation.
  4. Our policy lasts 2 days. If 2 days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange.
    Exchanges (if applicable)
    We only replace items if they are defective or damaged.

Please return your purchase to the following address:
CP Grocer Sdn Bhd (Frozen Food Mart)
No. 38, Persiaran Bercham Timur 20, Taman Bercham Baru 31400 Ipoh, Perak, Malaysia.

Please contact us at +6 017-816 6982 or enquiy@frozenfood.com.my if you have any questions or doubts.


A definite prerequisite is that the customer places his order as a consumer and not as an entrepreneur.

Source: https://www.oppenhoff.eu/en/news-detail/right-of-withdrawal-and-e-food-is-this-combination-possible

Exception to the right of withdrawal

Even in cases where distance selling law and thus the right of revocation applies in principle, the law provides for exceptions to the right of withdrawal. The cases in which such an exclusion applies are listed in § 312g (2) BGB.

The provisions relevant to the trade in foodstuffs are described briefly below:

Customised food (§ 312g (2) No. 1 BGB)

These are goods which are not prefabricated and which are produced on the basis of the consumer’s individual selection or determination or which are clearly tailored to the needs of the consumer. Customised food is becoming more and more fashionable: For example, customers can have muesli, exclusive coffees, teas or juices mixed or order individualised sweets. The right of withdrawal is excluded for such products. However, this is only the case if the seller has already started mixing or manufacturing the product at the time of receiving the withdrawal and is unable to separate the components again with little effort.

Perishable food (§ 312g (2) No. 2 BGB)

The right of withdrawal is also excluded for contracts for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded. This provision is of great relevance: if quickly perishable food is sold, or food whose expiration date has been exceeded, it would constitute an unreasonable hardship for the seller if customers were allowed to return it. Goods are quickly perishable if, after their transport and their expected "retention time", a relatively substantial part of their total life has expired. Dairy products, fresh fruit and vegetables unproblematically fall under this category. In individual cases, however, it can be difficult to make a clear distinction.

The exception of the expiry date having been exceeded merely constitutes a special case of spoilage. It should be noted that the use-by date has to have been set according to recognised technical standards. Otherwise, an arbitrarily short expiry date could undermine the right of withdrawal.

Sealed food (§ 312g (2) No. 3 BGB)

A further exception to the right of withdrawal is the delivery of sealed food, if the sealed food has been opened after delivery. This provision is aimed especially at ready-made meals. Although the consumer is fundamentally entitled to inspect the purchased goods, in the case of sealed food this is limited to a mere visual inspection; otherwise, the trader would no longer be able to resell the goods.

Specific alcoholic beverages (§ 312g (2) No. 5 BGB)

The right of withdrawal is also excluded in the case of contracts for the delivery of certain alcoholic beverages. This applies to spirits whose price was agreed when the contract was concluded but which can be delivered at the earliest 30 days after the conclusion of the contract and whose current value depends on fluctuations in the market, over which the trader has no influence. This is frequently the case with wine, for example, or for high-proof alcoholic drinks such as whisky.

Delivery services (§ 312g (2) No. 9 BGB)

Albeit less relevant for online trade in food, the right of withdrawal is also excluded for contracts for the provision of services in the areas of "delivery of food and beverages". This provision is aimed primarily at catering services.


Flat-rate compensation of value in case of opened food and obligation to inform about the non-existing right of withdrawal

Food retailers should be extremely cautious in their general terms and conditions of business when using flat-rate compensation of value for opened but not easily perishable food (such as food supplements). The Regional Court [Landgericht, LG] of Dortmund, for example, has ruled that it is inadmissible to burden consumers with the full obligation to pay compensation for opened food products and to only enable them to prove to the seller that no damage or only lesser damage occurred in the specific case. This would lead to a de facto devaluation of the right of withdrawal (LG Dortmund, judgement of 14 March 2007 - 10 O 14/07).

When designing the general terms and conditions or the online shop, one should also bear in mind that consumers must be informed if no right of withdrawal exists (Art. 246a § 1 (3) No. 1 Introductory Act to the German Civil Code [Einführungsgesetz zum Bürgerlichen Gesetzbuch, EGBGB]. An infringement of this provision can also trigger a warning on grounds of unfairness (BGH, judgement of 9 June 2011 - I ZR 17/10).