Right of Withdrawal
As a consumer (any natural person entering into a legal transaction for a purpose attributed neither to a commercial nor a self-employed occupational activity) you can revoke your contract within 7 days without giving reasons in writing (e.g. letter, fax, e-mail) or by returning the goods. The period begins on the day when you receive the revocation in written form, but not before you or the ones provided by your delivery consignee have received the goods (in case of recurring deliveries of similar goods not before delivery of the first partial delivery) and not before the seller has fulfilled his information requirements as per § 312c Section 2 BGB in association with § 1 Sections 1, 2 and 4 BGB-InfoV as well as his obligations as per § 312e Section 1 Clause 1 BGB in association with § 3 BGB-InfoV. To preserve the revocation period it is sufficient to send the revocation or the goods. The revocation must be sent to the address which is named in the imprint.
Consequences of revocation
In the case of an effective revocation on both sides the benefits have to be granted back. There is no obligation to replace the usage of the goods or the value of the usage. If you can return the goods received in whole or in part only in a deteriorated condition, you possibly have to pay a compensation for the value. This does not apply with the release of goods if the deterioration of the goods exclusively can be lead back to their check – as it would have been possible in the retail store. In addition, you can avoid the obligation to pay compensation for a deterioration of the goods, which is caused by an intended putting into use, by not using the goods as your property and omitting everything that could reduce the value. Shippable items have to be sent back to the seller’s risk. You have to pay for the return if the delivered goods are equivalent to the ordered ones and the price of the things which you want to send back is less than 40 euros or if the price is higher than 40 euros and you did not render the consideration or an on agreement agreed part payment at the time of revocation. Otherwise, the return is free of charge. Non-transportable goods will be picked up at your place. Obligations reimburse payments must be made within 30 days. The time limit begins for you when you send the revocation or the goods and for the seller when he has received the goods. The refund applies only step by step for handing back the goods to the seller.
Exclusion of the right of withdrawal
The right of withdrawal does not take place for goods which are produced according to the customer’s specifications or clearly tailored to the customer’s personal needs, which are not suitable for return due to their condition, which quickly decay or whose expiration date would pass, for the delivery of audio and video recordings or software – if they have been unsealed by the customer – as well as the delivery for newspapers, magazines and tabloids, except that the consumer has given his contractual statement per phone. In the provision of services the right of withdrawal prematurely expires if the contract is fulfilled by both parties at your explicit request before you have taken use of your right of withdrawal. This may mean that you have to meet the contractual payment obligations for the period up to the revocation.End of the revocation