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Right of Withdrawal for Consumers
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pursuant to §§ 355 Paragraphs. 2, 312 of the German Civil Code (BGB) (Distance Contracts) |
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Provided that you act as a consumer, you may cancel your contractual agreement within two weeks, without having to state the reasons therefore, by writing (e.g. letter, fax or e-mail) or by returning the goods. The two week time limit begins with receipt of the goods and this notification, which will be sent to you in writing separately. Timely sending of the reasons for return or sending of the goods themselves suffices to meet the cancellation time limit.
The cancellation is to be directed to:
Sebastian Bader
Body & Paint
Postal address:
Akazienweg 3
15299 Müllrose OT Dubrow
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Consequences of Cancellation |
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In the event of an effective cancellation, both sides must reimburse any payments or goods/services received and, if applicable, performance received and emoluments taken are to be returned. If you cannot completely, in part or only in bad condition return the goods/services, you must pay compensation for the value of said goods/services. This does not apply to the relinquishment of goods if the deterioration of said goods, upon inspection, can be exclusively traced to their possible original condition in the retail store. In other cases, you may avoid the requirement to remit compensation by not using the goods as your own property and by avoiding any that might reduce the value of the goods.
You must cover the cost of the return if the delivered goods correspond to what was ordered, the cost of the item(s) being returned does not exceed EUR 40.00 or when you have not yet, at the time of the return, paid more than EUR 40.00 in compensation or as part of any contractually agreed upon partial payment terms. Otherwise, you must not cover the cost of the return. Items that cannot be shipped in a package will be picked up at your location. You must fulfill any obligations for refunding of payments within thirty days of sending your notice of cancellation.
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Exceptions
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The right of cancellation does not apply to contracts for:
- the delivery of goods manufactured to specifications of the customer or clearly cut per personal requests that are not, due to the nature of their configuration, able to be returned, goods that can be easily damaged or goods that have exceeded their expiration date;
- the delivery of audio or video recordings or of software, if the delivered mediums have been opened by the consumer.
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Definition of Consumer and Entrepreneuer |
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Customers are naturally persons, with whom a business relationship will be entered into, and to whom no commercially or freelance occupational activity can be applied ((§ 13 German Civil Code [BGB]).
Entrepreneurs are natural or legal persons or private companies having legal capacity, who act in a corporate capacity or in a capacity as self-employed professionals and enter into an appropriate business relationship (§ 14 German Civil Code [BGB]). Entrepreneurs can also enjoy certain rights benefitting the consumer. That is the case as long as entrepreneurs act outside of their capacity as a commercial corporation or as self-employed professionals.
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