Right of revocation
Right of revocation
Right of revocation for private consumers in the sense § 13 BGB and/or § 3 AGB private consumer in the sense § 13 BGB and/or § 3 of the AGB have in principle a legal right of revocation with extended consumer protection guidelines.
1. Right of revocation for private consumers:
In accordance with § 355 BGB a private consumer has right of revocation with consumer contracts. By law a right of revocation is granted to each private consumer (in accordance with § 13 BGB) according to this regulation, then it is no longer bound to its declaration of intention directed toward the conclusion of the contract, if it recalled it within the prescribed period.
(1) the revocation does not have reason to contain and is in text form or by return of the thing within two weeks - when written proclamation right of revocation with conclusion of a contract by the entrepreneur/salesman - at the latest however after four weeks - on proclamation right of revocation after conclusion of a contract by the entrepreneur/salesman - opposite the entrepreneur/salesman to be explained; for period keeping the punctual sending off is sufficient.
(2) the period begins with the time, at which the private consumer a clearly arranged instruction over its right of revocation, which makes according to the requirements of assigned means of communication its rights clear for him, in text form communicated is, also the names and address of that, opposite which the revocation is to be explained, and a reference to the commencement of a term and the regulation of the paragraph 1 sentence 2 contains.
If the instruction is communicated after contract conclusion, the period amounts to deviating from paragraph 1 sentence 2 one month. If the contract is to be locked in writing, then the period begins to run not, before the private consumer also a contract, to which written request of the private consumer or a copy of the contract or the request is put at the disposal. If the commencement of a term is contentious, then the burden of proof meets the entrepreneur/salesman.
3) the right of revocation expires at the latest six months after contract conclusion. In the case of the supply of goods the period does not begin the day ago of its entrance with the receiver. Deviating from sentence 1 the right of revocation does not expire, if the private consumer were not instructed duly about his right of revocation.
The revocation is to arrange on:
Kay Link - smile store
Weilbrock 19a - D-46240 Bottrop
fax +49 (0) 20 41/317 8 269
(see also §1 AGB information provider identification)
2. revocation sequences: § 357 legal consequences of the revocation and the return Find
(1) on the revocation and the return right, as far as another is not certain, the regulations over the legal resignation corresponding application. In BGB § the 286 exp. 3 determined period begins with the revocation or return explanation of the private consumer.
(2) the private consumer is obligated on practice of the right of revocation to the return, if the thing can be dispatched by package.
Cost and danger of the return bears with revocation and return of the entrepreneurs/salesmen. If a right of revocation exists, with an order up to an amount by 40 euros the regular costs of the return may be contractually imposed upon to the private consumer, unless the supplied commodity does not correspond to the ordered or if the private consumer did not furnish the return or a contractually agreed upon partial payment with a higher price of the thing at the time of the revocation yet. Otherwise the return for the private consumer is free.
(3) the private consumer has deviating from BGB § 346 exp. out 2 sentence 1 No. 3 indemnification according to value for a degradation resulted from the intended putting into use of the thing to carry, if him at the latest with contract conclusion in text form to this legal consequence and a possibility referred to avoid she.
This is not valid, if the degradation is to due exclusive to the examination of the thing. In all other respects the private consumer can avoid the indemnification according to value obligation, by taking the thing not like be property used and omitting everything, which impairs their value.
(4) BGB § 346 exp. 3 sentence 1 No. 3 does not apply, if the private consumer were duly instructed about his right of revocation or of it otherwise knowledge attained. As far as of the sales contract to consist the private consumer must fulfill obligations for the reimbursement of payments these within 30 days after sending off of a Widerrufserklärung.
(5) large requirements do not exist.
(6) from the return right excluded are goods: - Are from costumerspecifikation made and/or clearly to the personal needs cut and/or due to their condition for a return are not suitable and/or fast to spoil can and/or their expiration date one exceeded; - Audio and/or video recordings and/or software, if the supplied data media were unsealed by you; - Newspapers, magazines and/or pictorial; - Only at the time of the purchase customs or usable goods or call circuits.
- End of the revocation instruction for private consumers -
smilestore - Kay Link
Girardetstrasse 64 - D-45131 Essen
fax +49 (0)201 458 631 52
Bank account for moneytransfer before
Postbank Nürnberg - bank code 760 100 85 - account number.: 755 305 859
Foreign data: Postbank Nürnberg -
IBAN: DE50 7601 0085 0755 3058 59 - BIC: PBNKDEFF