Right of Withdrawal / Return according to §§ 312b BGB ff., BGB-InfoV

 

If the customer is a consumer, that is, he buys the goods for a purpose that can not be attributed to his commercial or independent professional activity, he has within two weeks after receipt of the goods, the possibility to revoke the contract without justification, if the Contract was concluded by letter, telephone, fax, internet or e-mail or was not personally present at the completion. The revocation can be made in writing or by returning the goods.

The revocation must be sent to the company specified in the contract, or:

U-Reach Gmbh * Kettenstraße 4 * 69190 Walldorf

Tel +49 (0) 6222 9388-23 Fax 9388-50

Internet: www.ureach.eu

Mail: shop@u-reach.eu

 

We will reimburse the customer for the purchase price he may have already paid within 30 days of receipt of the revocation declaration, provided that the delivered goods are returned undamaged and in a salable condition.

If the customer has not expressly referred to the order that he is not a commercial user and thus customer / consumer, that means he uses the ordered goods neither commercially nor professionally, he is a commercial user.

The orderer has to bear the costs of the return, if the delivered commodity equals to the orderedand if the price of the object to be returned does not exceed an amount of 40 euros or if the buyer with a higher price of the object at the time of the revocation does not have the consideration or a contractually agreed partial payment. Otherwise, the return for the customer is free. All returns must be accompanied by a copy of the delivery note. Only enough prepaid returns will be accepted. Non-return shipments are generally not accepted. We only reimburse the costs of the most favorable return form according to the tariffs of Deutsche Post AG. Restriction on the right of withdrawal or right of return. Transportable items are to be sent back. Objects not consignable by parcel post are collected by the purchaser.)

According to § 312 d BGB, this does not apply to distance contracts "for the delivery of goods that are manufactured according to customerspecifications or are clearly tailored to personal needs or that are not suitable for a return due to their nature."

According to § 312 d BGB, the right of revocation also does not apply to distance contracts »For the delivery of software, provided that the delivered data carriers have been unsealed by the consumer« For these reasons, we do not accept the withdrawal of software or license number transmitted by download, fax or e-mail, nor the return of opened software!

Limitations

The amendments to the Distance Selling Act added the following definition in the Civil Code: 

"§ 13 Consumers: Consumers is any natural person who concludes a legal transaction for a purpose that can be attributed neither their commercial nor their independent professional activity."

[Source: www.fernabsatzgesetz.de, there "Law changes outside the FernAbsG (Articles 2 and 3), in particular additions to the Civil Code"]

Now, the Distance Selling Act applies only to "distance contracts, ie under § 1 FernAG for contracts for supplies of goods or services, which are concluded between an entrepreneur and a consumer."

[Source: www.fernabsatzgesetz.de, there "Note to § 1 FernAbsG - Scope"].

We therefore point out that contracts with non-consumers, in particular with companies and all those who have ordered the goods for commercial purposes, are normally not covered by the Distance Selling Act and may therefore be subject to different legal provisions (shorter warranty periods and no revocation / return right).