Right of Revocation

Provided that a customer is consumer according to § 13 of the Bürgerliches Gesetzbuch (German Civil Code – BGB) he shall have a right of withdrawal in accordance with the relevant statutory provisions and the sections below. No such right of withdrawal exists if the customer is an entrepreneur, a legal person under public law or a special fund under public law pursuant to § 310 (1) of the Bürgerliches Gesetzbuch (German Civil Code – BGB) that in concluding a legal transaction with the Supplier is acting in the execution of its commercial or independent business activity.

Right of Withdrawal

You have the right to cancel your declaration of contract without stating a reason within fourteen (14) days in written form (e.g. letter, e-mail) or – if you received the goods before expiry of the term – by returning the goods. The stated period of time starts on receipt of this information in written form, however not before receipt of the goods by the consignee (for recurring consignments of similar goods not before receipt of the first part-delivery), and also not before performance of our obligation of information according to § 246 (2) in association with (1) 1. and 2. of the Einführungsgestzbuch zum Bürgerlichen Gesetzbuch (Introductory Law to the Civil Code - EGBGB) as well as our obligations according to § 312g (1) 1. of the Bürgerliches Gesetzbuch (German Civil Code – BGB) in conjunction with § 246 (3) EGBGB. To comply with the stated period of time it is sufficient to dispatch the cancellation or the goods in time.

The cancellation has to be sent to:

Marko Luther und Paul Holleis GbR
Blumenstr. 19
85586 Poing, Germany

The right of withdrawal does not apply to contracts for the delivery of goods which are either custom-made according to your specifications or that are clearly custom-tailored to meet your personal demands or which are, due to their properties, not fit for reshipment.

Consequences of Cancellation

In the event of an effective cancellation the mutually provided goods and services shall be returned and, if applicable, any benefits enjoyed (e.g. interest) surrendered. In case you cannot return or surrender the received goods and services as well as benefits enjoyed (e.g. benefits from usage) in total or in part or only in deteriorated condition, you have to, if applicable, provide compensation insofar. For the deterioration of the goods or for benefits enjoyed this only applies insofar as the use or the deterioration of the goods is due to a handling of the goods which exceeds the testing of the properties and the functionality. “Testing of the properties and functionality” means examining and trying out the goods as it is possible and usual to do for instance in a retail shop. Goods that can be dispatched as parcels have to be returned at our risk. You have to bear the ordinary costs of return if the goods received are in conformity with those ordered, and if the price of the goods returned does not exceed an amount of 40 Euros, or if in the case of a higher price of the goods you have not yet performed the service in return or any partial payment as agreed upon by contract at the point in time of revocation. In any other case the return of the goods is exempt from charges. Goods that cannot be returned as parcels will be collected from your address. Obligations for refunding of payments must be fulfilled within 30 days. The stated period of time starts for you with the dispatch of your declaration of cancellation or of the good, for us with their receipt.

Agreement on the costs for the return of goods

Should you choose to exercise your right of withdrawal, you have to bear the ordinary costs of return if the goods received are in conformity with those ordered, and if the price of the goods returned does not exceed an amount of 40 Euros, or if in the case of a higher price of the goods you have not yet performed the service in return or any partial payment as agreed upon by contract at the point in time of revocation. In any other case the return of the goods is exempt from charges.

Special notes

This right of revocation only applies to consumers.