§ 1 Cancellation, Revocation
The customer may cancel the contract within 14 days without written statement of reason (e.g. letter, fax, email), or – if the customer received the goods before the deadline – by returning the goods. The deadline begins with the receipt of these instructions in text form, but not before the goods have been delivered to the customer (in case of multiple deliveries of similar goods not before the first partial delivery) and not before fulfilling the information requirements of GBV under Article 246 § 2 in connection with § 1 section 1 and 2 EGBGB. Sending the revocation on time is sufficient to ensure keeping the cancellation deadline. The revocation must be sent to:
GBV Dillenburg GmbH
Eiershäuser Straße 54
Phone: 02774 8005-0
The right of cancellation does not apply to distance selling contracts of audio or video recordings or software if the seal of the delivered data storage device has been broken, and not to distance selling contracts for the delivery of magazines. Furthermore the right of cancellation does not apply for downloads of files, ebooks, or software, as these are not suitable for returning due to their form (312 section 4 No 1 BGB).
§ 4 Consequences of Cancellation
In case of an effective cancellation any goods or services of both sides are to be restored and any derived benefits (e.g. interest) surrendered. If the customer is unable to restore the received goods or services in whole or in part or only in deteriorated condition, he is obligated to replace the value to GBV. When surrendering goods, this does not apply if the deterioration of the goods is solely due to their inspection – as perhaps would have been possible for the customer in a store. Besides that the customer can avoid the obligation to compensate for loss in value by following the rules of proper use of the item and by not using the item as own property and refraining from all actions that may reduce its value.
Packageable shipments can be returned at our risk. The customer must bear the regular costs of returning the goods if the delivered goods comply with the ordered goods.
Obligations to the refund of payments must be fulfilled within 30 days. The deadline begins for the customer with the dispatch of the revocation or goods, and for GBV with their receipt.
December 23, 2015