Yes, we all know why: We are now, because we in the business would be too embarrassing to the internet a sex toy - say, the rubber doll Shania. A week later we get a neutral wrapped package. We open it with anticipation. And then ... oh no! A double dildo! Bad surprise. We do not want. We also have dance music while a nice partner to know and no longer interested in the stupid Shania. So what can we do? It's simple: We canceled the deal. Here's how:
Withdrawal
First, we would have a right of revocation is entitled. This is only the case for some transactions. The main business is the so-called doorstep (§ 312 Civil Code ). Such occurs when a consumer enters into a doorstep a contract for pecuniary interest. For example, a vacuum cleaner salesman to ring with you, you can surprise yourself and buy a device. And because the lawyers are good people, they turn § 312 Civil Code on even if a load can be addressed in the workplace, coffee or trips in the station area.
Another important case in which the consumer is entitled a right of withdrawal of the so-called distance contract (§ 312b of the Civil Code ). Below is a contract for the supply of goods or the provision of services to understand that under exclusive use of remote communication means (ie telephone, Internet, etc.) has been completed.
Next to it is the consumer even in consumer loan contracts ( § 491 Civil Code ), part-time-share agreements ( § 481 Civil Code ), financial aid transactions ( § 506 Civil Code ) and installment purchase contracts, such as a magazine subscription, a revocable right to (Civil Code § 510 ).
is important that in all these cases, a contract between a consumer (§ 13 Civil Code) and an entrepreneur (§ must come about 14 Civil Code).
form of withdrawal
The withdrawal can be made by mail, by letter, fax, e-mail, Computerfax or by simply returning the matter to the contractor.
contents of the revocation
content needs to contain the withdrawal is not a justification. A short two-liner will do. This might look like this:
The word "withdrawal" does not explicitly in the letter be contained to the contractor. However, this is recommended in order to avoid misunderstandings.
withdrawal period
The cancellation period is 14 days. It amounts to one month if the consumer was informed only after the conclusion of his withdrawal. It begins at the doorstep the day after signing a contract or in distance contracts with the date of receipt of goods. So when the contract closed on 01.08.2010 and the goods will be delivered on 01.08.2010, then the period begins on 08/02/2010 at 0.00 clock and end on 08.15.2010 at 24.00 Clock. To comply with the deadline. As proof of date of dispatch and to ensure access should be sent by the throw-registered.
Consequences
Consumers can return the goods at the expense of the contractor, when packet transmission is not possible. Otherwise, it is sufficient to keep the goods ready for collection. However, the consumer in the terms and conditions, the cost of return will be imposed if the price of the returned goods a sum of not exceeding 40 euros or if the consumer is still not at a higher amount of the consideration, that is usually the purchase price, provided added.
Unfortunately consumers also pay compensation for the use to afford the goods if he considered not only, but used and has been advised of the obligation to pay compensation when the contract is concluded.
So, Shania try not only directly but sent back!
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