9 - Right of revocation in consumer contracts
Production of ordered and confirmed goods will only start once payment has been received.
§312d German Civil Code
Unless otherwise specified, the right of revocation does not exist for distance contracts for the supply of goods produced according to customer specifications or clearly tailored to personal needs.
§ 355 BGB
(German Civil Code) Revocation in Consumer Contracts
(1) If a consumer is given, by statute of §355 German Civil Code, a right of revocation under this provision, then he is no longer obliged by his declaration of intention to enter into the contract if he revoked it in a timely manner. The revocation does not have to contain any reasons and must reach the Seller in writing or by return of goods within the prescribed revocation period (cooling off period).
The revocation period is 14 (fourteen) days if the consumer has been notified in text form of his rights of cancellation in accordance with § 360 sec 1 German Civil Code at the very latest at conclusion of contract.
The case of distance contracts where immediately after conclusion of contract, the instructions of revocation has been made available in text form, is equivalent to a conclusion of contract where Seller has informed Customer according to Sect 246 § 1 subsection (1) sentence 10 Introductory Act to the German Civil Code.
If the instruction of revocation to the Customer according to subsection (1) or sebsection (2) has been made available after the relevant time frame the revocation shall be one month. This also applies, if the Seller, according to Sect 246 § 2 subsection (1) sentence 2 of the Introductory Act to the Geman Civil Code, can inform the Consumer at a later time than the date set.
(2) The period of time begins at the point of time when the consumer has been informed in text form by a clearly drafted instruction on his right of revocation which makes his rights clear to him, satisfying the requirements of the means of communication employed; this must also state the name and address of the person to whom revocation is to be declared and contain information on the beginning of the period of time and the rule in subsection (1) sentence 2 above. If the instruction is given after the contract is entered into, the period of time, notwithstanding subsection (1) sentence 2, is one month.
If the contract is to be entered into in written form, the period of time does not commence before a contract document, the consumer’s written application or a copy of the contract document or of the application has been supplied to the consumer. If the beginning of the period of time is in dispute, the burden of proof is on the Seller.
(3) The right of revocation is extinguished at the latest six months after the contract is entered into. Where goods are supplied, the period of time does not commence prior to the date of receipt by the receiver. Notwithstanding sentence 1, the right of revocation is not extinguished if the consumer has not been properly instructed on his right of revocation, in the case of distance contracts for financial services in addition not if the entrepreneur has not properly complied with his duties to notify under section 312c (2) no. 1.
The revocation is be sent to:
Cape Robin Embroidery
Owner: Angela Gastrow
Section 357 German Civil Code
LEGAL CONSEQUENCES OF REVOCATION AND RETURN
(1) Unless otherwise specified, the provisions on statutory revocation apply to the right of revocation and the right of return with the necessary modifications. Section 286 (3) applies with the necessary modifications to the duty to reimburse payments under this provision; the period specified there begins when the consumer makes a declaration of revocation or return. In this connection, the period with regard to a duty of reimbursement of the consumer begins when this declaration is made; the period with regard to a duty of reimbursement of the entrepreneur begins when it is received.
(2) When he exercises the right of revocation, the consumer is obliged to make return shipment of the thing, if it can be sent by parcel. Costs and risk of return shipment are borne by the entrepreneur in cases of revocation and return. If there is a right of revocation under section 312d (1) sentence 1, the regular costs of return shipment may be imposed by contract on the consumer if the price of the thing to be sent back does not exceed an amount of 40 (forty) Euros or if, where the price is higher, the consumer has at the date of the revocation not yet rendered consideration or given a part payment, unless the goods supplied do not correspond to those ordered.
(3) The consumer, notwithstanding section 346 (2) sentence 1 no. 3, must pay compensation for value for any deterioration caused by putting the thing to its intended use, if, at the latest when the contract was entered into, his attention was drawn in text form to this legal consequence and to a possibility of avoiding it. This does not apply if the deterioration is exclusively due to examining the thing. Section 346 (3) sentence 1 no. 3 does not apply if the consumer has been properly instructed on his right of revocation or he has obtained knowledge of it in another way.
(4) There are no more extensive claims.
-- END OF REVOCATION INSTRUCTIONS --