Whether for Christmas, after the holidays, or on other occasions: Did you order something on the Internet or been given it, but is so no pleasure in the article, one has the option of returning it. There is the legal right of revocation or return. Usually this is 14 days. But in 2014, some things have changed. What you have now consider?Source: Cardboard boxes isolated over white background
- 1 Withdrawal and return policy online: How the revocation in 2014
- 2 Write Withdrawal or with template
- 3 Exceptions and voluntary withdrawals and payment of costs
- 4 And who will pay the costs for a withdrawal?
Withdrawal and return policy online: How the revocation in 2014
The right of withdrawal is the right of a consumer, but to resign under certain conditions from an already closed, not fully vested in abeyance contract. The right of withdrawal is (BGB) in the Civil Code regulated.
As there was some uncertainty here: Consumer refers only to private buyers. As a company or a business customer has no fundamental right to cancel the order.
Remark: We use return policy and Withdrawal interchangeably in this article, although strictly speaking, only Withdrawal means (according to the Civil Code). The right of return was originally another legally regulated consumer law, which is no longer valid.
Warranty of 14 days is the legal right of return
In 2014 there was a change of withdrawal &# 8211; or better alignment with European law. This is because the EU Consumer Rights Directive, whose implementation is responsible in Germany that have been modified in 2014 some consumer protection rules, and thus the right of withdrawal (online).
While there are far-reaching changes, the right of return was abolished but of course not. The period of 14 days has remained the same.With our statement, it is in the future no longer a problem to exercise his right of withdrawal.
Literally it says under Paragraph 355 BGB in:
1) If a consumer is granted a right of withdrawal under this provision by law, the consumer and the business owners are no longer tied to their directed at the conclusion of the contract declarations of intent, if the consumer has revoked his declaration of intention in due time. The cancellation is effected by notice to the contractor. The statement of the decision of the consumer to cancel the contract must clearly. The revocation has no justification. To meet the deadline, the timely dispatch of the revocation.
(2) The withdrawal period is 14 days. It begins with the contract, unless otherwise determined.
(3) In the case of cancellation, the received services are to be returned immediately. The law determines a maximum period for the refund, they will start for the entrepreneur with the access and for the consumer with the delivery of the notice of withdrawal. A consumer safeguards that period by the timely dispatch of the goods. The employer bears the risk of returning the goods upon withdrawal.
Write Withdrawal or with template
Normally, the mail order company already put in a template for revocation, you only have to fill yet to send it back together with the to retounierenden article. In other cases, such as Amazon, you do not need such a cancellation notice, because you can apply for a revocation comfortable on the website.
Does the dealer such a pattern template, he is obliged to draw attention to this. the buyer must use them of course not.
This declaration has not been done in letter form. An e-mail is sufficient. And more recently, a phone call is even sufficient. Safe for the purposes of evidence in legal disputes, however, is certainly an email or a letter (if you want to be absolutely sure, because you do not trust the dealer, with registered mark).
Is there a pattern template from the dealer, he is required by law to draw attention to this.
And what is offline, if you have bought something in retail?
If you have purchased an item or gift in retail, the right of withdrawal, incidentally, does not apply. Most merchants show here, however, especially after Christmas, very accommodating to maintain a good reputation.
When in doubt, so just try it, maybe you are lucky. Or you ask for before buying whether there is a corresponding sign of goodwill. Defective product, the dealer must, of course, replace (but never return them for money).
Exceptions and voluntary withdrawals and payment of costsnot to buy online, but for example in a department store, you have basically no right of withdrawal.
By the way: If you do not know extra shipping enough of this right, you have a right of return of one year and fourteen days. Before the change in June 2014 had a permanent right of withdrawal in this case.
It is up to the seller to give a longer withdrawal periods. Many traders, such as Amazon, do so for some time already.
And who will pay the costs for a withdrawal?The right of withdrawal is regulated by the Civil Code (from § 355).
After changing fundamentally the buyer has to bear the cost of returning the goods. The 40-euro mark no longer exists.
But again: Many retailers show themselves generous and assume the costs itself. But: the dealer the more likely that you have to accept the return of even smaller. By the way, do not know the dealers sell on the cost of the withdrawal back, he must take on this.
A compensation for an article you have the way only made if the product has lost its value because you have used it over the function test also.
So we installed a CPU to check if it works, it builds then back off and send them back, you must not have value. Also open blister packaging is no reason for an impairment.
Hardly return options for software purchase
But: Do you have the package of an electronic data carrier opened, you can these usually not return, even if a few traders be accommodating here.
The same is generally true for purchased online and downloaded immediately and usable software or digital services. Here the exchange is excluded, unless the dealer is showing to be accommodating (which does not happen as a rule).
In Google's Play Store has, after all, a return period of 15 minutes and can try out at this time the app shortly before makes the final decision.
Here again into paragraphs-German:
The consumer bears the direct cost of returning the goods if the trader informs the consumer under Article 246a § 1 paragraph 2 sentence 1 number 2 of the Introductory Act to the Civil Code of this obligation. Sentence 1 shall not apply if the trader has agreed to bear that cost. In respect of off-premises contracts where the goods have been delivered at the time of concluding the contract to the consumer's home, the entrepreneur is obliged to collect the goods at its own cost if the goods are such that they can not be returned by post ,
(7) The consumer has to pay compensation for a loss in value of the goods made if
the depreciation is due to a deal with the goods, which was not necessary to examine the nature, characteristics and functioning of the goods, and
the entrepreneur shall inform the consumer under Article 246a § 1 paragraph 2 sentence 1 No. 1 of the Introductory Act to the Civil Code concerning his right.
Note: Although we have researched all information with the utmost care, we can not assume any liability for its accuracy.
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