Right of Revocation
You may revoke your contractual declaration in writing (letter, email, fax) within 14 days without explanation or by returning the goods providing they have been left with you before the deadline. The revocation period begins upona receipt of this instruction in written form but not before the arrival of the goods at the customer’s address. In the case of recurring deliveries of similar goods, the period will not start before the receipt of the first consignment.
Furthermore, the 14-day-period shall not begin before the fulfilment of our duties to provide information as defined in Article 246 § 2 in conjunction with § 1 (1) and (2) EGBGB (Introductory Act to the Civil Code) as well as our duties in accordance with § 312g (1) sentence 1 of the BGB (Civil Code) in conjunction with Article 246 § 3 EGBGB. The timely dispatch of the revocation or the goods shall be deemed sufficient for compliance with the revocation term.
The revocation is to be send:
Avantgarde Sales & Marketing Support GmbH
Ostra-Allee 11, 01067 Dresden, Fax: +49 (0) 351 320 736 11
Consequences of Revocation
In the case of an effective revocation, the services received by both parties must be returned along with any benefits (e.g. interest) which may have been the result of them. If you fail to return the received services, including potential benefits (e.g. benefit of use) or if you return them only partially and/or in a deteriorated condition, you must provide us with adequate compensation. Reimbursement is only required as far as the deterioration can be attributed to the handling of the goods, which is beyond the inspection of properties and functionality. This also applies for any profits gained by using the commodity in a manner that is beyond the inspection of properties and functionality. “Inspection of properties and functionality” is defined as the testing and examining of the respective goods as is customary and possible in a retail shop.
Goods consignable by parcel are to be returned at our risk.
You are responsible for covering the regular costs of the return shipment, if the delivered goods correspond to those that have been ordered and if the purchase price does not exceed 40,00 EUR or if, in case of more expensive goods, you have failed to provide the return service or to make a contractually agreed upon partial payment at the point of revocation. In all other cases, the return is free of charge.
Goods which are not shippable will be collected from you. Obligations to reimburse payments must be met within 30 days. For you, the revocation term begins with the dispatch of your declaration of revocation or the respective goods. For Avantgarde, it begins upon their arrival.
End of revocation instruction
Exclusion of Revocation
The right of revocation does not apply to distance sales contracts concerning
- the delivery of merchandise which is produced according to customer’s specifications or clearly tailored to personal requirements,
- the delivery of goods unsuitable for return due to their properties or such goods which quickly deteriorate or whose expiry date has already been exceeded,
- the delivery of audio or video recordings or of software provided where the consumer has unsealed the delivered storage devices, or
- the delivery of newspapers, journals and magazines.