Information about the right of revocation


Rights of revocation

 

You may revoke your contractual declaration within two weeks without indicating any grounds in text form (e.g. by letter, fax or e-mail) or, where the customer has received goods before this period has lapsed, by returning said goods.

The deadline shall commence following receipt of this notification in text form, but not before the goods have reached the recipient (in the case of recurrent deliveries of similar goods not before the date of the receipt of the first partial delivery), nor before we have fulfilled our obligations to provide information as defined in Article 246 § 2 in conjunction with § 1 (1) and (2) of the Introductory Statue to the Civil Code (EGBGB) as well as our obligations pursuant to § 312 g paragraph 1 sentence 1 of the Civil Code (BGB) in connection with article 246 § 3 of the Introductory Statue to the Civil Code (EGBGB). To comply with the time limit, it is sufficient that the cancellation or the return of goods be sent timely.

The letter of cancellation or the return of goods is to be addressed to:

Gerdes Aktiengesellschaft
Bergerwiesenstr. 9
53340 Meckenheim

Consequences of cancellation:

 

In the event of an effective cancellation the services received by both parties are to be returned and any benefits which were drawn from the services (e.g. interest) are to be handed over. If you are unable to return the received benefits in their entirety or partially or only in worse or diminished condition, you may have to reimburse us for the value of the benefit. This may result in you nevertheless having to satisfy the contractual payment obligations for the period up until revocation. This only applies if the deterioration of the merchandise is due to an utilisation that exceeds the test of the characteristics and functional reliability of the goods.

Goods consignable by parcel shipment may be returned at our risk. Therefor you have to request a RMA number from us in advance. Only those returns of goods will be deemed to have been properly received that have included a RMA number and a copy of the invoice. Reshipment otherwise is much more difficult to handle for Gerdes AG.

You are responsible for covering the regular cost of return postage if the goods delivered are as ordered and if the price of the goods to be returned is less than 40 Euro, or in case of a higher price you have not provided consideration or a partial payment agreed under the terms of the contract. Otherwise, you shall not be required to pay for the return delivery. Obligations to reimburse payments must be discharged within 30 days. The time limit begins for you with the dispatch of the revocation or the return of goods and for us with their receipt.

Exclusion of revocation

 

The right of revocation does not apply:
  • to contracts for the delivery of goods, which are manufactured to customer specifications or have clearly been tailored for personal needs, as for example OEM products, special versions, development work, license products, or which by their nature are not suitable for return shipment,
  • to the delivery of ordered audio or video recordings or software, in cases where the delivered data carriers have been unsealed by the customer, as well as
  • to services that have been delivered electronically, such as downloaded software, transmitted tariff information or firmware for remotely serviced devices.


END OF THE INFORMATION ABOUT THE RIGHTS OF REVOCATION