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Notice of revocation rights
Revocation rights
You can revoke your contractual statement within 14 days without indicating reasons in text form (e.g. letter, fax, e-mail) [or - if the item is delivered to you before expiry of the time limit - also by returning the item ].
The deadline takes effect on receipt of this notice in text form:
a) In the case of contracts to be concluded in writing: ", but not before a contractual document, or your written request, or a duplicate of either of these has also been made available to you";
b) In the case of distance sales contracts (§ 312b Section 1 Clause 1 of the German Civil Code (BGB)) concerning:
aa) Delivery of goods: ", but not before receipt of the goods by the recipient (not before receipt of the first partial delivery in the case of recurrent supply of similar goods), nor before fulfilment of our information obligations as per Article 246 § 2 in conjunction with § 1 Sections 1 and 2 EGBGB";
ccc) In the case of single payment contracts: ", but not before contract conclusion, nor before fulfilment of our information obligations as per Article 246 § 2 in conjunction with § 1 Section 1 Numbers 8 to 12, Section 2 Numbers 2, 4 and 8 as well as Article 248 § 13, Sec. 1 EGBGB";
c) In the case of contracts forming part of e-commerce (§ 312g Section 1 Clause 1 BGB) and distance sales contracts (§ 312b Section 1 Clause 1 of the German Civil Code (BGB)) concerning: ", but not before fulfilment of our obligations as per § 312g Section 1 Clause 1 BGB in conjunction with Article 246 § 3 EGBGB";
d) In the case of contracts forming part of e-commerce (§ 312g Section 1 Clause 1 BGB): "; but not before receipt of the goods by the recipient [not before receipt of the first partial delivery in the case of recurrent supply of similar goods], nor before fulfilment of our information obligations as per Article 246 § 2 in conjunction with § 1 Sections 1 and 2 EGBGB, as well as our obligations as per § 312g Section 1 Clause 1 BGB in conjunction with Article 246 § 3 EGBGB")
Timely dispatch of revocation [or the item] is sufficient to observe the revocation deadline. Revocations are to be submitted to:
Bianca Demsa,
Grace & Holmes,
Gartenstraße 1
21680 Hamburg
Germany
Email: bd@graceandholmes.com
www.graceandholmes.com
In the event of a valid revocation, the performance delivered by either party is to be returned and the proceeds of any utilization (e.g. interest) submitted.
If you cannot submit / return the received performance and benefits (e.g. utilization benefits) to us, or submit / return them only partially or in a deteriorated condition, you need to compensate us to the required extent. "This may oblige you to nonetheless fulfil the contractual payment obligations for the period up to revocation."
You must pay compensation for degraded items only insofar as the deterioration is due to handling of the items beyond testing of properties and functionality.
"You must pay compensation for degraded items and derived benefits only insofar as the benefits or deteriorations are due to handling of the items beyond testing of properties and functionality." "Testing of properties and functionality" is to be understood as testing and evaluation of the respective goods as is possible and common in retail shops, for instance.
"You must pay compensation for derived benefits only insofar as you have used the goods in a manner that goes beyond testing of properties and functionality. "Testing of properties and functionality" is to be understood as testing and evaluation of the respective goods as is possible and common in retail shops, for instance.
"You need not pay any compensation for deterioration caused by usage of the item for the intended purposes." Items which can be dispatched in packages are to be returned at your expense and risk. "You have to bear the regular costs of return if the delivered goods correspond to the order. Items which cannot be dispatched in packages will be fetched from your premises.] (2) Payment obligations must be fulfilled within 30 days. The time limit becomes effective on dispatch of your revocation notice [or the item] (2) for you, and on its receipt for us.
Special notes
"Your revocation right expires prematurely if the contract has been completely fulfilled by both parties at your explicit request before you exercise your revocation right."
Your Grace & Holmes
Annex 1 to Article 246 § 2 Section 3 Clause 1 of the Introductory Act to the German Civil Code (EGBGB)
Quelle: Widerrufsbelehrung Muster auf Englisch