Liability note: The following model for the revocation policy has been compiled by a lawyer (http://rechtsanwalt-schwenke.de). It meets the legal requirements of a typical online shop, addressed to consumers. However, you should use the model only after careful revision and adaptation to your specific business model. In certain constellations clauses can be illegal. If in doubt, take legal advice.
Instruction on the Revocation Policy of Customers
A consumer is any natural person who concludes a legal transaction for purposes that cannot primarily be attributed to his commercial or independent professional activities.
Right of Revocation
You have the right to revoke this contract within fourteen days without specifying any reasons. The revocation period is fourteen days from the day the contract is concluded. To exercise your right of revocation, you to notify us ([Insert: Name/Company, address of the revocation recipient, telephone number, email-address and, if existent fax number. You can also use the short-code AVR Handelsgesellschaft mbH
Große Str. 10
49201 Dissen and enter the address in settings DE]) about your decision to revoke this contract by means of a clear declaration (for example a letter send by post, fax or an email). You can use the enclosed sample revocation form, however, it is not obligatory.
Dispatching the notification about the exercise of the revocation right before the expiry of the revocation period suffices to comply with the revocation period.
Consequences of Revocation
If you revoke this contract, we will refund all payments that we received from you, including delivery costs (with the exception of additional costs, that result from your choice of delivery other than the cheapest standard delivery option we offer) immediately and at the latest fourteen days from the day we received your notification of your revocation of this contract. For the refund we will use the same payment method which you originally used for this transaction unless we expressly agreed otherwise with you. You will not be charged any fees for this refund in any case.
We can refuse the refund until the goods are returned to us or until you have provided evidence, that you have returned the goods to us, depending on whichever is earlier. You have to return or transfer the goods instantly and, in any case at the latest within 14 days with effect from the day, on which you inform us of the revocation of this contract. The revocation deadline is maintained if you return the goods before the expiry of the 14-days deadline.
You bear all immediate costs for returning the goods. You must pay for any depreciation of the products only if this depreciation can be attributed to any handling of you that was not necessary for checking the condition, features and functionality of the products.
Sample Revocation Form
(If you want to revoke this contract please fill in this form and send it back to us)
– To [Insert: Name/Company, address of the revocation recipient, telephone number, email-address and, if existent fax number.]
– Herewith I/we (*) revoke the contract concluded by me/us (*) regarding the purchase of the following product(s)/ the provision of the following service(s)
– Ordered on (*)/received on (*)
– Name of consumer(s)
– Address of consumer(s)
– Signature of consumer(s) (only for notification on paper)
(*) Cross out/delete inapplicable option
Exception or Expiry of the Revocation Right
The revocation right is not available for contracts
for delivery of products, which are not prefabricated and for whose manufacturing an individual selection or assignment by the consumer is necessary or which are clearly produced according to personal requirements of the consumer;
for delivery of products, which can spoil quickly or whose use-by date would be exceeded quickly;
for delivery of alcoholic drinks, whose price was agreed at the time of concluding the contract, which however can be delivered 30 days after the conclusion of the contract at the earliest and whose current value depends on the fluctuations in the market, on which the entrepreneur has no influence;
for delivery of newspapers, periodicals or magazines with the exception of subscription contracts.
The revocation right expires prematurely in case of contracts
for delivery of sealed products, which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after the delivery;
for delivery of products if they have been mixed inseparably with other goods after the delivery, owing to their condition;
for delivery of sound or video recording or computer software in a sealed package if the seal has been removed after the delivery.
The terms in the paragraph “Returning Goods” are not requirements for an effective use of the revocation right as described in the paragraph “Instruction on the Revocation Policy for Customers”.
Customers are asked to notify the retailer before returning the goods [Add: telephone number and/or email address and/or contact form], to announce the return of goods. Hereby you allow the retailer a fast assignment of the goods.
Customers are asked to return the goods to the retailer in a franked package and keep the receipt save. The retailer is refunding any postal charges in advance if the customer wishes that, except when customers have to pay for the return themselves.
Customers are asked to avoid damage and defilement of the goods. The goods should be returned to the retailer preferably in the original packaging with all accessories and packaging components. If the original packaging is not available to the customer anymore, he should use another adequate packaging to protect the goods from transport damage sufficiently to avoid damage claim because of damage due to wrong packaging.