Legal right of withdrawal
§ 4 Legal right of revocation
(1) Legal right of revocation
In the event of the customer being classified as a consumer (§13 BGB), the customer has the right to revoke the contract within fourteen days without any detailing on reasons under the prerequisites of §§ 355 ff. BGB. The revocation period is fourteen days, commencing the day the customer or a third party authorized by the customer other than the performing carrier is taking possession of the last delivered goods.
In order to exercise its right of revocation the customer has to make an explicit announcement to;
Warwick GmbH & Co Music Equipment KG
Tel. 49 (0) 37422 555 0
Fax. 49 (0) 37422 555 99
The explicit announcement (which can be transmitted (for instance) by post with a letter, via telefax or e.mail) has to contain an explicit statement of the customers decision to revoke the contract. To do so the customer may use the model form attached.
In order to keep the term of the revocation period it suffices that the customer dispatches its announcement of revocation before the expiration of the time period.
(2) Consequences of the revocation of the contract
In the event of a customer’s revocation of the contract, we are obliged to reimburse all the payments the customer has made so far, including delivery costs (with the exception of additional costs arising due to the customer’s choice of a delivery method diverging from the offered, standardized and most cost efficient delivery method), within fourteen days commencing the day upon receiving the customers announcement of revocation. For the reimbursement, the transaction method used by the customer in its original transaction will be used, if the parties have not explicitly agreed otherwise. On no account, the customer will be faced with repayment charges. We may refuse the refund until the purchased item has returned or until the customer provides evidence that the purchased item is in return shipment, depending on which of the two is the earlier point in time.
The customer is obliged to return the purchased item promptly and in any event no later than fourteen days after the announcement of revocation. The deadline is met when the customer sends off the return shipment within the fourteen day time period. The customer bears the cost of returning the goods in accordance with the statutory provision of § 357 (6) BGB.
To protect the environment and reduce CO2 emissions, all customers are asked to check their order carefully before sending it off, in order to minimise unnecessary shipping volumes and to make a contribution to CO2 reduction. When returning an order with a value of up to €750.00, a handling fee of €7.50 will be charged; for a value of over €750.00, the fee is €15.00. The same fee will be charged for the cancellation of an unshipped order.
The customer will only be financially liable for the purchased items loss in value, if it can be led back to handling of the item that cannot be associated with the inspection of quality, properties and operating mode. This especially is the case when the item, particularly the delivered instruments, show signs of usage that exceed inspection of quality, properties and operating mode. In these cases, we reserve an offset right concerning our damage claims against the customers refund claim, which can amount to the full purchase price, depending on the condition of the returned item.
(3) Exclusion of the right of revocation
The right of revocation is excluded for:
• Delivery of goods that are not prefabricated and an individual selection or determination by the customer is decisive for the production or concerning the delivery of goods which are adjusted to the customers individual requirements
• Delivery of sealed goods that, after the removal of the sealing, are not suitable for return on grounds of public health or hygiene. This especially applies if items intended for consumption are no longer in their original packaging or have been subjected to other uses or changes. This particularly includes:
o pickups (if no longer in their original packaging)
o cables that have been processed (shortened or soldered)
o strings (if they are no longer in their original packaging)
o hardeware (if they are no longer in their original packaging)
o instrument / string cleaning agents (if they are no longer in their original packaging)
• Delivery of sound or video recordings or computer software in a sealed package, after the package sealing has been removed by the customer
• Delivery of newspapers, periodicals or magazines with the exception of subscription contracts.
End of the information about rights of withdrawal.