Right of withdrawal for consumers concerning the delivery of wares
If you are a consumer, i.e. a natural person, who makes a legal transaction for a purpose, which does neither concern its commercial nor its free-lance activity, the following holds:
Right of withdrawal
1. Right of return
You can revoke your contractual statement, without stating reasons, within two weeks in writing (e.g. letter, fax, e-mail) or - if you received the goods before the expiry period is over - by returning the goods. The period begins upon receipt of this instruction in writing, but not before receipt of the goods by the recipient (in case of recurrent delivery of similar goods not before receipt of the first partial delivery), and also not before we performed our duty to supply information pursuant to Section 246 para 2, in conjunction with para 1 section 1 and 2 EGBGB as well as our duties pursuant section BGB 312g, para 1, sentence 1, in conjunction with the section 246 §3 EGBGB. In order to meet the cancellation time limit it is sufficient to send the withdrawal or the goods in time. The withdrawal or return must be sent to:
ScanDig GmbH
Fasanenstr. 8b
82008 Unterhaching
Germany
Fax: +49 (0)89 622 999 33
Email: info@scandig.de
2. Consequences of revocation and return
In case of a valid return any effort received by both parties are to be returned, as are benefits derived from such efforts (e.g. interests). If you can not return the efforts and benefits entirely or partially, or only in a declined condition, you must pay compensation for the value in this respect as the case may be. You must pay compensation for the decline of the goods and for benefits only as far as the decline is attributed to handling the goods exceeding inspection of properties and functionality. "Inspection of properties and functionality" means checking and trying out the particular goods as it would have been possible and common for instance in the retail shop. Goods which can be sent by parcel have to be sent back at our risk. If the delivered goods correspond to the ordered goods, and if the price of the returned goods does not exceed the amount of 40 Euro or, in case of a higher price of the goods at the time of the withdrawal, if you have not reciprocated or partially paid as contracted, you pay the regular costs of the return. Otherwise the return is free of charge for you. Goods which can not be sent by parcel will be picked up at your place. Obligations for refunding payments must be fulfilled within 30 days. For you the period begins with sending off the notice of withdrawal or the goods, for us the period begins with its reception.
- End of the right of withdrawal for the delivery of wares -
Exceptions from the right of return:
According to § 312d BGB there is no right of withdrawal for distance selling contracts for the delivery of software, if the data mediums have been unsealed or if the software has been registered. This also holds for software which is delivered in bundles.