Right of Withdrawal
Right to revocation
Should you be a customer who must be considered as a consumer then you may revoke your contractual commitment in writing within a period of two weeks stating no reason (e.g. by e-mail, letter or fax) or by returning the goods. To stay within the allowed period it will be sufficient to send off in good time either the goods or the request of revocation.
Consumer has been defined as any natural person who concludes a legal transaction for a purpose, which can neither be attributed to such person’s commercial activity or to such person’s self-employed activity (§ 13 of the CIVIL CODE). The period commences no sooner than with receipt of the goods, these instructions, and in due compliance with the duties of notification in accordance with § 312 c section 2 of the CIVIL CODE.
The return shipment or the request for revocation shall be addressed to:
ECE – Ing. Ehlers & Co.
Am Bierbaum 7
D - 58515 Lüdenscheid-Bierbaum
Fax: ++49 - (0) 23 51 - 45 99 15
(2) Consequences of the revocation
Any return shipment shall be effected at our cost and risk.We will send you a Freeway package stamp.
Whenever the total price of the goods to be returned fails to exceed an amount of 40,00 € the customer assumes the cost for a regular return shipment, unless the product delivered does not correspond to the one originally ordered.
In the case of an effective revocation the mutually received services shall be returned and, should this be the case, benefits from any use (e.g. advantages from use) must be given up. In case of a deterioration in quality we will be entitled to request compensation for lost value of the goods. The same will not apply in a case where the deterioration in quality of the goods can be traced back to their inspection only – in a way, as perhaps you would have been able to do in shop.
Other than that you will be able to avoid the obligation to compensate for lost value by refraining from using the goods, as an owner would do avoiding everything, which might deteriorate their value.
(3) Exclusion of the right to revocation
The right to revocation has been excluded in cases of remote location sales:
in the case of delivering goods, which have been manufactured to customer’s specifications or definitely tailored to personal requirements or are unfit for a return shipment on the base of their condition;
in the case of delivering audio recordings or video recordings or software, inasmuch as the consumer has taken the seal off the data carriers delivered;
in the case of remote location sales contracts, which are concluded by way of an auction.
(4) Financed contracts
Any customer, who has financed this contract with a loan in the first place then making use of his/her right to return the goods, shall no longer be bound by the loan contract, provided however, that both contracts form an economic unit. This must be assumed in particular, when ECE – Ing. Ehlers & Co. Elektrogeräte GmbH has also assumed the function of the lender for the customer or when customer’s lender has involved ECE – Ing. Ehlers & Co. Elektrogeräte GmbH in the financing. In a case where the loan has already gone to ECE – Ing. Ehlers & Co. Elektrogeräte GmbH at the time of the revocation taking effect or, when the return of goods has already been effected, the customer may address himself/herself for the refund to either ECE – Ing. Ehlers & Co. Elektrogeräte GmbH or the respective lender.
(5) The right to return goods has been excluded for contracts
covering a supply of goods, which have been fabricated to customer specification or definitely made to comply with customer’s personal needs or on the base of their nature are unfit for a return shipment or may perish quickly or where the expiration date has been exceeded;
covering a delivery of audio recordings or video recordings or software, inasmuch as the consumer has taken the seal off the supplied data carrier;
covering a delivery of newspapers, journals or magazines or
covering a delivery of bet services or lottery services.