§III Legal Right of Withdrawal
1. Right of Withdrawal
You have the right to return the article without providing reasons by sending it back within a 14-day period beginning on the day you receive these instructions in written form (e.g., as a letter, fax, e-mail), but not before the article has reached you and also not before we have fulfilled our duty to inform under article 246 § 2 in connection with § 1 paragraphs 1 and 2 of the EGBGB [Introductory Act to the German Civil Code] as well as our duties under § 312g paragraph 1 clause 1 of the BGB [German Civil Code] in connection with article 246 § 3 of the EGBGB. Only in the case of articles that are not suitable for shipment as a parcel (e.g., bulky items) may you also declare the return by means of a written demand for return. In order to meet the return deadline, it is sufficient to send back the article or send in the demand for return on time. The article to be returned or the demand for return must be sent to the following address:Leihinstrumente.de
Proprietor Michael Berstecher
79206 Breisach / Niederrimsingen
Internet address: www.leihinstrumente.de
2. Consequences of Returning Articles:
1. In the case of an effective return, both parties shall return all goods or payments they have received as well as any benefits derived from their use. In the case of a deterioration of the article and utilizations (e.g., benefits from use) that preclude its being returned to us in whole or in part or only in worse condition, you are obliged to compensate us for the depreciation in value. You are only required to compensate us for a deterioration of the article and for utilizations if the utilizations or the deterioration were caused by using the article in a manner that went beyond merely “testing the characteristics and functioning.” “Testing the characteristics and functioning” refers to testing and trying out the article, for instance as one is customarily allowed to do in a retail business. Obligations to refund payments must be fulfilled within 25 days. For you the period begins on the day you send back the article or the demand for return, for us it begins with the receipt of the article.
2. The right of withdrawal only applies to orders for shrink-wrapped or sealed data carriers such as CDs, audio cassettes, videos, and DVDs as well as newspapers, magazines, and software if the article in question is sent back to us in the original shrink-wrapping or with an intact seal.
3. The right of withdrawal does not apply to distance contracts for the delivery of goods that were produced according to the customer’s specifications or were clearly customized to meet personal needs. The same is true of goods that are by nature not suitable for sending back or that can spoil quickly or whose expiration date has passed.
4. The goods must be returned at the customer's own expense.