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Attorney-at-Law Michael Horak, graduate engineer (Electrical Engineering), LL.M. (European Law)  | Julia Ziegeler, Attorney-at-law  | Attorney Umberg, LL.M., M.A.  | Lisa Schwerdt, Attorney-at-law  | Ansgar Kluge, Attorney-at-law  | Andree Eckhard, Patent Attorney  | Katharina Gitmann, Lawyer  | Karoline Behrend, Lawyer  | Johanna Müller, Patent Attorney

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horak
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Georgstr. 48 · 30159 Hannover · Germany
Fon +49.511.357356.0 · Fax +49.511.357356.29
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horak.
Lawyers Hannover (Main Office)
Georgstr. 48
30159 Hannover
Germany

Tel +49.511/357356-0
Fax +49.511/357356-29
hannover@iprecht.de

 

horak.
Lawyers Munich
Landshuter Allee 8-10
80637 Munich
Germany

Tel.: +49.89.2500790-50
Fax: +49.89.2500790-59
munich@iprecht.de

 

horak.
Lawyers Vienna
Trauttmansdorffgasse 8
1130 Vienna
Austria

Tel.: +43.1.8761517
Fax: +49.511.357356-29
vienna@iprecht.de

 

Sample instruction on the right of return (Supplement 3 to § 14 (1) and (3) of the Civil Code (BGB-InfoV))

Instruction on the right of return:

Right of return

You may return the product you purchased within [two weeks] (1) from the day of receipt of the product and of this instruction without stating any reasons. In case of products which cannot be shipped as a package (e.g. bulky goods), you can declare your wish to return the product by means of a letter, a fax or an e-mail. In order to observe the deadline, it suffices to send the product or the written declaration of your wish to return the product in time. The costs of the return shipment shall be borne by us. The product or the written declaration of your wish to return the product are to be delivered to: (2) (3) (4)

Consequences of return

Through the utilization of the right of return, both parties are bound to return in full all aspects of the goods, services or payment made, received or exchanged, including the case of consumable product. In the case of goods damaged upon return, a sum corresponding to the devaluing caused by the damages will be claimed. This will only not be applied on the proviso that the goods have been inspected – such as can be enacted if the goods were taken into a retail premises – and cause of the damage has been established and agreed upon. You are able to avoid the above damage-claim sum by not treating the goods in the manner of an owner of said goods and by not using them in any way which may devalue their worth.

Financing transaction (5)

(Venue), (Date), (Consumer’s signature) (6)

Annotations:

(1) If the consumer is instructed about his right to return products after the contract has been concluded, the return period amounts to one month.

(2) Insert: Name/Company and address for shipments

You can also state your fax number, e-mail address and/or your web site, if the consumer is to obtain a confirmation of his declaration to return a product to a company.

(3) Here you can add the following note: “You can also send shippable products to (insert: Name/Company and telephone number of a logistics company) to pick up the product at your address.”

(4) Here you can add the following note: “If you send us a declaration of your wish to return the product, it shall be picked up at your address.”

(5) The following note concerning financing transactions can be omitted if we are not concerned with a linked transaction: “If you have financed this contract by means of a loan and if you are exercising your right of return, you are not bound by a loan agreement if these two contracts are a economic entity. This is the case if we are your lender or if your lender is providing services to you regarding the financing of our cooperation. If the loan has already flown into our account before the return or revocation comes into force, you can contact not only us, but also your lender in order to finalize the reversed transaction”.

(6) Venue, date and place for signature can be omitted and be replaced by one of the phrases: “End of the instruction on the right of return” or “Yours sincerely, (insert: company name)”.

© 1998-2017 IP Attorney at law Michael Horak, LL.M, Certified IP Law Specialist

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