Right of rescission
If the customer is entrepreneur (§ 14 BGB), he has no right of rescission acc. to § 312d BGB in ass. with §§ 355, 356 BGB
Right of cancellation
You may cancel the contract within two weeks without statement of reason in text form (e.g. letter, fax, email) or if the object is left to you prior to the expiration of the term– by returning the object. The term commences after receipt of this notice in text form, however not prior to receipt of the goods at the recipient (in case of repeating delivery of equal goods not prior to the receipt of the first partial delivery) and also not prior to the fulfilment of our information obligations acc. to § 312 c Abs. 2 BGB in connection with § 1 par. 1, 2 and 4 BGB-InfoV as well as our obligations acc. to § 312 e par. 1 S. 1 BGB in assoc. with § 3 BGB-InfoV. Timely dispatch of the cancellation or the object is sufficient to maintain the right of rescission.
The cancellation is to be addressed to:
Silvity UG (haftungsbeschränkt) & Co. KG
Telefax: 06021 / 7714299
Consequences of cancellation
In case of an effective cancellation, the serviceS received on both sides are to be returned and possibly derived benefits (e.g. interest) are to be handed out. If you cannot return the received service in whole or in part, or only in a worsened condition, you must pay us value compensation to the amount, if applicable. In case of transfer of the goods this is not applicable if the worsening of the goods is based solely on their inspection – as it would have been possible for you in a store. Apart from that you can avoid the obligation for value compensation for a worsening caused by the intended purpose of use of the object by not using the object as your property and avoiding all action that lessens its value. You must pay for the costs of return shipment if the delivered goods correspond to those ordered and the price of the object to be returned does not exceed an amount of 40,00 € or if you have not yet provided the counter performance or a contractually agreed partial payment at the time of cancellation in case of a higher price of the object. Otherwise the return shipment is free of charge for you. Objects that cannot be shipped in a parcel will be picked up at your location. Obligations for the reimbursement of payments must be fulfilled within 30 days. The term commences for you with the sending of you notice of cancellation or the object, for us with its receipt.
Exclusion of the right of rescission
A right of rescission according to the above conditions according to § 312d BGB is not given for long distance contracts
- For the delivery of goods that are produced according to customer specification or
- Are clearly tailored to the personal needs or
- That are not adequate for return shipment due to their condition.