(1) Unless the parties have agreed otherwise, the right of revocation does not apply to the following contracts:
Contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual choice or destination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
contracts for the supply of goods which may spoil quickly or the expiry date of which would quickly be exceeded,
contracts for the supply of sealed goods which are not suitable for return for health or hygiene reasons if their sealing has been removed after delivery,
contracts for the supply of goods, if, after delivery, these have been inseparably mixed with other goods due to their nature,
contracts for the supply of alcoholic beverages, the price of which was agreed when the contract was concluded but which cannot be supplied before 30 days after conclusion of the contract and the current value of which depends on fluctuations on the market over which the Contractor has no control,
contracts for the supply of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery,
contracts for the supply of newspapers, magazines or periodicals with the exception of subscription contracts
When ordering other goods you are entitled to the legal right of withdrawal described below:
You have the right, within fourteen days and without giving reasons to revoke this contract.
The revocation period is fourteen days from the day on which you or a third party designated by you, other than the carrier, has taken possession of the goods.
To exercise your right of withdrawal, you must contact us (Dataplot GmbH, Gutenbergstraße 15, 24558 Henstedt-Ulzburg, Phone 0049 4193 9950, Fax 0049 4193 995220, e-mail: firstname.lastname@example.org) by means of a unique declaration (e.g. a declaration sent by post) letter, telefax or e-mail) about your decision to revoke the contract. You can do this using the attached cancellation form, but this is not mandatory.
Within the revocation period it is sufficient for you to send the notice of your withdrawal before the expiry of the withdrawal period to us.
Consequences of revocation
When you revoke this contract, we will refund all payments, which we have received from you, including the delivery costs (with Exception of additional costs resulting from the fact that you have a different type of delivery than the cheapest one offered by us standard delivery), without undue delay and at the latest by fourteen days from the date on which the notice of the termination of the contract is given. For this we use the same means of payment that you use to pay for your original transaction, unless you have explicitly express otherwise; in no case will the customer be entitled to charges for this repayment.
We may refuse the refund until we have returned the goods to you or until you have furnished proof that you have returned the goods, whichever was the earlier time is.
The goods shall be delivered immediately and in any case not later than fourteen days from the date on which you notify us of the revocation of this contract, send it back to us or hand it over to us. The period shall be deemed to have been observed if you have returned the goods before the expiry of the period of to send it within fourteen days.
You bear the direct costs of returning the goods.
You are liable for any depreciation in the value of the goods only if this loss in value to one for checking the condition, properties and functionality of the goods not necessary handling is attributable to them.
End of the cancellation instruction
Sample withdrawal form according to Annex 2 to Art. 246a § 1 para. 2 sentence 1 no. 1 EGBGB and § 2 Para. 2 No. 2 EGBGB
(If you want to revoke the contract, then please fill out this form and send it back.)
To Dataplot GmbH, Gutenbergstraße 15, 24558 Henstedt-Ulzburg, Germany, Telephone 0049 4193 9950, fax 0049 4193 995220, e-mail: email@example.com
Here with I/we (*) revoke the contract concluded by me/us concerning the purchase of the following goods …
Ordered on …(*)/received on …(*)
… Name(s) of consumer(s)
… Address of the consumer(s)
… Signature of consumer(s) (only for paper communication)