Revocation right for consumers
2.Instructions for revocation
the buyer can revoke the contractual agreement in writing (e.g. letter, fax, e-mail) within 14 days without statement of reasons or – if the customer receives the goods before the end of this period – also by returning the goods. the period begins upon receipt of this notification in writing, but not before the goods are received by the recipient (where similar goods are delivered on a recurring basis, then not before receipt of the first partial delivery) and also not before fulfillment of the vendor’s duties of information pursuant to art. 246 § 2 in conjunction with § 1 (1) and (2) of the introductory act to the civil code (“egbgb”) as well as the vendor’s duties according to § 312g (1) sentence 1 of the bgb in conjunction with art. 246 §
3. the cancellation period is observed by timely sending the withdrawal notice or dispatching the goods.
the notice of withdrawal must be sent to (address as required for a summons):
ruby store gmbh
consequences of revocation:
in the case of an effective revocation, the mutually received benefits and, if applicable, derived profits (e.g. interest) are to be returned. if the buyer is not able to return services received (e.g. benefits from usage) in whole or in part or only returns them in a deteriorated condition to the vendor, the buyer shall be obliged to make good the loss in value to the seller in this respect. for the deterioration of the good and for derived profits, the buyer is only required to make good the loss in value, if the usage or the deterioration is due to a handling of the good which exceeded the checking of properties and functions. “checking of properties and functions” is understood to mean the testing and trying out of the individual good in a way which would be possible and usual in a store.
goods suitable for shipping via parcel post shall be sent back at the risk of the vendor. the buyer has to bear the regular costs of reconsignment, if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed the amount of 70 € or if, in case of a higher value of the product, the buyer has at the time of the withdrawal not reciprocated or performed the contractually agreed partial payment. otherwise the reshipment is exempt from charges for the buyer.
goods not suitable for shipping via parcel post shall be collected from the buyer. obligations to reimburse payments must be discharged within 30 days. the period shall begin for the buyer when he sends his statement of revocation or the goods; for the vendor it shall begin with its receipt.
legal exclusion of the right of revocation:
the right of revocation, unless otherwise provided, does not exist in the case of – an order of goods, which are made according to specifications of the customer or clearly are tailored to the personal needs or which are not suitable for a return due to their condition or are easily perishable or whose expiration date would be exceeded (§ 312d (4) no. 1 bgb), – for the delivery of audio or video recordings or software, in cases where the delivered data carriers have been unsealed by the user (§ 312d (4) no. 2 bgb), – delivery of newspapers, journals and magazines (unless the user has made his contractual statement for the delivery of newspapers, journals and magazines over the telephone) (§ 312d (4) no. 3 bgb). end of information concerning right of withdrawal
4. storage of the contract text
the vendor stores the order of the buyer with the order data provided by the buyer. additionally, the vendor stores the contract note with the general terms and conditions included in the contract.
the buyer can save and print the order and contract confirmation sent to him by the vendor via e-mail. the buyer can click on, save and print the general terms and conditions during or immediately after the order process.
5. conditions of payment
the buyer can pay for the order by paypal or advance payment. any other means of payment is only possible after an express agreement with the vendor in writing.
6. delivery / shipping costs
shipping of the ordered goods is performed by the vendor via dhl paket and dhl express.
the delivery of the goods will take place to the delivery address provided by the buyer.
after order confirmation the delivery takes place:
to addresses in germany within 2 -5 days,
to addresses in other european union within 2 – 7 days,
to adresses in switzerland and norway within 4-10 days
to all addresses on the rest of the world within 6 – 15 days.
the delivery timeframes are merely indicative guidelines provided by the deliverer (dhl) and do not constitute binding delivery dates.
if the order does not reach the total value necessary for free shipment, the buyer has to pay the following additional shipping costs:
for deliveries to germany 5,00 €, express 10,00 €
for deliveries to other european states 15,00 €, 30,00 €
for deliveries to switzerland or norway 20,00 €, 40,00 €
for deliveries to the rest of the world 40,00 €.
for deliveries to countries other than germany, further import costs may apply when a third country is involved (customs duties, import taxes and import turnover tax). these additional costs – which the buyer can enquire at the responsible customs office – shall be borne by the buyer.
the goods ordered by the buyer are insured up to a value of 500 € by the vendor.
an insurance of the ordered goods exceeding the amount of 500 € by the vendor or shipment with another deliverer (other than dhl) or another means of shipment will only be possible after an individual agreement in writing with the vendor.
all prices quoted in the online shop of the vendor include the statutory value added tax applicable at the time.
8. reservation of proprietary rights/h2> the goods remain the property of the vendor until the payment is made in full.
9. set off / withhold
the purchaser is entitled to offset only insofar as the purchaser’s claim is undisputed, disputed but ready for decision or assessed in a legally binding judgment. the customer shall be entitled to enforce a right of retention only against counter-claims under the same contract
10. warranty rights / costs for returning goods of withdrawal
the statutory warranty rights shall be valid.
if the buyer uses his right of withdrawal, he has to bear the costs of reconsignment, if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed the amount of 70 € or if, in case of a higher value of the product, the buyer has at the time of the withdrawal not performed the return service or the contractually agreed partial payment. otherwise the reshipment is exempt from charges for the buyer.
in order to exercise your revocation right, you must inform us (ruby store gmbh, reichenbachstr. 37 80459 münchen telephone number: +49 089 18950674, e-mail address: email@example.com) of your decision to revoke this contract by means of a clear declaration (e.g. a letter sent via post, fax or email). you can use the enclosed specimen revocation form for this, which however is not mandatory.
In order to safeguard the revocation period, it is sufficient that you send the notification about the exercise of the revocation right before the expiry of the revocation period.
Specimen – revocation form
(if you wish to revoke the contract, please fill up this form and send it back to us.)
– to ruby store gmbh, reichenbachstraße 37, 80469 münchen, e-mail address: firstname.lastname@example.org : – I/we (*) herewith revoke the contract concluded by me/ us (*) regarding the purchase of the following products (*)/
– the provision of the following service (*)
– Ordered on (*)/ received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only in case of a notification on paper)
(*) Cross out the incorrect option.