rapidea-records ® Text on Revocation
01. In accordance with the rules governing distance selling pursuant to §§ 312b ff of the German Civil Code (BGB), customers ordering merchandise online are entitled to cancel the contract or return merchandise within 14 days, insofar as said merchandise is in a condition allowing safe return.
02. The statutory period within which the Right of Cancellation may be exercised begins on the date of receipt of the text detailing the Right of Cancellation and the Terms and Conditions, both in written form, or on the date of receipt of the goods by the Customer, whichever is the latest, or - in the case of repeated deliveries of the same item - on the date of receipt of the first of the deliveries or on the day the Seller honours his obligation to inform the Customer in accordance with Article 246 § 2 and § 1 Para 1 and 2 of the Introductory Act to the German Civil Code (EGBGB) and his obligations set out in § 312e Para 1 Clause 1 of the German Civil Code (BGB) and Article 246 § 3 of the Introductory Act to the German Civil Code (EGBGB), whichever is the latest.
03. No reason need be given for cancellation, which may be communicated either in writing (e.g. letter, fax, email) or, where customers have already taken receipt of the merchandise, by the Customer returning the merchandise.
04. The terms of cancellation require that notification of withdrawal from contract must be sent, or merchandise despatched, before the two-week period has elapsed.
05. If the terms of cancellation have been correctly adhered to, Customer and Seller must return goods and money respectively and relinquish any further gains made, such as interest that may have accrued.
06. Where the Customer is unable to return merchandise or provide services in return for usage and enjoyment of the product, or if he can return only part of the merchandise or only goods that are in a worse condition than when they were received, he must compensate the Seller for the value of said merchandise and services.
07. The Customer need only compensate the Seller for reduced-quality merchandise and usage enjoyed where the usage or the reduction in quality has been caused by treatment of the item that went beyond the normal checking of features and functionality.
08. "Checking of features and functionality" means the testing and trying out of the item at hand, as is standard procedure and possible on shop premises.
09. Should the Customer exercise his Right of Cancellation, then he shall, pursuant to § 357 Para 2 of the BGB, bear the normal costs of return postage if the merchandise delivered was what had been ordered, if the value of goods does not exceed € 40,00 or if the Customer, in the case of higher-value goods, has not yet paid the contracted sum in whole or in part at the time of cancellation.
10. Should the Customer exercise his Right of Cancellation, then pursuant to § 357 Para 2 of the BGB he is not obliged to bear the costs of return postage if the merchandise delivered was not what had been ordered, if the value of goods exceeds € 40,00 and if the contracted sum has been paid into the Seller's account in full by the date of cancellation.
11. Where the Customer is exercising his Right of Cancellation and his right to return merchandise, items that can be send through the post are to be despatched to the Seller at the Seller's own risk.
12. Where the Customer is exercising his Right of Cancellation and right to return merchandise, items that cannot be send through the post are to be picked up by the Seller from the Customer's premises, with the Seller taking full responsibility for transport.
13. Obligations to reimburse sums of money must be honoured within 14 days, the period for the Customer beginning on the date that the notification of cancellation was sent and/or the merchandise despatched, the period for the Seller beginning on the date of receipt of notification of cancellation and/or receipt of the merchandise.
14. The Right of Cancellation does not cover distance-selling contracts relating to the delivery of merchandise that are produced to comply with customer specifications or are clearly customised to meet particular requirements or whose physical characteristics make them unsuitable for returning by post or which spoil or perish quickly or have exceeded their use-by date.
15. The Right of Cancellation does not cover distance-selling contracts relating to the delivery of audio or video recordings or of software, where the items were delivered in a sealed condition and the seal of the data storage medium has been damaged or destroyed by the Customer.
16. Customers exercising their right to cancel the contract should send their notice to cancel to:
rapidea-records ® Music and Stories Downloadshop
Dr. Ingo Bruchhold
Dr. Ingo Bruchhold