With distance selling contracts, the customer – insofar as it is a user of the item – may return the merchandise received within one month by sending the merchandise back, without giving reasons. There is no right of cancellation existing in addition to this right of return.
The period for sending back the merchandise begins at the earliest with receipt of the merchandise and this advice. Only in the case of merchandise that cannot be sent by parcel post (e.g. for bulky goods), the return can be declared by way of a request for take-back sent in writing, thus for example by letter, fax or e-mail. For the returns period to be respected, it is sufficient for the merchandise to be dispatched back or for the request for take-back to be issued. In each case, the return shipment is at the expense and risk of posterjack. The return shipment or the request for take-back is to be made to:
There is no right of return for the supply of merchandise being manufactured to customer specifications or clearly customised to personal requirements or which is not suitable for return shipment by reason of its nature.
In the case of a valid return, the benefits received by both sides are to be paid back and uses possibly drawn thereunder (e.g. benefits from use) are to be surrendered. In the event of deterioration in the merchandise, posterjack can demand indemnification according to value. This shall not be applicable if the deterioration in the merchandise is attributable solely to the examination of same - as would have been possible, for instance, in a store. Further to this, the customer can avoid the obligation for indemnification according to value by not making use of the merchandise as an owner and desisting from anything which impairs its value.
