Right of Revocation
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If the customer is a Consumer and the contract with this customer is concluded solely by means of telecommunication tools (i.e. email, internet of fax) in terms of § 312b German Civil Code (BGB), the customer has a Right of Revocation (Widerrufsrecht) in accordance with the following provisions:
Right of Revocation
The customer may revoke their contract declaration either in writing (i.e. letter, fax, email) or by returning the goods within a period of two weeks (‘Period of Revocation’) without stating any reasons. The Period of Revocation begins on the day after delivery of the goods, but earliest on the day following receipt of this instruction in writing (i.e. letter, fax, email) and not prior to fulfillment of our obligations to inform as required under German law (§ 312c para. 2 German Civil Code (BGB)) and – provided customer’s order was placed via our online shop – our obligations in respect of electronic business transactions (§ 312e para. 1 sentence 1 German Civil Code (BGB)).
Compliance with the Period of Revocation only requires timely dispatch of the revocation notice or timely return of the goods. The revocation notice must be addressed to:
California Sunset Records GmbH
Richardstraße 45
D-22081 Hamburg
Germany
Telefax: +49 40 69 66 49-299
E-Mail: info@californiasunset.de
Should the customer have been informed of their Right of Revocation only after the contract has been concluded, the Period of Revocation shall be one month.
Consequences of revocation
In the event of a valid revocation, the reciprocally received services and goods shall be returned and, if applicable, any benefits gained restituted (i.e. interest). Should the customer not be able to return to us the services or goods received or, as a whole or in part, only in depreciated condition, the customer must, if applicable, pay compensation to this extent. For deliveries of merchandise this shall not apply if the depreciation of the merchandise is solely due to its inspection, as would have been possible for the customer in a retail outlet, for instance. In other respects, the customer can avoid the obligation to pay compensation by not using the merchandise like an owner and refraining from doing anything that impairs its value. However, if the customer was not informed in writing (i.e. letter, fax, email) about the obligation to pay compensation and about the opportunities of its avoidance latest at the time the contract was concluded, the customer shall not pay compensation for any depreciation arising from the contractual use of the merchandise.
Goods that can be sent by parcel post are to be returned at our risk. The customer must meet the cost of the return postage if the goods delivered correspond to the goods ordered and if the cost of the goods to be returned does not exceed Euro 40, or if, in the event of a higher cost of the goods, the customer has not yet paid the consideration or a contractually agreed installment at the time of revocation. Otherwise, the sales return is free of charge for the customer.
Goods that cannot be sent by parcel post will be collected from the customer. Obligations to reimburse payments must be fulfilled within a period of 30 days. For the customer, the period set begins on dispatch of the cancellation declaration or shipment goods, for us it begins on their receipt.
Specific advice
The Right of Revocation does not exist in the case of contracts
- for the delivery of goods produced in accordance with customer specifications or those clearly tailored to personal requirements of the customer or those not suitable to be returned due to their composition or those which may spoil quickly or where their expiration date would be exceeded,
- for the delivery of audio and video recordings or software, provided the Consumer has broken the seal of the data media delivered and
- for the delivery of newspapers, periodicals and magazines.
- End of instruction on the Right of Revocation -
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