The revocation clause only applies to consumers, meaning any natural person who concludes a legal transaction for a purpose which cannot be attributed to either his commercial or his self-employed professional activity. The provisions of the German Commercial Code apply to entrepreneurs, merchants, companies and public institutions. The right of withdrawal therefore only applies to articles sold by commercial sellers. In the event that the seller is also a consumer within the meaning of § 13 BGB, i.e. a private seller, the buyer is not entitled to a right of withdrawal under applicable law.
Right of withdrawal
Consumers are entitled to a right of revocation in accordance with the following provision, whereby a consumer is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor his self-employed professional activity:
They have the right to revoke this contract within fourteen days without giving reasons.
The revocation period is fourteen days from the day on which you or a third party named by you who is not the carrier have taken possession of the goods.
In order to exercise your right of withdrawal, you must notify us (Parfumbazar, c/o Beauty Traders Lux Germany Ltd., Am Ballindamm 3, 20095 Hamburg, Germany, firstname.lastname@example.org) of your decision to withdraw from this Agreement by means of a clear statement (e.g. a letter or e-mail sent by post). You can use our sample revocation form, which is not mandatory, which you can download here.
Consequences of revocation
If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund. We may refuse to refund until we have received the Goods back or until you have provided evidence that you have returned the Goods, whichever is earlier.
You must return or hand over the goods immediately and in any case within fourteen days of the day on which you notify us of the revocation of this contract at the latest.
This period shall be deemed to have been observed if you dispatch the goods before the expiry of the fourteen-day period.
The buyer bears the costs of the return.
You only have to pay for any loss in value of the goods if such loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality. Article 16(1) of the Consumer Rights Directive provides that there is no right of withdrawal where sealed goods are supplied which, for health or hygiene reasons, are not suitable for return and where the seal has been removed after delivery.