Right of withdrawal
Advice of withdrawal
The user has the right to withdraw his declaration of intent directed to the conclusion of the contract within fourteen days of receipt of the goods. The withdrawal need not contain any justification and should be declared in text form (e.g. letter, fax, e-mail) or by returning the goods to the Vendor; for the observation of the deadline, the timely dispatch is sufficient. The deadline begins no sooner than the receipt of the goods (by contuining deliveries of similar goods not before the initial part delivery) and the receipt of advice about the right of withdrawal in accordance wih Article 246 § 2 in connection with § 1 para. 1 and 2 EGBGB as well as our duties according to § 312 e Abs. 1 S. 1 BGB in connection with Article 246 § 3 EGBGB.
The withdrawal must be sent to:
Quittenbaum Kunstauktionen GmbH,
Chief Executive Officer: Askan Quittenbaum,
Theresienstr. 60, D-80333 München
Telefax +49 89 273702122 Email: firstname.lastname@example.org
Consequences of withdrawal In the case of an effective withdrawal, the mutually received payments must be returned and, if necessary, the uses of the item made must be determined. The user must pay compensation for any deterioration resulting from the use of the goods in accordance with the regulations. The user may inspect the goods carefully and cautiously. The loss of value resulting from the use beyond the inspection which leads to the fact that the goods cannot be sold as new, must be compensated for by the user. This does not apply if the deterioration of the goods is exclusively attributable to the inspection that would have been possible in the retail shop. Incidentally, the obligation to pay compensation for the loss of value can be avoided if the user does not put the goods to use like an owner and refrains from any action which could reduce their value. Packable items must be sent back. Non-packable items are collected from the user. The costs of returning the goods are borne by the user in the event of the exercise of the right of withdrawal for an order value of up to € 40, unless the delivered goods do not correspond to the goods ordered. In the event of an order value exceeding € 40, the user is not required to bear the costs of returning the goods. Obligations for refund of payments are to be fulfilled within 30 days. This period begins for you with the communication of withdrawl or the return shipment of goods, for us with the arrival of said goods.
The right of withdrawal does not exist for the goods named in § 312 d Para. 4 BGB. These include, among others: - Delivery of goods manufactured according to customer specifications or clearly customized to the personal needs of the customer or which, by virtue of their composition, are not appropriate for being returned or can rapidly become spoiled or the expiration date of which would be exceeded, - Delivery of audio and video recordings or software, insofar as the seals on the delivered data media have been broken by the user, - Delivery of newspapers, journals and magazines.