💡 In short: This page explains the right of customers to return goods within 14 days, including information on return costs, loss of value, and partially rendered services. Suppliers are required to inform customers and provide withdrawal information on a permanent storage medium. Customers can also revoke a contract informally within 30 days. Additional information on return costs and device defects caused by the company is also included.
🚚 Right of return - Informing Obligations
The Supplier has to inform the customer of the right of withdrawal prior to contract conslusion (available at Supplier’s GTC). Additionally, the customer must receive the withdrawal information on a permanent storage medium (e.g. dowloadable, paper or e-mail). If not, the customer can withdraw from the contract at any time up to 1 year and 14 days. Therefore Suppliers have to give refurbed the withdrawal information to be integrated in the website.
The statutory withdrawal period is 14 days, provided that the costumer has been correctly informed about the right of withdrawal, mind however, purchases via refurbed allows for 30 days.
📄 What does the withdrawal information include?
Please refer to this ↩️ Revocation/Withdrawal
🧑💼 Mutual obligations:
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Costumers and companies must return mutual services immediately (i.e. refund/returning the product), but no later than 14 days after the declaration of withdrawal and the Consumer can provide proof of posting.
→ Mind however, according to 13.5 of our terms and conditions the customer has 30 days to return the device.
- Return costs can be demanded by the seller if it has informed the consumer of the (basic) obligation to bear the costs before conclusion of the contract. However for purchases through refurbed, Suppliers must provide free return labels.
- Seller may withhold refunding until they have received the goods or the consumer has provided proof that the goods have been dispatched.
- Consumers may check the goods with regard to their quality, characteristics and functionality.
- However, consumers must pay compensation for any further use that is not necessary and this reduced the product’s value. The prerequisite for this, however, is that they were properly informed about the right of withdrawal before contract conclusion (Supplier’s GTC) and also received the model withdrawal form either on paper, downloadable, or per E-mail.
👩💻 How/When does CS have to declare revocation?
To revoke a contract, the consumer simply have to informally declare to the supplier (e.g. by e-mail or phone call) that they wish to withdraw from the contract. They do not have to give any reasons for the revocation and the revocation period is 14 days by statutory law, but 30 days according to refurbed’s trial period.
With the declaration of revocation, the contract is dissolved and the services rendered are to be reversed thereon (e.g. return of the goods, refund of the purchase price, etc.). It is sufficient, if the customers return the devices within 30 days after the declaration of withdrawal.
📸 Pictures before providing return label?
Statutory withdrawal laws oblige sellers to
- Allow Consumers may to return the device and claim refund without giving any reason and
- Reimburse all payments received from the consumer
- in any event not later than 14 days from the day on which he is informed of the consumer’s decision to withdraw from the contract,
- While consumer shall send back the goods, without undue delay and in any event not later than 14 days from the day on which he has communicated his decision to withdraw from the contract, (Mind: 30 days Refurbed trial period)
- And Sellers may withhold the reimbursement until he has received the goods back, or until the consumer has supplied evidence of having sent back the goods, whichever is the earliest. → Mind however, the phrasing of “in any event not later than 14 days (…)
💡 While demanding to provide pictures beforehand does not necessarily negate the Customer’s statutory right to not state any reason, this clashes with the Consumer’s right to have the purchase price refunded “in any event” not later than 14 days from the day on which the supplier was informed of their wish to withdraw from the contract.
Also, the Consumer shall send back the device in any event not later than 14 (refurbed: 30) days and have the costs of the least expensive type of delivery reimbursed.
Although we understand that Suppliers have an interest of receiving pictures of the product’s conditions prior to return for reasons of evidence, this cannot prevent the Consumer’s right to return and refund the purchase price, regardless of sending pictures beforehand.
If Suppliers do not provide a return label within 24h from the Customer’s message, according to the Supplier Guide, the Customer may return the product via a carrier of their choice, while the Supplier is fully responsible to pay any return fees and carry the transport risk, provided the Customer can proof the return.
If a free return label is not provided to the customer within 24 hours (on business days)
after the customer inquiry for purchases within 30 days from delivery or due to a warranty
claim, the customer may return the product via a carrier of their choice and the Supplier is
fully responsible to pay any return fees (this can result in higher costs for the Supplier than
a free return label). If in such a case the product gets lost or stolen during shipping and
the customer provides proof that the package was sent to the Supplier (i.e. proof of
posting with tracking ID), the Supplier must refund the purchase price.
Legal Grounds:
🇪🇺 European Union: Art 13 and 14 of the Consumer Rights Directive 2011/83/EU
🇦🇹 Austria: § 14 FAAG
🇩🇪 Germany: § 357 BGB
📙 Supplier Guide Chapter 7, Section 7.1 Number 3