Right of revocation
Right of revocation
An ordering party may revoke his or her contractual declaration within two weeks without specifying reasons, doing so in text form (by letter, fax or e-mail) or by returning the goods. The period will begin after receipt of this advice in text form, but not before receipt of the goods by the recipient (in the case of recurring delivery of similar goods, not before receipt of the first part delivery). To comply with the revocation period, it suffices to send off the revocation notice or the goods timely.
There is no right to revocation in the case of delivery of audio, video recordings or dowloaded files (e.g. CDs, DVDs, PDF's) or of software if the consumer has unsealed the data media delivered.
Notice of revocation must be sent to:
Juerg Dedual
Gaebrisstrasse 8
CH - 9056 Gais
Schweiz / Switzerland
Consequences of revocation
In the event of valid revocation, the services received by both parties must be returned and any uses obtained (e.g. interest) must be surrendered. The ordering party may have to provide value compensation if the ordering party cannot, either in whole or in part, return the received service to the vendor or can only do so in an impaired state. This will not apply to the making available of objects if impairment of the object is attributable solely to inspection thereof, as would have been possible for the ordering party in a shop, for example. Incidentally, the ordering party can avoid providing compensation for an impairment caused by use of the object in accordance with its intended purpose by refraining from using the object like his or her property and by refraining from all actions that would have a detrimental influence on its value.
Objects that can be sent in parcels must be returned at the vendor's risk. The ordering party must bear the costs of returning if the object delivered corresponds to the object ordered and if the price of the object to be returned does not exceed an amount of 40.00 € or, in the event of a higher price of the object, the ordering party has not yet reciprocated or provided a contractually agreed partial service at the time of revocation. Otherwise, returning will be free of charge to the ordering party. Objects that cannot be sent in parcels will be picked up from the ordering party by the vendor.
Obligations to reimburse payments must be fulfilled within 30 days. For the ordering party, the period will begin when the revocation declaration or the object is sent. For the vendor, the period will begin with its receipt.