Withdrawal

Instruction on Withdrawal for Customers

Right of Withdrawal
As a customer (each private individual, which makes a contract not for companies or as a freelance professional purchasing goods for commercial use)
you may withdraw your contractual declaration in written form (by letter, fax, email, for example) within 14 days without stating reasons, or by returning the goods.
The period begins after having received these withdrawal instructions in text form, but neither before the arrival of the goods with you or with your called recipient (in the case of repeated delivery of similar goods not before the arrival of the first partial delivery)
nor before the fulfillment of our information requirements pursuant to Article 246 § 2 in conjunction with § 1 (1) and (2) EGBGB (Introductory Act to the German Civil Code) as well as our obligations pursuant to Sec. 312e Para. 1 Sentence 1 BGB (Civil Code of Germany) in conjunction with Article 246 § 3 EGBGB have been fulfilled.
For securing this period for the withdrawal the timely posting of the withdrawal or the goods is sufficient. Withdrawal has to be addressed to:
Gewerbebetrieb Wolfgang Krause,
Wellingsbüttler Weg 178,
22391 Hamburg,
Germany
Fax: +49 40 – 5 2388 797,
E-mail: Support@MoSysReal.net
Withdrawal Consequences
In case of an effective withdrawal, any performance received by both parties is to be returned to the respective other, as are benefits derived from such performance.
An obligation to the replacement of uses of the item and/or the value of the uses does not exist. If you cannot return the goods received to us, in whole or in part, or if you can only return the received goods in a deteriorated state, you must pay us compensation for value insofar. This does not apply if the sole cause of deterioration of the things was the inspection of the respective goods - as would have been possible in a retail shop.
For the rest, you can avoid paying compensation for value in respect of deterioration in the goods as a result of their/its proper use, if you do not use the goods the way you uses your own property and refrain from doing anything that would curtail the value of the goods.
In addition, a compensation only must be made for any reduction in value of the thing caused by putting it to its intended use, if you have been informed, pursuant to Sect. 357 (3) 1st Sentence BGB, in writing of this legal consequence and of a means of avoiding it, at the latest when the contract is concluded.
Packaged mailing items are to be returned at our risk. You have to cover the costs for the return shipment pursuant to Sec. 357 Para. 2 BGB, if the delivered goods correspond to those ordered and if the price of the goods to be returned does not exceed 40 Euros or if, in the case of a good of higher value, you have not yet delivered the return service or a contractually agreed partial payment at the time of withdrawal. Otherwise the return shipment is free of charge for you.
Goods which cannot be packaged for mailing will be collected at your address.
Commitments for the return of payments must be fulfilled within 30 days. This period for you begins when sending the declaration of withdrawal or the item, and begins for us with its receipt.
Exclusion of the Right of Withdrawal
The right of revocation does not apply to contracts for the delivery of goods that are made to the customer's specification or are clearly tailored to the customer's personal requirements, or which are not suitable for return due to their condition, or which can easily perish or whose expiry date has passed, and moreover,
not for the delivery of audio or video recordings or software if the seal on the data storage media supplied has been broken by the purchaser, and also not to contracts for the supply of newspapers, journals and illustrated magazines (unless the consumer submitted his contract statement for the delivery of newspapers, journals and illustrated magazines by telephone).
End of the instruction on withdrawal