Revocation right for consumers
(A ‘consumer’ is any natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities.)
Instructions for revocation of contracts between consumers and M&M Vertriebs GmbH & Co. KG, also called "drum-tec".
§ 1 Revocation right: Statutory right of withdrawal
You have the right to revoke this contract within fourteen (14) days without specifying any reasons.
The revocation period is fourteen (14) days with effect from the day,
- on which you or a third party nominated by you, which is not the carrier, had taken possession of the products, provided you had ordered one or more products within the scope of a standard order and this/these product/products is/are delivered uniformly;
- on which you or a third party nominated by you, which is not the carrier, had taken possession of the last product, provided you had ordered several products within the scope of a standard order and these products are delivered separately;
- on which you or a third party nominated by you, which is not the carrier, had taken possession of the last part delivery or the last unit, provided you had ordered a product, which is delivered in several part deliveries or units;
In order to exercise your revocation right, you must inform us (M&M Vertriebs GmbH & Co.KG, In der Oberen Wanne 3, 31840 Hessisch Oldendorf, Telephone number: 05152-69886-0, Fax number: 05152-69886-10, E-Mail address: firstname.lastname@example.org) of your decision to revoke this contract by means of a clear declaration (e.g. a letter sent via post, fax or email). You can use the enclosed specimen revocation form for this, which however is not mandatory.
In order to safeguard the revocation period, it is sufficient that you send the notification about the exercise of the revocation right before the expiry of the revocation period.
Consequences of the revocation
If you revoke this contract, we shall repay all the payments, which we received from you, including the delivery costs (with the exception of additional costs, which arise from that fact that you selected a form of delivery other than the most reasonable standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received the notification about the revocation of this contract from you. We use the same means of payment, which you had originally used during the original transaction, for this repayment unless expressly agreed otherwise with you; you will not be charged any fees owing to this repayment. We can refuse the repayment until the products are returned to us or until you have furnished evidence that you have sent the products back to us, depending on whichever is earlier. You must return or transfer the products to us immediately and, in any case, at the latest within fourteen days with effect from the day on which you inform us of the revocation of this contract. The deadline is maintained if you send the products before the expiry of the fourteen-day deadline. We bear the costs for returning the products. You must pay for any depreciation of the products only if this depreciation can be attributed to any handling with you that was not necessary for checking the condition, features and functionality of the products.
Criteria for exclusion or expiry
The revocation right is not available for contracts
- for delivery of products, which are not prefabricated and for whose manufacturing an individual selection or stipulation by the consumer is important or which are clearly tailored to the personal requirements of the consumer;
- for delivery of products, which can spoil quickly or whose use-by date would be exceeded quickly;
- for delivery of alcoholic drinks, whose price was agreed at the time of concluding the contract, which however can be delivered 30 days after the conclusion of the contract at the earliest and whose current value depends on the fluctuations in the market, on which the entrepreneur has no influence;
- for delivery of newspapers, periodicals or magazines with the exception of subscription contracts.
- for delivery of products, that are wear and tear parts (such as mesh heads, rim noise eliminators, sticks, drum heads, cables, beaters, cleaning products, ...)
The revocation right expires prematurely in case of contracts
- for delivery of sealed products, which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after the delivery;
- for delivery of products if they have been mixed inseparably with other goods after the delivery, owing to their condition;
- for delivery of sound or video recording or computer software in a sealed package if the seal has been removed after the delivery.
§ 2 drum-tec 30-day money-back guarantee (extended returns policy)
In addition to the statutory right of withdrawal for a period of fourteen (14) days, drum-tec also offers customers a money-back guarantee for the 16 days following this period. The customer is entitled to return the goods we have supplied within thirty (30) days, without explanatory statement. The term shall commence when the goods have been received in full. The timely dispatch of the goods or the request to return the goods shall be deemed sufficient for meeting the deadline. The right to return goods can only be exercised by returning the goods, unless the goods cannot be shipped as a package. Goods which are deemed unsuitable for shipment shall be collected from the customer by a carrier commissioned by drum-tec. It is therefore advisable to contact our customer service department in advance.
- The 30-day money-back guarantee applies both to distance contracts in accordance with § 312c of the German Civil Code and to goods purchased in person at one of our drum-tec stores.
- drum-tec shall bear the costs of return. We provide “free-way coupons” for this purpose (no requirement to assume the costs of sending the goods back to us in case of return; when returning goods without a free-way coupon, we request that you refrain from using express delivery or delivery services for which postage is not prepaid). We will commission a carrier to collect goods which are deemed unsuitable for shipping. drum-tec regrets that it is unable to cover the shipping costs for return shipments from foreign countries as part of the 30-day money back guarantee.
- In the case of orders of media packaged in transparent film or sealed media such as CDs, audio cassettes, videos, DVDs, as well as newspapers and software, the right to return goods shall only apply if the respective goods are returned in the original sealed packaging or with the seal intact.
- The right to return goods shall be excluded altogether for goods which have been manufactured or altered according to customer specifications, as well as for bulk goods and items which are subject to wear and tear (e.g. mesh heads, rim noise eliminators, sticks, drum heads, cables, beaters, cleaning products, ...) and items which cannot be returned for hygiene reasons (e.g. towels).
- Should the customer make use of the right to return goods, drum-tec shall be entitled to demand appropriate compensation for the period during which the goods remain in the customer’s possession.
- Furthermore, a customer exercising the right to return goods must compensate drum-tec for the depreciation in the value of the goods if the customer is unable to return the goods in the proper condition because he/she is responsible for the deterioration or loss of the goods or any other deficiency. This shall not apply in cases where the deterioration of the goods is attributable solely to the inspection of the goods – for instance, as would have been possible for the customer in a store. Incidentally, the customer may avoid the obligation to pay compensation by desisting from using the goods as if they were his/her property and by refraining from any use which may reduce the value of the goods.
- If individual components of bundled merchandise or sets are returned within the 14-day statutory withdrawal period or the drum-tec 30-day money-back guarantee period, the goods remaining in the customer’s possession shall be charged at the regular sales price.
- Please note that the provisions set out in § 2 shall not apply for the first 14 days (statutory right of withdrawal in accordance with § 1of the General Terms and Conditions of Business) of the 30-day money-back guarantee period; instead these provisions shall only apply during the subsequent 16 days.