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Right of revocation and returns of Facial Delight facial muscle trainers
Consumers within the meaning of § 13 Civil Code can revoke their agreement within 4 weeks without giving reasons either in writing (e.g. letter, e-mail) or by returning the goods. The period commences at the earliest on receipt of this instruction but not before receipt of goods. To meet the deadline, timely mailing will suffice.
Representation of Facial Delight in Germany via Magic and Arts:
Owner Dagmar Dahlen-Tayab
Tel: +49 (0) 2841 60 79 658
This right is conceded to consumers in the mail-order business by the legislator in order to put mail orders on the same footing as purchasing in a retail outlet. This is to prevent customers from having to pay and keep goods bought inadvertently.
However, the Facial Delight facial muscle trainer is a medical device, which is subject to special conditions of the Distance Selling Act:
See under: Civil Code § 312d Right of revocation and return in distance selling agreements
The following products are excluded from revocation:
- goods manufactured according to customer specifications
- goods that are clearly customized for personal requirements
- opened or used, i.e. partially or completely used-up materials (consumables), such as accumulators, batteries, ink cartridges, toners, ink ribbons, projector lamps etc., as well as consumables where it cannot be assessed beyond doubt whether they have actually been used due to their constitution or broken manufacturer’s seal (§ 312d Civil Code par. 4.1)
- audio and video records or software if the delivered goods were unsealed by the consumer (§ 312d Civil Code, par. 4.2)
- notebooks, servers, workstations or PDAs/pocket PCs, where the provided software was used or the data carriers were unsealed (such as a Microsoft activated Windows or a Microsoft Office already activated by Microsoft, an activated or unpacked Microsoft One Note for Tablet PCs, opened packaging of HP Smart Start CDs for servers etc.) (§ 312d Civil Code par. 4.2)
- hygiene items (such as headphones, microphones or medical devices) are excluded from return if these are not sealed with the hygienically perfect original seal (§312d Civil Code, par. 4.1).
The Facial Delight facial muscle trainer is delivered in sealed plastic packaging and may be returned only in the original seal.