- Right of Withdrawal
If the Purchaser is a dealer (§ 14 BGB [German Civil Code]) and is acting in the exercise of commercial or proprietary activities in concluding the Contract, then no right of withdrawal exists.
Consumers (§ 13 BGB) may withdraw their consent to contract within two weeks (14 calendar days), in writing (e.g., by letter, fax or email). without giving a reason therefor, or (if the goods have been delivered prior to the end of the period), by returning the goods. This period begins with receipt of these instructions in writing, but in no case before receipt of the goods by the recipient (for the periodic delivery of goods of the same kind, not before receipt of the first partial delivery and also not before fulfillment of the Offeror's duty to inform under Aricle 246 § 2 in combination with § 1 Sec. 1 and 2 EGBGB [Introductory Act to the German Civil Code] as well as our duties under § 312e Sec. 1 Para. 1 BGB in combination with Article 246 § 3 EGBGB). In order to meet the withdrawal period deadline, timely sending of the Notice of Withdrawal or return of the goods shall suffice.
The withdrawal must be sent to:
WKD Walter Krupp Dieseltechnik GmbH
Managing Director: Klaus P. Krupp
Göddertzgarten 38, D-53340 Meckenheim
P.O. Box 1147, D-53333 Meckenheim
Fax +49 (0) 2225 1 75 32
- Effect of Withdrawal
In the case of an effective withdrawal, any mutual benefits must be returned and, if applicable, any derived benefits (e.g., interest) must be surrendered. Should the Purchaser be able to return the benefit received to the Offeror only in part, or only in a deteriorated condition, then he must pay compensation to the extent necessary. The same shall apply as well to the transfer of goods, if the deterioration is caused by use of the goods according to their intended purpose, but not if the deterioration of the goods is attributable only to their being tested (for example, as might be done in a retail shop). In addition, the Purchaser may avoid the duty to pay compensation for deterioration resulting from use of the goods according to their intended purpose by not using them as if they were his own property, and avoiding any use which impairs their value.
Goods capable of being transported by parcel shall be returned at the Offeror's risk. The Purchaser must pay the return costs when the delivered goods match the order and the price of such goods to be returned does not exceed the amount of 40 Euro, or, if the goods are priced higher at the time of return, he has not yet paid in full, or made a contractually agreed partial payment. In all other cases, return shall be cost free to the Purchaser. Goods not capable of being transported by parcel shall be picked up from the Purchaser. Duties to reimburse payments must be fulfilled within 30 days. The Purchaser's period begins upon sending either the Notice of Withdrawal or the goods, the Offeror's period begins with receipt of the same.
For the provision of services, the right of withdrawal is extinguished early if the Offeror has begun performance of the service with the express approval of the Purchaser, prior to expiration of the withdrawal period.
End of Instructions for Withdrawal