377
=S=> BGB 357. 1 Unless otherwise specified , the provisions on statutory withdrawal apply to the right of revocation and the right of return with the necessary modifications . Section 286 ( 3 ) applies with the necessary modifications to the duty to reimburse payments under this provision ; the period specified there begins when the consumer makes a declaration of revocation or return . In this connection , the period with regard to a duty of reimbursement of the consumer begins when this declaration is made ; the period with regard to a duty of reimbursement of the entrepreneur begins when it is received .
=S=> BGB 357. 2 When he exercises the right of revocation , the consumer is obliged to make return shipment of the thing , if it can be sent by parcel . Costs and risk of return shipment are borne by the entrepreneur in cases of revocation and return . If there is a right of revocation under section 312d ( 1 ) sentence 1 , the regular costs of return shipment may be imposed by contract on the consumer if the price of the thing to be sent back does not exceed an amount of forty euros or if , where the price is higher , the consumer has at the date of the revocation not yet rendered consideration or given a part payment , unless the goods supplied do not correspond to those ordered .
=S=> BGB 357. 3 The consumer , notwithstanding section 346 ( 2 ) sentence 1 no . 3 , must pay compensation for value for any deterioration caused by putting the thing to its intended use , if , at the latest when the contract was entered into , his attention was drawn in text form to this legal consequence and to a possibility of avoiding it . This does not apply if the deterioration is exclusively due to examining the thing . Section 346 ( 3 ) sentence 1 no . 3 does not apply if the consumer has been properly instructed on his right of revocation or he has obtained knowledge of it in another way .
=S=> BGB 357. 4 There are no more extensive claims .
|
