Revocation Instruction (consumers only)
You have the right to revoke this contract within fourteen days without the need to state reasons.
The deadline for revocation is fourteen days from the date on which you or a third party nominated by you (who is not the carrier) have/has taken possession of the goods.
In order to exercise your right of revocation, you must inform us,
Instructions on the Right of Withdrawal
If you are an entrepreneur within the meaning of Art. 14 of the German Civil Code (BGB) (An entrepreneur is a physical or legal person or a legal partnership [A legal partnership is a partnership, which is endowed with the ability to acquire rights and incur liabilities.], which at the conclusion of a contract acts as part of its commercial or independent professional activity) and at the conclusion of a contract is acting in the exercise of a commercial or independent activity, there is the no right of withdrawal. For consumers (a consumer is any natural person who enters into a transaction for a purpose that is neither commercial nor may be attributed to their independent professional activity.), the following applies:
Right of Withdrawal
You may revoke your declaration to conclude a sales contract within 14 days without justification in writing (for example, letter, fax, e-mail) or - if the goods are delivered before the deadline - also by returning the goods. The period begins upon receipt of this notification in writing, but not before receipt of the goods to the consignee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not before fulfilling our obligations under Article 246 Sect. 2 in connection with Sect. 1 Abs. 1 and 2 EGBGB and our obligations according to Art. 312g Para 1 sentence 1 BGB in conjunction with Article 246 Sect. 3 BGB. The withdrawal period shall be deemed observed if the goods are returned or notice of withdrawal is given within this period.
Withdrawal is to be addressed to:
DTE Systems South Africa
Diesel Torque SA
9 Granula Place
Tel. +(27) 21 556 6463
Tel. +(27) 82 379 6141
Fax: 086 515 0059
Email: [email protected]
Consequences of withdrawal
In case of an effective withdrawal the mutually received services shall be returned and any benefits (eg: interest) shall be handed over. If you are unable to return already rendered services and benefits (eg: benefits of use) or only in a deteriorated condition or in only part, you will have to pay compensation to this extent. Compensation shall be paid for deterioration and benefits derived only if the benefits or deterioration can be traced back to having used the goods in a manner that goes beyond examining their characteristics and function. "Examining their characteristics and function" is understood to mean testing and trying out the goods in question such as would have been possible and normal for a purchaser in a shop.
Goods capable of being returned in a packet are to be returned at our risk. You, the customer, shall bear the regular costs of the return shipment if the delivered goods correspond to those ordered and if the price of the goods to be returned does not exceed an amount of Euro 40 or in the case of higher priced goods if, at the date of withdrawal, you have still not complied with payment or a contractually agreed partial payment. Otherwise the return of goods is without charge to you. Goods not capable of being returned in a packet will be collected from you. Obligations for the refund of payments must be met within 30 days. This period shall commence for you upon sending your notice of withdrawal, and for us upon receipt thereof.
The Right of Withdrawal does not exist in the event of distance contracts
1. for the supply of goods that are produced according to customer specifications or clearly tailored to personal needs or which, due to their nature, are not suitable for return or spoil quickly or whose expiration date has passed,
2. for the delivery of audio or video recordings or software if the seals on the data carriers delivered have been broken.
If you financed this agreement with a loan and you revoke the agreement thus financed, you will no longer be bound under the loan agreement either if both agreements form one economic unit. This will be assumed to be the case, in particular, if we are also your lender or if your lender relies on our co-operation in respect of the financing. If the loan has already been received by us at the time of your cancellation or surrender, your lender shall succeed to our rights and obligations in relation to you under the agreement financed in respect of the legal consequences of the cancellation or surrender. The latter shall not apply if the present agreement involves the acquisition of financial instruments (e.g. securities, foreign currencies or derivatives).
If you wish to avoid a contractual obligation as much as possible, make use of your right of withdrawal and cancel the loan contract as well, if you are also entitled to a right of withdrawal in this case.
End of the instructions on right of withdrawal.
3. Return shipment costs in case of withdrawal
For consumers, the following applies:
If you make use of your right of withdrawal, you shall bear the regular costs of the return shipment if the delivered goods correspond to those ordered and if the price of the goods to be returned does not exceed an amount of ---- or in the case of higher priced goods if, at the date of withdrawal, you have still not complied with payment or a contractually agreed partial payment. Otherwise the return of goods is without charge to you.