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Right of withdrawal for goods sold by the meter

May 26, 2010 | 25,00 EUR | answered by Steffan Schwerin

Dear Sir or Madam,

I have recently expanded my shop with a new product, which is oilcloth on rolls.

Each roll contains 20 meters of oilcloth, which are sold through various distribution channels.

Customers have the option to choose a specific size, and the product will be cut to their desired measurements.

However, there have been some returns with the reason that the product does not meet the customer's expectations. The issue is that we cannot easily resell these customized products.

You can see an example on my website here:

http://www.textilecke.de/products/Wachstuch-Tischdecken/Tischdecke-Abwaschbar-Wachstuch-Weiss-Blau-Wunschmass.html

I have noticed on a website with similar products that the following statement is included in their return policies:

Attention: The right of withdrawal does not apply to goods that are made to customer specifications or clearly tailored to personal needs.

Is this addition to the return policies legally valid?

Can I also enforce this policy?

Steffan Schwerin

Dear questioner,

I will answer the questions you have posed taking into consideration the circumstances you have described as well as your input as follows:

Yes, indeed, this is how it can and should be done.

You should include the following sentence in the terms and conditions:

"In view of technical and visual settings or peculiarities of the customer's monitor, the colors displayed in the shop may differ from the actual color of the goods delivered later. Some colors and/or effects of the materials offered cannot be accurately reproduced with the capabilities of a monitor, such as metallic effects, fluorescence, or etching effects in glass decorative films."

Furthermore, the cancellation policy should be supplemented as follows:

"Exclusion of cancellation

The right of cancellation does not apply to contracts:

- for the supply of goods that are made to the customer's specifications or clearly tailored to personal needs or which, by their nature, are not suitable for return or may deteriorate quickly or whose expiration date would be exceeded,

- for the supply of audio or video recordings (e.g. CDs and DVDs) or software, if the delivered data carriers have been unsealed by you."

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Yours sincerely,

Steffan Schwerin
Lawyer

Law Firm Steffan Schwerin
Golmsdorfer Straße 11
07749 Jena

Tel.: 03641 801257
Fax: 032121128582

Email: raschwerin@raschwerin.de

Website: www.raschwerin.de