in turn or one after the other 12:13 Jan 27
I don't think you were too far off the mark, Martina. It may be along the following lines:
"If the right to withdraw from the contract under item 6 section a is exercised, the following actions will ensue consecutively. XX must reimburse the customer for his payments and compensate him for all necessary and beneficial outlay. The customer must return the received benefits and services (direct costs of return must be borne by the customer as agreed) and reimburse XX adequately for their use, including compensation for dilapidations if the customer has consumed or made use of the goods in a manner incompatible with the principles of good faith or justified enrichment. The customer's taking possession of the goods shall not be regarded in itself as reducing their value."
I used "dilapidations" because that is the term used for reduction in value of property owned by the German State (Bund) and made available for the use of the British Forces (eg barracks) and set against "residual value" (compensation for improvements/development funded by the UK) when the Forces relinquish the property. Finally, shouldn't it be "...der gerechtfertigten Bereicherung unvereinbare..."? |