You can revoke your contract declaration within 14 days without giving reasons in text form (eg letter, fax, e-mail) or - if the thing is left to you before the deadline - by returning the item. The deadline begins upon receipt of this instruction in text form, but not before receipt of the goods by the consignee (in case of recurring delivery of similar goods not before receipt of the first partial delivery) and also not before fulfillment of our information requirements pursuant to Article 246 § 2 in connection with § (1) and (2) of the German Civil Code as well as our obligations pursuant to § 312e (1) sentence 1 BGB in conjunction with Article 246 § 3 of the German Civil Code. The timely dispatch of the revocation or of the goods is sufficient to ensure the revocation period. The revocation must be sent to:
Westa GmbH represented by the managing director Alexander Stabinger, Gewerbepark Süd 24, 6068 Mils, Austria, Fax: +43 5223 41 881 30, Email: firstname.lastname@example.org
Consequences of withdrawal
In the case of an effective revocation, the services received by the customer must be returned and any benefits (eg interest) drawn. If you are unable to return the received performance in whole or in part or in a deteriorated condition, you must provide us with a decree. This does not apply to the transfer of goods if the deterioration of the goods is due solely to their examination - as it would have been possible for you in the store business, for example. In addition, you can avoid the obligation to pay a price for a deterioration caused by the intended use of the goods by not using the goods as your property and omit anything that might impair their value. Transportable items are to be returned at our risk. You have to bear the cost of returning.
Address for returns:
Business Park South 24
Obligations to reimburse payments must be met within 30 days. The period begins for you with the sending of your declaration of revocation or the thing, for us with their receipt.
End of revocation
Please avoid damage and contamination. If possible, please return the goods to us in original packaging with all accessories and with all packaging components. If necessary, use a protective outer packaging. If you no longer own the original packaging, please provide adequate packaging to ensure adequate protection against transport damage in order to avoid damage claims due to defective packaging.
Please return the goods as a prepaid package to us and keep the delivery document.
Please note that the procedures set out in the Return (I) and Return (II) items are not required for effective exercise of the right of revocation.
Without prejudice to the right of withdrawal as set forth in clause 4 of the terms and conditions as well as to the warranty provisions pursuant to clause 6, the seller offers the consumer the option to exchange purchased articles due to non-compliance or non-appropriate size within 14 (fourteen) days after receipt of the goods in accordance with the following provisions.
In order to make an exchange, the consumer has to register this with the seller, provided that the goods are not returned within the time specified in section 5. The deadline set out in section 5 is complied with, if the exchange is announced in time by e-mail, fax or letter via the contact details given in section 4.
There is no possibility of exchange for shipping outside the European Union.
Goods deliveries are to be returned for the purpose of exchange by means of known transport service companies. Unauthorized goods for the purpose of exchange shall not be accepted. Furthermore, the customer must ensure that the returned goods are in a state which corresponds to normal use for the purpose of testing the passport or function test as in a shop shop and, if necessary, is still in the original packaging.
The seller does not accept the return costs for an exchange. The costs incurred in the event of an exchange by the dispatch shall be borne by the customer. Therefore, the customer has to postpone the return sufficiently.
Warranty and warranty conditions
The Seller shall provide warranty and guarantee in accordance with the following paragraphs. Seller's own warranties, provided this is expressly stated in the product description; the mere presentation of the articles in the online shop is therefore basically only a pure description of the performance. This does not affect the warranty claims of third parties, in particular manufacturing guarantees.
All inquiries and / or complaints of any kind are to be addressed to the seller. Contact details can be found under 4 in this contract.
Consumers are only entitled to demand supplementary performance in the event of defects in the delivered goods and in this respect to choose between rectification of defects and replacement delivery. However, the seller is entitled to refuse the selected type of supplementary performance if this is possible only at disproportionate costs and the other type of supplementary performance, e.g. the removal of defects without substantial disadvantages for the consumer.
If the supplementary performance has failed, the consumer may demand his right to withdraw from the contract if he previously requested a purchase price reduction (reduction of the purchase price). Damages or replacement of futile expenses. If he requires compensation for damages or compensation for futile expenses, the limitations on liability pursuant to No. 12 of these terms and conditions apply.
In the case of entrepreneurs, the seller has the choice of supplementary performance.
Entrepreneurs shall notify the Seller of any obvious defects of the goods in writing or in text form within 2 (two) weeks from receipt of the goods, otherwise the assertion of the warranty right shall be excluded. The punctual sending of the defect notification is sufficient to meet the deadline.
The period of limitation for the rights of a consumer in the case of defects in a case is 2 (two) years, for the rights of an entrepreneur 1 (one) year - from delivery of the goods to the customer. The foregoing limitation of limitation does not apply if the seller is liable according to clause 11 of these terms of business or is concerned with the right in rem of a third party on the basis of which the delivery of the delivery item can be demanded.