Right of withdrawal
1. Right of withdrawal for consumers
The following right of withdrawal only applies to consumers:
Right of withdrawal
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reasons.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.
In order to exercise your right of withdrawal, you must inform us (R-Trade GmbH, Twin Tower, Wienerbergstrasse 11/ 12A, 1100 Vienna, Austria, suspension@gg2.at) by means of a clear statement (e.g. a letter sent by post, fax or email) about your decision to withdraw from this contract. You can use the attached sample cancellation form, although this is not mandatory.
In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.
Consequences of revocation
If you revoke this contract, we must repay all payments we have received from you, excluding delivery costs, immediately and no later than fourteen days from the day on which we received notification of your revocation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.
After receipt and inspection of the items, we will refund you the credit minus 15% restocking fees via the original payment method for your order.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired. You bear the direct costs of returning the goods.
You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functionality of the goods.
The right of withdrawal does not apply to distance selling contracts for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.
1.1 If the customer is an entrepreneur according to §1 UGB, revocation is completely excluded.
1.2 Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back.)
At
R-Trade GmbH
Twin Towers
Wienerbergstrasse 11/ 12A
A-1100 Vienna
suspension@gg2.at
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only for paper notification)
Date
(*) Delete what is not applicable.
1.3 Instructions for a return shipment that goes as smoothly as possible
If possible, please send the item back to us completely in the original packaging. Please use the return slip (please enter the reason for return) and enclose it in the package. The use of the return slip and the original packaging is not a “must”, i.e. not a prerequisite for asserting your rights, but it simplifies and secures the process for us. Improper use of the return option will result in costs. For items that are impaired or damaged by signs of use, R-Trade GmbH will charge an appropriate fee for the reduction in value. The same applies if accessories are missing when the goods are returned and/or packaging is so damaged that the goods cannot be sold. The acceptance of the delivery of goods by the consumer is not in itself to be viewed as a reduction in value.
In order to avoid damage to the goods or loss of the goods during transport, the goods must be returned properly packaged and correctly addressed. The return address and your sender details are already printed on our return slip. If you do not use our return slip, please note your sender details on the package and send the goods to our warehouse address:
GG2 vehicle technology
Attn: R-Trade GmbH
Bahnhofstrasse 103
8401 Kalsdorf near Graz
Austria
The customer must bear the costs of returning the goods as agreed.
1.4 The consumer has no right of withdrawal from contracts
- a) Services if the entrepreneur - on the basis of an express request from the consumer in accordance with Section 10 FAGG and a confirmation from the consumer that he is aware of the loss of the right of withdrawal if the contract is fully fulfilled - has begun to carry out the service before the end of the withdrawal period in accordance with Section 11 FAGG and the service was then fully provided,
- b) goods or services whose price depends on fluctuations on the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period,
- c) Goods that are manufactured to customer specifications or are clearly tailored to personal needs,
- d) Goods that, due to their nature, were inseparably mixed with other goods after delivery,
- e) the delivery of digital content that is not stored on a physical data carrier, if the entrepreneur - with the express consent of the consumer, combined with his knowledge of the loss of the right of withdrawal if the fulfillment of the contract begins prematurely, and after providing confirmation in accordance with Section 7 Paragraph 3 FAGG – the delivery began before the withdrawal period according to § 11 FAGG expired,
- f) urgent repair or maintenance work for which the consumer has expressly requested the entrepreneur to visit to carry out this work. If, during such a visit, the entrepreneur provides additional services that the consumer has not expressly requested, or if he supplies goods that are not necessarily required as spare parts for maintenance or repair, the consumer has the right to withdraw from the contract with regard to these additional services or goods.
Ultimately, the consumer has no right to withdraw from contracts concluded at a public auction.
Exclusion of the right of withdrawal
The right of withdrawal does not apply to contracts
- for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer/contractual partner is decisive or which are clearly tailored to the personal needs of the consumer/contractual partner - you can recognize these by the necessary entry of the chassis number ( = VIN / FIN / vehicle ident number) for an order.
In accordance with the provisions of the valid right of withdrawal, a vehicle-specific order is placed exclusively under conditions that apply to traders - thus excluding any cancellation, return or exchange rights.
By placing an order you confirm that you are not a private individual.
- of software products (e.g. OBDAPP) that were used or executed.
- where the goods were damaged after receipt by the consumer.
- for the delivery of goods that can spoil quickly or whose expiry date would quickly be exceeded.
The right of withdrawal expires prematurely for contracts
- for the delivery of goods if, due to their nature, they were inseparably mixed with other goods after delivery.
- to supply sealed electronic software/hardware products.
- for the delivery of vehicle-specific planned retrofit/cable set packages.
- to deliver audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.