Power of revocation for purchasers from Austria

 

Consumers have the right to withdraw with respect to goods purchased as stipulated in the regulations provided by §§ 5a ff of the Consumer Protection Law. Consumers can return the items received within 7 working days without stating reasons by return shipment of the goods. The deadline starts no sooner than when the goods, together with these instructions in writing, are received. In the case of goods that cannot be shipped in package form (e.g. bulky items) the return shipment can be announced by making a written request that the goods be taken back, either by letter, fax or e-mail. In order to remain within the deadline it is sufficient to send the items or the notice of withdrawal in a timely manner. The return shipment or the notice of withdrawal must be sent to: Tauchsport -TSG, Proprietor Glinik Helmut, Welzeneggerstr.80, 9020 Klagenfurt, Austria, e-mail.: tsg@chello.at. The right of withdrawal is granted in accordance with § 5f of the Consumer Protection Law and does not apply to contracts for the delivery of goods made specifically to the customer’s specifications or clearly tailored to the customer’s personal needs, goods that are not suitable for return shipment due to their composition, could quickly decay or where the use-by-date has been exceeded, the delivery of audio or video recordings or software, where the data volumes shipped have been unsealed by the customer or the delivery of newspapers, journals and illustrated magazines. In the case of a valid revocation each party shall return the received services and, if applicable, any derived benefits (e.g. compensation for use). If the consumer is unable to return the received goods in their entirety or partially, or the goods are returned in a deteriorated condition, an obligation for value replacement may be applicable. This does not apply to wear and tear caused by usage that complies with the intended mode of utilisation.

Furthermore, when the consumer is unable to return the received goods in their entirety or partially, or the goods are returned in a deteriorated condition, the obligation to pay a compensation does also not apply if the deterioration of the item is due to a testing procedure, that could have been carried out if the purchase had been made in a retail store. In Austria the following applies to unused goods in their original packaging: Right to return within 7 working days. Saturdays do not count as working days. There is a 2-year guarantee in accordance with EU law. End of cancellation terms and conditions.

 

Power of revocation for purchasers from Germany

In accordance with the provisions of the Distance Selling Act consumers have a right of withdrawal with regard to purchased goods according to the following instructions: Any consumer has the right to revoke his/her contractual statement in writing, without stating reasons, within 1 month of receipt of the goods (e.g. letter, fax or e-mail) or by returning the goods. The time limit starts when the written instructions are provided to the customer (not before) and no sooner than the date of the receipt of the goods. To meet the deadline it is sufficient to send the revocation or the item in a timely manner. The revocation should be addressed to: Tauchsport-TSG, Proprietor Glinik Helmut, Welzeneggerstr.80, 9020 Klagenfurt, Austria, e-mail.: tsg@chello.at. The right to revocation is granted in accordance with § 312 paragraph 4 of the Civil Code and, amongst others, does not apply to contracts for the delivery of goods that have been specifically made according to customer specifications or have clearly been tailored to personal requirements. In case of a valid revocation, both parties have to return the received goods as well as any derived benefits (e.g. interest). If the consumer is unable to return the received goods in their entirety or partially, or the goods are returned in a deteriorated condition, an obligation for value replacement exists. This does not apply to the surrender of goods where the deterioration of the item can be exclusively attributed to a testing procedure that could have been carried out, if the purchase had been made in a retail store. Items that can be packaged should be sent back; items that cannot be packaged are collected from the consumer. The consumer bears the cost of returning the goods, if the delivered goods correspond to the goods ordered and the price of the item does not exceed an amount of EURO 40.- or, where the price is higher, if the consumer has not made full or contractually agreed partial payment in return for services rendered at the time of revocation. In all other cases the return is free of charge for the consumer.

End of cancellation terms and conditions.

 

For overseas purchasers the respective Consumer Protection Regulations of the purchaser’s country are applicable. There is a 2-year guarantee in accordance with EU law.