1. Right of withdrawal for consumers
The following right of withdrawal applies only to consumers:
Cancellation policy
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.
To exercise your right of withdrawal, you must inform us (R-Trade GmbH, Twin Tower, Wienerbergstrasse 11/ 12A, 1100 Vienna, Austria, info@upgrademycar.at) by means of a clear statement (e.g. a letter sent by post, fax, or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, but this is not mandatory.
To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you cancel this contract, we will refund all payments we have received from you, excluding delivery costs, promptly and at the latest within fourteen days from the date on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
After receiving and inspecting the items, we will refund the credit less a 15% restocking fee via the original payment method used for your order.
You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. You will bear the direct cost of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.
The right of withdrawal does not apply to distance contracts for the delivery of sound 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 Section 1 of the Austrian Commercial Code (UGB), revocation is completely excluded.
1.2 Sample cancellation form
(If you wish to cancel the contract, please fill out this form and return it.)
To
R-Trade GmbH
Twin Tower
Wienerbergstrasse 11/ 12A
A-1100 Vienna
info@upgrademycar.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 if notification is made on paper)
Date
(*) Delete as appropriate.
1.3 tips for a smooth return
Please return the item(s) to us, complete and in their original packaging, if possible. Please use the return slip (please state the reason for return) and enclose it with the package. Using the return slip and the original packaging is not a requirement for asserting your rights, but it simplifies and secures our processing. Misuse of the return option will incur costs. For items that show signs of wear or damage, R-Trade GmbH will charge a reasonable fee for the loss of value. The same applies if accessories are missing upon return and/or packaging is so damaged that the item is unsaleable. Acceptance of the delivery of goods by the consumer is not, in itself, considered a loss of value.
To avoid transport damage or loss, please return the goods properly packaged and correctly addressed. The return address and your sender information are already printed on our return slip. If you do not use our return slip, please write your sender information 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 for
- a) services, if the entrepreneur – on the basis of an express request from the consumer pursuant to Section 10 FAGG and a confirmation from the consumer that he is aware of the loss of the right of withdrawal upon full performance of the contract – had begun to perform the service before the expiry of the withdrawal period pursuant to Section 11 FAGG and the service was then fully provided,
- b) goods or services whose price depends on fluctuations in the financial market over which the trader has no control and which may occur within the withdrawal period,
- c) goods that are made to customer specifications or are clearly tailored to personal needs,
- d) goods which, after delivery, have been inseparably mixed with other goods due to their nature,
- e) the supply of digital content not stored on a physical data carrier, if the trader has commenced delivery before the expiry of the withdrawal period pursuant to Section 11 FAGG, with the express consent of the consumer, combined with the consumer's acknowledgement of the loss of the right of withdrawal in the event of premature commencement of the contract performance, and after providing a confirmation pursuant to Section 7 (3) FAGG,
- f) urgent repair or maintenance work for which the consumer has expressly requested the trader to visit the trader to carry out such work. If, during such a visit, the trader provides additional services not expressly requested by the consumer or supplies goods that are not essential as spare parts for the maintenance or repair, the consumer shall have the right of withdrawal with regard to those additional services or goods.
Finally, the consumer has no right of withdrawal 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 whose production 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.
The triggering of a vehicle-specific order takes place in accordance with the provisions of the valid right of withdrawal exclusively under conditions that apply to commercial operators - 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, KECODI) that were used or executed.
- where the goods were damaged by the consumer after receipt.
- for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded.
The right of withdrawal expires prematurely for contracts
- for the delivery of goods if, after delivery, they have been inseparably mixed with other goods due to their nature.
- for the supply of sealed electronic software/hardware products.
- for the delivery of vehicle-specific retrofit/cable harness packages.
- for the supply of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery.
