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 is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken 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.atYou must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but this is not obligatory.
To meet the cancellation deadline, it is sufficient that you send your notification of exercising your right of cancellation before the cancellation period expires.
Consequences of the revocation
If you withdraw from this contract, we will reimburse all payments received from you, excluding delivery costs, without undue delay and at the latest within fourteen days from the day on which we received your notification of withdrawal. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise; in no case will you be charged any fees as a result of this reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
After receiving and inspecting the items, we will refund you the credit less a 15% restocking fee via the original payment method of your order.
You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you notify us of your withdrawal from 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 handling of the goods that is not necessary for testing their condition, properties and functionality.
The right of withdrawal does not apply to distance contracts for the supply 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, then a cancellation 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 consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only for notifications on paper)
Date
(*) Delete as appropriate.
1.3 tips for a smooth return
Please return the item(s) to us, if possible, complete and in their original packaging. Please use the return slip (please state the reason for return) and include it in the package. Using the return slip and the original packaging is not mandatory, i.e., not a prerequisite for exercising your right of return, but it simplifies and secures the processing for us. Misuse of the return option will incur costs. For items that are damaged or show signs of use, R-Trade GmbH will charge a reasonable fee for the reduction in value. The same applies if accessories are missing upon return of the goods and/or the packaging is damaged to such an extent that the goods are unsaleable. The mere fact that the consumer accepts the delivery of the goods is not, in itself, considered a reduction in value.
To prevent damage or loss of goods during transport, please ensure that the goods are properly packaged and correctly addressed for return. The return address and your sender details are already printed on our return slip. If you do not wish to use our return slip, please write 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 is to bear the costs of returning the goods as agreed.
1.4 The consumer has no right of withdrawal from contracts concerning
- a) Services, if the entrepreneur – based on an express request from the consumer pursuant to Section 10 FAGG and confirmation from the consumer of his knowledge of the loss of the right of withdrawal upon complete 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 performed,
- b) Goods or services whose price depends on fluctuations in the financial market which are beyond the control of the trader and which may occur within the withdrawal period,
- c) Goods that are manufactured according to customer specifications or are clearly tailored to personal needs,
- d) Goods which, after delivery, have become inseparably mixed with other goods due to their nature,
- e) the supply of digital content not stored on a tangible medium, if the trader – with the consumer’s express consent, combined with the consumer’s acknowledgment of the loss of the right of withdrawal if performance of the contract has commenced prematurely, and after providing a confirmation pursuant to Section 7(3) FAGG – has commenced delivery before the expiry of the withdrawal period pursuant to Section 11 FAGG,
- (f) Urgent repair or maintenance work where the consumer has specifically requested the trader to visit to carry out this work. If, during such a visit, the trader provides additional services that the consumer did not specifically request, or supplies goods that are not strictly necessary as replacement parts for the maintenance or repair, the consumer has the right to withdraw from the contract with regard to these additional services or goods.
Consumers have 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 supply of goods that are not prefabricated and for whose production an individual selection or specification by the consumer/contract partner is decisive or which are clearly tailored to the personal needs of the consumer/contract partner - these can be recognized by the necessary entry of the chassis number (= VIN/FIN/vehicle identification number) for an order.
The placement of a vehicle-specific order is subject to the provisions of the applicable right of withdrawal and is governed exclusively by the conditions applicable to businesses – thus excluding any rights of cancellation, return and exchange.
By placing an order, you confirm that you are not a private individual.
- of software products (z.B. OBDAPP, KECODI), which were used or executed.
- where the goods were damaged after being received by the consumer.
- for the supply of goods that can spoil quickly or whose expiration date would be quickly exceeded.
The right of withdrawal expires prematurely in the case of contracts
- for the supply of goods if, after delivery, they have become inseparably mixed with other goods due to their nature.
- for the supply of sealed electronic software/hardware products.
- for the supply of vehicle-specific retrofit/cable harness packages.
- for the supply of audio or video recordings or computer software in a sealed package if the seal has been broken after delivery.
