9) Cancellation of Purchases and the Right to Returns
The customer’s right to withdrawal in accordance with Consumer Protection Law §1 (öKSchG):
In a purchase contract between Spur-A-Min® and a consumer by way of a remote sales contract, the following shall apply:
1. The right to cancel
You have the right to withdraw from the contract within 14 days without stating a reason. The withdrawal period spans 14 days from the day you or a nominated third party, who is not a carrier/promoter, come or came into possession of the specified goods. To exercise your right to withdraw, you must inform us:
Spur-A-Min® Handelsgesellschaft mbH
Paul Petersgasse 2, 2384 Breitenfurt, Austria
Tel: +43 (0) 2239 3171
by means of a clear declaration (e.g. in a letter by post, fax, or eMail) regarding your intent to withdraw from the contract. When you make use of this opportunity, we shall communicate to the consumer an acknowledgement of receipt of such a withdrawal without delay (i.e. by eMail). From the moment you possess the goods, and in any case at the latest within 14 days of the date upon which the notice of withdrawal was sent, you must return the goods to us. The deadline is met as long as you send the goods before the expiration of the 14 day deadline.
2. Consequences of cancellation
If you cancel the contract, all payments that we have received from you, including delivery costs (but excluding the extra costs spent on methods of delivery chosen other than the standard, cheapest delivery choice offered), must be paid back to you immediately, or at the latest within 14 days of the date upon which we received the communication stating the intent to cancel the contract. We may refuse to refund the money until we have received the goods, or until you have provided evidence that the goods have been sent back, whichever is the earlier point in time. The buyer must bear the immediate cost of sending back the goods. You can only be held liable for a possible depreciation of value of the goods due to handling other than that which is necessary to ascertain the quality, characteristics and functionality of the goods.
3. Exclusions from the right to cancel
The right of cancellation does not apply to contracts
- for the delivery of analyses of samples sent in. All analyses or evaluations and the preparations thereof are excluded from the right to return upon receipt of the samples to be analysed by Spur-A-Min®.
- for the delivery of goods which are not prefabricated, or which for their manufacture require personalisation or a determination to be decided by the purchaser, or which clearly have been tailored or adapted to the specific needs of the customer.
- for the delivery of sealed goods, which on grounds of health protection or hygiene are unsuitable to be returned if the seal has been broken after delivery.
- for the delivery of goods which after delivery are deemed, on grounds of quality and condition, to be inseparably connected to other goods.
You can download the returns form here: Returns Form (pdf).
End of Cancellation/Returns Instructions.
Place of Fulfilment/Jurisdiction
Place of Fulfilment/Jurisdiction – LG Wiener Neustadt, Austria. All of our contracts will be exclusively governed by Austrian law to the exclusion of UN purchase rights. This occurs even if the buyer’s location is situated abroad.
For commercial customers the place of fulfilment and jurisdiction is the business location of Spur-A-Min® unless mandatory legislation states otherwise.
This English translation is only for informative purposes, and is not a legally binding document.
Any legal obligations are based exclusively on the original German, therefore please make sure you refer to the original German text