1. Consumer’s right of withdrawal
1.1. Unless a statutory exception applies, consumers within the meaning of the Consumer Protection Act (“B2C transactions”) may withdraw from a contract which was concluded outside of the entrepreneur’s business premises or a remote sales contract within fourteen days.
1.2. With regard to contracts for the delivery of goods, this period begins to run on the day on which the consumer or a third party it has nominated (which may not be the carrier of the goods) gains possession of the goods. If a contract is concluded for the purchase of several goods which form a single order, but are delivered separately, the period begins to run on the day when the consumer or a third party it has nominated (which may not be the carrier of the goods) gains possession of the last of the goods. To comply with the deadline, it is sufficient for the consumer to send the notice of its withdrawal before the end of the period.
1.3. The notice of withdrawal may be drawn up using this template and sent electronically to the following address: email@example.com. Consumers may also withdraw from the contract by sending an unambiguous notice of withdrawal to ACMIT Manufacturing GmbH (referred to hereinafter as “ACMIT”), Viktor Kaplan-Straße 2, A-2700 Wiener Neustadt.
1.4. There is no right of withdrawal for goods which are made according to the customer’s specifications, which have been adapted to suit personal needs, whose characteristics mean that they are not suitable for return, which perish quickly, or which have past their sell-by dates. Further, there is no right of withdrawal where digital content has been delivered which has not been saved on a physical data carrier.
1.5. If the consumer withdraws from the contract, ACMIT must reimburse any payments made by the consumer (including shipping costs) to the consumer within 14 days of receiving the notice of withdrawal and pay compensation for any necessary and expedient expenses incurred by the consumer in relation to the item. The same payment method which the consumer used for the original transaction will be used to make reimbursements/repayments. Other means of payment may be used if this has been agreed with the consumer and the consumer does not incur any costs by using that means of payment. ACMIT may refuse to make reimbursement/repayment until it receives the goods or proof from the customer that the returned goods have been sent back.
1.6. The consumer must return the goods it has received within 14 days of sending its notice of withdrawal to ACMIT. The period for return is complied with if the goods are sent within the period. The consumer must pay ACMIT a reasonable fee for the use of the goods, including compensation for any reduction in their fair market value. This does not apply to inspections of the characteristics and functionality of the goods.
1.7. The consumer must bear the direct costs of returning the goods.
2. ACMIT’s right of withdrawal/unauthorised withdrawal by the customer
2.1. In the event of default on acceptance or other compelling reasons, such as default on payment by the customer, ACMIT is entitled to withdraw from the contract, provided that the contract has not yet been completely discharged by both parties. In the event of a withdrawal where the customer is at fault, ACMIT may choose to either claim lump sum damages in the amount of 15% of the gross amount invoiced or compensation for the damage it has actually incurred. If the customer defaults on payment, ACMIT is released from all further obligations to render performance and make deliveries and is entitled to withhold any outstanding deliveries and performance due and to demand advance payment or collateral. Alternatively, it may set a reasonable grace period for performance, and, if this period should expire without performance being rendered, withdraw from the contract.
2.2. If the customer withdraws from the contract without just cause or demands its cancellation, ACMIT may choose to either insist on the performance of the contract or agree to the cancellation of the contract. In the latter case, ACMIT may choose to demand lump sum damages in the amount of 15% of the gross invoiced amount or compensation for the damage actually incurred from the customer.