Cancellation policy

§ 6 REVOCATION AND WITHDRAWAL RIGHTS AND CONSEQUENCES FOR CONSUMERS UNDER FAGG (8..1 TO 8..8) OR KSCHG (6..9)

A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to his or her commercial or independent professional activity.

(1) You have the right to withdraw from this contract within thirty days without giving any reason.

(2) The revocation period is thirty days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the last partial consignment or the last item, or has taken possession of the last item if you have ordered goods that are delivered in several partial consignments or items.

(3) In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by sending an unambiguous declaration (e.g. a letter, fax or e-mail sent by post) to office@heimwerkertools.com. You can use the enclosed sample withdrawal form for this purpose. You can use the enclosed model withdrawal form for this purpose, which is, however, not mandatory.

(4) In order to comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

(5) Consequences of the revocation

If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within thirty days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without undue delay and in any event no later than thirty days from the day on which you notify us of the cancellation of this contract. The deadline shall be deemed to have been met if you send the goods before the expiry of the thirty-day period.

You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to the handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.

(6) Exclusion of the right of withdrawal

The right of revocation does not apply to contracts for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs.

§ 7 RIGHT OF RETENTION, RESERVATION OF OWNERSHIP

(1) The customer may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

(2) All goods delivered by us shall remain our property until payment has been made in full.

(3) For the duration of the retention of title, the customer is obliged to notify us immediately of any access by third parties to the goods subject to retention of title - e.g.: through seizure, as well as their damage or destruction - and to provide us with all information necessary to protect our right of ownership. Bailiffs or third parties are to be informed of the third-party ownership.

(4) In the event of the resale of goods subject to retention of title, the buyer hereby already assigns to us in a legally binding manner his purchase price claims from these contracts against his customers. The customer is obliged to inform us immediately of the name and address of the purchaser as well as the amount of the claims resulting from the resale.

§ 8 WARRANTY/OBLIGATION TO GIVE NOTICE

(1) The statutory provisions apply. Statutory warranty rights exist for all goods from our shop.

(2) As a consumer, the customer is requested to check the goods for completeness, obvious defects and transport damage immediately upon receipt and to notify the supplier and the carrier of any complaints as soon as possible. If the customer does not comply with this, this shall have no effect on the statutory warranty claims.

(3) If the customer is an entrepreneur, he must immediately inspect the delivered goods for defects. In order to safeguard the customer's rights, obvious defects must be notified to us without delay, whereby a maximum period of 3 working days from receipt of the delivery is agreed. In the case of defects which cannot be detected immediately despite proper inspection, the customer is obliged to notify us of the defect at the latest within 3 working days after discovery. In the event of failure to comply with the deadline, the delivered goods shall be deemed to have been approved without defects.

§ 9 LIABILITY

(1) The supplier shall be liable in each case without limitation for damages arising from injury to life, body or health, in all cases of intent and gross negligence, in the event of fraudulent concealment of a defect, in the event of the assumption of a guarantee for the quality of the object of purchase, in the event of damages under the Product Liability Act and in all other cases regulated by law.

(2) Insofar as essential contractual obligations are affected, the liability of the supplier in the case of slight negligence shall be limited to the foreseeable damage typical for the contract. Material contractual obligations are material obligations which arise from the nature of the contract and the breach of which would jeopardise the achievement of the purpose of the contract as well as obligations which the contract imposes on the provider according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and compliance with which the customer may regularly rely on.

(3) In the event of a breach of immaterial contractual obligations, liability is excluded in the case of slightly negligent breaches of obligations.

(4) Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of the art. In this respect, the provider is liable neither for the constant nor uninterrupted availability of the website and the service offered there.

§ 10 PLACE OF PERFORMANCE, PLACE OF JURISDICTION

(1) Austrian law shall apply.

(2) The place of performance shall be the registered office of our company in Gewerbepark 7, 4851 Gampern.

(3) In the case of deliveries by a forwarding agent, carrier or delivery service, the risk shall pass to the buyer when the goods are handed over to the carrier.
If the buyer is a consumer within the meaning of the KSchG, this shall only apply if the consumer himself/herself commissions a carrier, haulier or delivery service. In this case, the risk shall also pass to the buyer upon handover to the same.

(4) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.

(5) Insofar as the customer is not a consumer within the meaning of the KSchG, the place of jurisdiction for all disputes shall be
Gewerbepark 7, 4851 Gampern.