Right of objection / right of withdrawal for consumers

of Physiotherm GmbH (Physiotherm for short), Physiothermstraße 1, A-6065 Thaur (Tel +43 (0)5223 54777, Fax +43 (0)5223 54777 1022, kundenservice@physiotherm.com). The details and information required to identify the contract within the meaning of the Distance and Foreign Transactions Act can be found in the order confirmation, the purchase contract, the Physiotherm General Terms and Conditions or the delivery note. If you are a consumer, you have legal rights of withdrawal under certain conditions (hereinafter referred to as the right of withdrawal). Your attention is drawn in particular to the following rights:

Right of withdrawal under the Consumer Protection Act (KSchG) and the Industrial Code (GewO)

Requirements, legal exclusion, deadlines

You can withdraw from your application for a contract or from the contract if you do not make your contractual declaration not

  • in the premises permanently used by Physiotherm for its business purposes (business premises) or
  • a stand used by Physiotherm for this purpose at a trade fair or market

have given. You also have this right of withdrawal if Physiotherm or a third party cooperating with it has given you

  • in the context of a promotional trip, an excursion or a similar event, or
  • by personally approaching him individually on the street to the premises used by Physiotherm for its business purposes.

You have this right of withdrawal not entitledif

  • you yourself have initiated the business relationship with Physiotherm or its representatives for the purpose of concluding the contract,
  • the conclusion of the contract was not preceded by discussions between the parties or their representatives,
  • the contract in which the mutual services are to be provided immediately and the agreed remuneration does not exceed € 25.00,
  • the contract is subject to the Distance and Foreign Transactions Act (e.g. when ordering via the Physiotherm online shop),
  • you have made contractual declarations in the physical absence of employees of Physiotherm or a third party attributable to it, unless you have been urged to do so by the aforementioned persons or Physiotherm.

You can declare your withdrawal within the following deadlines:

  • At any time until the contract is concluded.
  • Within 14 days after conclusion of the contract. This period begins with the delivery of the document within the meaning of § 3 KSchG (e.g. purchase contract with instructions, delivery note with instructions, etc.) to you; in the case of purchase contracts for goods, however, at the earliest on the day on which you obtain possession of the goods.
  • If no document has been issued, the withdrawal period ends in any case 12 months and 14 days after conclusion of the contract or delivery of the goods.

You may also withdraw from your application for a contract or from the contract under the above conditions if Physiotherm has violated regulations under trade law regarding the collection and receipt of orders for services (§ 54 GewO 1994), regarding the solicitation of private individuals and advertising events (§ 57 GewO 1994) or regarding the receipt of orders for goods from private individuals (§ 59 GewO 1994). In this case, you shall have the right to withdraw from the contract even if you initiated the business relationship with Physiotherm yourself for the purpose of concluding the contract or if the conclusion of the contract was not preceded by discussions between the parties involved or their representatives.

You may also withdraw from your contract application or from the contract if, without your instigation, circumstances relevant to your consent within the meaning of the KSchG, which Physiotherm has presented as probable in the course of the contract negotiations, do not occur or only occur to a considerably lesser extent.

You have this right of withdrawal not if

  • it already knew or should have known at the time of the contract negotiations that the relevant circumstances would not occur or would only occur to a significantly lesser extent,
  • the exclusion of the right of withdrawal has been negotiated in detail or
  • Physiotherm agrees to an appropriate adjustment of the contract.

In this case, withdrawal can be declared within one week. The period begins to run as soon as it becomes apparent to you that the relevant circumstances as defined by the KSchG do not occur or only occur to a significantly lesser extent. However, the right of withdrawal expires at the latest one month after the complete fulfilment of the contract by both contracting parties.

Form of the notice of withdrawal

The declaration of withdrawal is not bound to any particular form. The withdrawal deadline is met if the declaration of withdrawal is sent within the deadline.

Consequences of the withdrawal

If you withdraw from the contract by invoking the aforementioned rights of withdrawal, Physiotherm shall reimburse you concurrently for all services received, including statutory interest from the date of receipt, and reimburse you for the necessary and useful expenses incurred by you on the item; you shall return the services received and pay Physiotherm an appropriate fee for the use(usage fee), including compensation for any associated reduction in the fair value of the service/goods. Physiotherm shall notify you of this amount after the goods have been put on hold. You are obliged to pay this amount to Physiotherm within 14 days, free of charges and deductions.

The costs for the restitution are to be borne by the consumer.

If the restitution of the services already rendered by Physiotherm is impossible or impracticable, you shall compensate Physiotherm for the value thereof, insofar as it has been to your clear and predominant advantage.

 

Right of withdrawal according to Distance and Outward Transactions Act (FAGG)

Requirements, legal exclusion, deadlines

If the contract between you and Physiotherm was concluded at a distance (e.g. online, by telephone, fax, etc.) or outside business premises, you have a right of withdrawal under the FAGG.

You have this right of withdrawal not entitledif

  • a contract is concluded away from business premises and the fee payable by you does not exceed the amount of € 50,
  • contracts for services are concluded and Physiotherm - on the basis of your express request as well as your confirmation of your knowledge of the loss of the right of withdrawal in the event of complete fulfilment of the contract - has commenced performance of the service before the expiry of the withdrawal period and the service has then been fully performed,
  • a contract is concluded for goods that are manufactured according to customer specifications or are clearly tailored to personal needs,
  • a contract is concluded for goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided that their seal has been removed after delivery,
  • a contract has been concluded for urgent repair or maintenance work where you have expressly requested Physiotherm to visit you to carry out this work.

You may withdraw from a distance contract or an off-premises contract without giving reasons within the following time limits:

  • At any time until the contract is concluded.
  • Within 14 days,

in the case of service contracts, from the date of conclusion of the contract,

in the case of contracts of sale and other contracts for the acquisition of goods for consideration

  • from the day on which you or a third party named by you and not acting as carrier obtains possession of the goods, or
  • if you have ordered several goods as part of a single order which are delivered separately, from the day on which you or a third party named by you who is not acting as a carrier acquires possession of the last goods delivered,
  • in the case of delivery of goods in several partial consignments, from the day on which you or a third party not acting as a carrier and named by you acquires possession of the last partial consignment,
  • in the case of contracts for the regular delivery of goods over a fixed period of time, from the day on which you or a third party not acting as a carrier and designated by you acquires possession of the goods first delivered,
  • If Physiotherm has not complied with its duty to inform, the withdrawal period shall be extended by 12 months, so that the maximum withdrawal period shall be 12 months and 14 days .
  • If Physiotherm makes up for the provision of information within 12 months of the date relevant for the start of the period, the withdrawal period shall end 14 days after the date on which you received this information.

Form of the notice of withdrawal

The declaration of withdrawal is not bound to any particular form, but must be clearly recognisable as a declaration of withdrawal. The withdrawal deadline shall be deemed to have been met if the declaration of withdrawal is sent within the deadline. You may use the cancellation form provided by Physiotherm for this purpose. However, this is not obligatory.

Consequences of the withdrawal

If you withdraw from the contract on the basis of the right of withdrawal pursuant to the FAGG, Physiotherm shall repay all payments that Physiotherm has received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the most favourable standard delivery offered by Physiotherm), without delay and at the latest within 14 days from the day on which the declaration of withdrawal was received by Physiotherm. For this repayment, Physiotherm shall use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you. Under no circumstances will you be charged any fees for this repayment.

If you withdraw from a purchase contract or any other contract for the acquisition of goods against payment, you must return the goods received to Physiotherm without delay, but at the latest within 14 days of submission of the declaration of withdrawal, unless otherwise agreed. The deadline shall be deemed to have been met if the goods are dispatched within the deadline.

The direct costs of returning the goods are to be borne by you. The return costs of goods that cannot be returned normally by post cannot reasonably be calculated in advance. The costs for the return shipment depend on the daily transport costs at the time of the return shipment. These depend in particular on the size, weight and quantity of the goods as well as the distance between the place of dispatch and the place of delivery. The costs for returning the goods ordered by you are estimated at a maximum of approx. 280 € per pallet (1 infrared cabin or heated lounger).

You must compensate Physiotherm for any loss in value of the goods if this is due to handling that is not necessary for testing the condition, properties and functioning of the goods.

In the event of withdrawal from purchase contracts and other contracts for the acquisition of goods against payment, Physiotherm may refuse repayment until Physiotherm has received the goods back or you have provided proof that you have returned the goods.

If you have requested that the services commence during the withdrawal period, you shall pay Physiotherm a reasonable amount corresponding to the proportion of the services already performed up to the time you notify Physiotherm of the exercise of the right of withdrawal with respect to this contract in comparison to the total scope of the services provided for in the contract.