Right of objection/cancellation 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 Off-Premises Transactions Act can be found in the order confirmation, the purchase contract, Physiotherm's General Terms and Conditions or the delivery bill. If you are a consumer, you have statutory rights of revocation/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 Trade Regulation Act (GewO)
Requirements, legal exclusion, deadlines
You can withdraw from your contract application or from the contract if you do not fulfill your contractual 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 submitted. You also have this right of withdrawal if Physiotherm or a third party cooperating with it
- as part of a promotional trip, excursion or similar event or
- by approaching them personally and individually on the street in the rooms used by Physiotherm for its business purposes.
You are not entitled to this right of withdrawal not entitledif
- you yourself have initiated the business relationship with Physiotherm or its agents 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 rendered immediately and the agreed remuneration does not exceed € 25.00,
- the contract is subject to the Distance and Off-Premises Transactions Act (e.g. for orders via the Physiotherm online store),
- 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 bill 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 certificate has been issued, the withdrawal period shall in any case end 12 months and 14 days after conclusion of the contract or delivery of the goods .
Under the above conditions, you may also withdraw from your contract application or from the contract if Physiotherm has violated trade law regulations on the collection and acceptance of orders for services (§ 54 GewO 1994), on the solicitation of private individuals and advertising events (§ 57 GewO 1994) or on the acceptance of orders for goods from private individuals (§ 59 GewO 1994). In this case, you have a right of withdrawal even if you yourself initiated the business relationship with Physiotherm for the purpose of concluding the contract or if the conclusion of the contract was not preceded by discussions between the parties 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 Consumer Protection Act, which Physiotherm has presented as probable in the course of the contract negotiations, do not occur or only occur to a considerably lesser extent.
This right of withdrawal is not if
- it already knew or should have known during 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 you realize that the relevant circumstances within the meaning of 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 complete fulfillment of the contract by both contracting parties.
Form of the declaration of withdrawal
The declaration of withdrawal is not bound to any particular form. The withdrawal deadline is deemed to have been met if the declaration of withdrawal is sent within the deadline.
Consequences of the withdrawal
If you rescind the contract by invoking the aforementioned rights of rescission, 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 in connection with the goods; you shall return the services received and pay Physiotherm a reasonable fee for the use(usage fee), including compensation for any associated reduction in the fair market value of the service/goods. Physiotherm will disclose this amount after the deferral. 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 it is impossible or impracticable to restore the services already provided by Physiotherm, you shall reimburse Physiotherm for their value to the extent that they have been of clear and predominant benefit to you.
Right of withdrawal according to Distance and Off-Premises Transactions Act (FAGG)
Requirements, legal exclusion, deadlines
If the contract between you and Physiotherm was concluded by distance selling (e.g. online, telephone, fax, etc.) or outside of business premises, you have a right of withdrawal in accordance with the FAGG.
You are not entitled to this right of withdrawal not entitledif
- a contract is concluded outside business premises and the fee to be paid by you does not exceed the amount of € 50,
- contracts for services are concluded and Physiotherm - on the basis of your express request and your confirmation of your knowledge of the loss of the right of withdrawal in the event of complete fulfillment of the contract - has started to perform the service before the expiry of the withdrawal period and the service has then been provided in full,
- a contract is concluded for goods that are manufactured according to customer specifications or are clearly tailored to personal requirements,
- 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 the seal has been removed after delivery,
- a contract has been concluded for urgent repair or maintenance work for which you have expressly requested Physiotherm to visit you to carry out this work.
You can withdraw from a distance contract or a contract concluded outside business premises within the following periods without giving reasons:
- At any time until the contract is concluded.
- Within 14 days,
for service contracts from the day the contract is concluded,
for sales contracts and other contracts for the purchase of goods against payment
- from the day on which you or a third party named by you who is not acting as a 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, not acting as a carrier, acquires possession of the last goods delivered,
- in the case of delivery of goods in several partial shipments, from the day on which you or a third party named by you who is not acting as the carrier acquires possession of the last partial shipment,
- 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 named by you, not acting as a carrier, 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 is 12 months and 14 days.
- If Physiotherm provides the information within 12 months of the date on which the period begins, the withdrawal period ends 14 days after the date on which you received this information.
Form of the declaration of withdrawal
The declaration of withdrawal is not bound to any particular form, but must be clearly recognizable as a declaration of withdrawal/cancellation. The withdrawal period shall be deemed to have been observed if the declaration of withdrawal/cancellation is sent within the period. You may use the withdrawal form provided by Physiotherm for this purpose. However, this is not obligatory.
Consequences of the withdrawal
If you withdraw from the contract based on the right of withdrawal pursuant to the FAGG, Physiotherm shall reimburse all payments 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 cheapest standard delivery offered by Physiotherm), immediately and at the latest within 14 days from the day on which Physiotherm receives the notice of withdrawal. For this repayment, Physiotherm will use the same means of payment that you used for 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 purchase of goods against payment, you must return the goods received to Physiotherm immediately, but at the latest within 14 days of submitting the declaration of withdrawal, unless otherwise agreed. The deadline is met if the goods are dispatched within the deadline.
The direct costs of returning the goods shall be borne by you. The return costs for goods that cannot normally be returned by post cannot reasonably be calculated in advance. The costs for the return shipment depend on the current transportation costs at the time of the return shipment. These depend in particular on the size, weight and quantity of the goods and 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 functionality of the goods.
In the event of withdrawal from purchase contracts and other contracts for the purchase 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 should commence during the withdrawal period, you shall pay Physiotherm a reasonable amount corresponding to the proportion of the services already provided by the time you inform Physiotherm of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.