Initiation of cancellation
(1) Cancellation right for consumers in Austria If the sales contract takes effect exclusively by means of remote communication, as described in § 5a para. 2 KSchG (Consumer Protection Act), the consumer may cancel his/her order within 14 days of receipt of goods or ordering services, whereby Saturdays are not considered working days, in writing (email, letter, fax) or by returning the goods, with no justification required. In accordance with § 5a para. 2 KSchG the consumer must receive written confirmation of the information referred to in § 5c para. 1 lines 1 – 6 KSchG in good time during the performance of the contract, and at the latest at the time of delivery where goods not for delivery to third parties are concerned, unless the information has already been given to the consumer prior to conclusion of the contract in writing. This written confirmation (provision of information) can also be provided on a medium that is permanent for the consumer. In accordance with § 5e KschG, the deadline shall commence following receipt of this notification in text form, but not before the goods have reached the recipient (in case of repeated deliveries of similar goods, not prior to the receipt of the first partial delivery). If the obligation to provide information in accordance with § 5d paras. 1 and 2 KSchG is breached, the consumer has the right to cancel within a period of 3 months. If the entrepreneur fulfils its obligation to provide information by this deadline, the period for exercising the right to cancel stated in § 5a Abs 2 KSchG starts from the time of notification by the entrepreneur. The deadline shall be deemed met if timely written notification of cancellation is sent to:

Warm-ME GmbH
Stelzhamerstrasse 5a
5020 Salzburg
Tel: 0043 662 879270
E-Mail: office@warm-me.com

The following transactions are excluded from the right to cancel:

• Sales contracts for products that have been individually produced according to customer specifications and explicitly tailored to personal requirements (particularly custom products, modifications, etc.)
• Sales contracts whereby goods purchased are also linked with services
• Service contracts that commenced within 7 working days of conclusion of the contract in accordance with the consumer
• Sales contracts for software if the goods ordered have been unsealed.
• Warranty extensions and expansions that have already been opened or registered.

Consequences of cancellation

In the event of a valid cancellation, the payments or goods received by both parties are to be restored and, if necessary, any profit drawn (e.g. interest) surrendered. If you are not able to return the payments or goods, including profits drawn (e.g. compensation for use) to us in whole or in part or only in a deteriorated condition, you must provide us with appropriate compensation for the value. You must pay compensation to the value for deterioration or for profits drawn, insofar as the profits or deterioration are due to actions with the goods that exceed the inspection of properties and function. “Inspection of properties and function”
consists of testing and trying out the respective goods, as is permissible and common in shops.

The consumer may avoid this liability to pay compensation if he does not use the items as his own property and refrains from any actions that may reduce the value of the item. In accordance with § 5g para. 2 KSchG it is agreed that the consumer is responsible for the costs of return transport, regardless of the value of goods. Therefore you must bear the cost of returning goods in the event of cancellation. Services that have already been rendered and that are therefore not subject to cancellation are deducted from the purchase price to be refunded to the customer and/or are billed to the customer in the event of non-acceptance and treated as an outstanding claim.