Right of withdrawal
Right of withdrawal of the consumer according to § 11 FAGG:
The customer, who is a consumer within the meaning of the Consumer Protection Act (KSchG), can withdraw from a contract concluded outside the business premises of the entrepreneur or from a distance contract - so no legal exception applies - within fourteen working days.
The withdrawal period is fourteen calendar days. In contracts for the delivery of goods, it begins on the day on which the consumer (customer) or a third party named by him, who is not the carrier, has taken possession of the goods. In the case of a contract for several goods that are ordered and delivered separately in a single order, from the day on which the consumer (customer) or a third party named by him, who is not the carrier, has taken possession of the last goods . It is sufficient if the consumer (customer) has sent the cancellation notice within the period.
The declaration of withdrawal can be made using the model withdrawal form, available on the website www.ft-tec.com also done electronically.
The right of withdrawal does not exist for goods that are made according to customer specifications, that are clearly tailored to personal needs, that, due to their nature, are not suitable for a return, that can spoil quickly or whose expiry date has passed (Section 18 (1) FAGG).
If the consumer (customer) withdraws from the contract, the ENTREPRENEUR has to make the payments made by the consumer (customer) including the delivery costs (with the exception of the additional costs that result from the fact that the consumer (customer) has a different type of To reimburse delivery as the cheapest standard delivery offered by the entrepreneur) and to replace the necessary and useful effort made by the consumer (customer) and to put back the goods received by the consumer (customer) and to the ENTREPRENEUR a reasonable fee for the use , including compensation for a related reduction in the fair value of the goods.
With regard to the product FT-TEC SEAANGEL SA14-SART / MOB / KIDS / SURF, the following is communicated in this context:
1. / This device is a modern AIS sea rescue transmitter, the battery life of which is designed so that this battery complies with the relevant legal standards in terms of its operating time. When activating the device, especially when activating the test mode of the device, the instructions in the product's operating instructions must be strictly observed.
2. / The emergency operation of this device cannot be tested by the customer. As soon as the emergency call mode of the device has been activated, the device must be sent to FT TEC Electronics GmbH for maintenance, especially since it then no longer complies with the legal standards. The device is completely canceled by activating the emergency call mode. After activating the emergency call once, the device no longer complies with the relevant legal standards and has therefore lost its functionality. In this case, the device has completely lost its market value. Reference is made to the relevant explanations in the operating instructions on pages 18 ff.
3. / The customer is advised that the device for testing its functionality has its own test operation. The execution of the test operation is described in the operating instructions on pages 24 ff. Under no circumstances can the device be tested by activating the emergency call mode. Activation of the emergency call mode is neither intended nor necessary to check the nature, properties or functionality of the device and leads to complete devaluation of the device.
4. / The device is protected against inadvertent activation of the emergency call operation by a seal. To activate the emergency call mode of the device, the customer must remove the seal in advance. If, therefore, the customer returns the device after removing the seal and activating the emergency call in the course of a revocation by FT-TEC Electronics GmbH, the customer is entitled to § 15 Paragraph 4 of the Distance and Foreign Trade Act (FAGG) Refund of the purchase price completely lost. The purchase price can no longer be refunded to the customer after removal of the seal and activation of the emergency operation of the device, especially since the customer has completely devalued the device through this procedure.
5. / As described on pages 24 ff. Of the operating instructions, the device has its own test mode. It is pointed out, however, that an unlimited period of use of the device can only be achieved if the test operation is only carried out once a year. If the test operation of the device is activated more than once a year, the customer has to send the device back to FT TEC Trading GmbH for maintenance and this will result in maintenance costs of EUR 200. The market value of the device is reduced by the mandatory maintenance costs of EUR 200.
Should the customer return the device to FT TEC Trading GmbH after exercising its right of withdrawal after several test runs, FT TEC Electronics GmbH will pay an amount equal to the cost of the required maintenance or as a replacement for the reduction in market value that has occurred withheld from EUR 200, -.
The consumer has to bear the direct costs of the return.
Right of withdrawal