Right of withdrawal
Right of withdrawal
Consumers are entitled to the right of revocation in accordance with the following conditions, whereby a consumer is any natural person entering into a legal transaction for a purpose that cannot be attributed to either his commercial or his self-employed occupational/professional activity.
You can revoke your contract within 14 days in text form (e. g. letter, fax, email) without stating reasons or by returning the goods, if the goods are handed over to you before the expiry of the time limit. The revocation period starts upon receipt of these instructions in written form, but not before the reception of goods by the customer (in the case of repeat delivery of similar goods, not before receipt of the first part delivery) and not prior to fulfilment of our information duties according to article 246 § 2 in connection with § 1 section 1 and 2 of the Introductory Statue to the Civil Code (EGBGB) as well as our obligations pursuant to § 312g section 1 sentence 1 of the Civil Code (BGB) in connection with article 246 § 3 of the Introductory Statue to the Civil Code (EGBGB). The timely submission of the revocation notice or the goods is sufficient for compliance with the revocation period. The revocation is to be addressed to: MX-KTM Kini GmbH, Larchwald 360, A-6210 Wiesing / AUSTRIA.
Consequences of revocation
In case of an effective cancellation both parties have to refund the received goods/payments and any resulting benefits (e.g. interests). If the goods cannot or can only be returned in deteriorated condition, the purchaser has to provide compensation for lost value. For the deterioration of the goods and for any resulting benefit, the consumer shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the properties and functionality of the goods. Testing the properties and functionality means testing and trying out the respective goods, as it is possible and usual in a retail shop. Goods conveyable by package shipment may be returned at your risk You will have to bear the return shipping costs. Commitments for refunding payments have to be fulfilled within 30 days after sending the revocation or in case of return with the receipt of the returned goods.
Exclusion of withdrawal
The right of revocation does not apply to distance contracts for the delivery of goods manufactured according to customer specifications or which are uniquely designed according to special customer requirements, or which are not suitable for return shipment due to their nature, or that perish quickly or expire prior to any return