§6 Retention of title
(1) We retain title to the goods delivered by us until such time as we receive full payment of the purchase price (including VAT and postage) for the product in question.
(2) The customer is not entitled to resell the goods delivered by us while we retain title without our prior written consent.
§7 Warranty
(1) If the delivered goods have tangible defects, the customer may first require that we remedy said defect or deliver a replacement product free of defects. However, if the customer is an entrepreneur, it is at our discretion whether we remedy the defect or deliver another product free of defects if we provide notice of our decision in writing (also by fax or email) within three working days after receiving the customer’s notice of the same. We may refuse the remedy chosen by the customer if such remedy would only be possible at disproportionate cost.
(2) If the remedy under §7
(1) is also defective or is found unreasonable by the customer or if we refuse to make such remedy, the customer is entitled each in accordance with applicable law to cancel the purchase contract, reduce the purchase price, or demand compensation or reimbursement for its expenses. Customer claims for damages are also subject to the specific provisions of §8 herein.
(2) The warranty period is two years from delivery if the customer is a consumer, otherwise twelve months after delivery.
(3) The following applies only to entrepreneurs: The customer must carefully inspect the goods immediately upon receipt. The delivered goods shall be deemed approved by the customer, if notice of a defect is not made (i) within five working days after the delivery for obvious defects or (ii) within five working days after discovery of defects not otherwise obvious.
(4) All warranty claims of the customer shall expire if the customer changes or otherwise interferes with the goods. This does not apply if the customer can demonstrate that the intervention or the change was not the cause of the defect.
§8 Liability
(1) Our liability for delay in delivery, unless caused by intent or gross negligence, shall be no more than 5% of the purchase price (including VAT).
(2) We are not liable on any legal grounds for any damages caused by any atypical use of the product. Our liability is also excluded for any damages resulting from the loss of data if its restoration is not possible or made more difficult due to missing or insufficient backups of said data. The foregoing limitation on liability shall not apply in cases of intent or gross negligence.
§9 Withdrawal
(1) Consumers generally have a statutory right to withdraw from transactions made over a distance, a right which the seller must notify them of in accordance with the statutory pattern.
Paragraph (4) provides such a model form. The right of withdrawal does not apply to consumers who, at time of contract conclusion, are Swiss citizens or to consumers with Switzerland as primary residence and shipping address. Swiss law does not stipulate a right of withdrawal regarding online purchases for Swiss consumers.
(2) For the purchase of vouchers applies in the case of revocation that as far as a purchased gift card has been opened or used and the contract for the purchase of the voucher is revoked, the consumer is obliged to value compensation. As far as a purchased goods is paid with a purchased voucher, the repayment of the purchase price is made by a voucher, unless expressively otherwise agreed. The buyer of the revoked gift card will be refunded the amount of the gift card. Withdrawal Policy Right to Withdraw from this Contract You have the right to withdraw from this Agreement within fourteen days of conclusion without the need for explanation. The cancellation period is fourteen days from the day on which you, or a third party designated by you who is not the carrier, take possession of the goods.
To exercise your right of withdrawal, you must make a clear declaration detailing your decision to rescind this contract to:
SUMDAY Vienna e.U. ,Zieglergasse 68/2, Austria
Email: office@parkkenner.com,
Phone: +43 66088044400
(by sending a letter by post or email). In order to observe the deadline for cancellation it is sufficient to send notification stating that you wish to exercise your right of cancellation before expiry of the cancellation period.
Consequences of withdrawal
(1) If you withdraw from this contract, we have to refund all payments we received from you, including shipment charges (except for additional costs arising when you choose a way of delivery different from the most cost-efficient standard delivery offered by us) immediately and at least within fourteen days from the day we received the notification of withdrawal from this contract at our premises. We shall use the same payment method that you used in the original transaction for this refund, unless we expressly agree otherwise with you; under no circumstances will you be charged fees for this refund. We may refuse to pay the refund until the goods have been returned to us, or until you have provided evidence that you have shipped the goods back, whichever comes first. You must ship back or deliver the goods to us immediately and in any event no later than fourteen days from the date on which you notify us that you are withdrawing from this contract. The deadline is met if you send the goods within fourteen days. You only need to pay for any loss in value of the goods if a test of the state, characteristics, and functioning of the goods shows that the loss in value is due your unnecessary handling of them.
