Withdrawal
Consumer's right of withdrawal pursuant to Section 11 FAGG:
a. The customer, who is a consumer within the meaning of the Consumer
Protection Act (Konsumentenschutzgesetzes – KSchG), may withdraw from an
agreement concluded outside the COMPANY's business premises or from a
remote sales agreement within a period of fourteen working days, except
in the case of a legal exception being applicable.
b. The withdrawal period is fourteen calendar days. For goods supply
agreements, it starts on the day the consumer (customer) or a third
party appointed by the consumer, who is not the carrier, takes
possession of the goods. For agreements regarding several goods that
were ordered together but are dispatched separately, it starts on the
day the consumer (customer) or a third party appointed by the consumer,
who is not the carrier, takes possession of the last goods. It is
sufficient if the consumer (customer) sends off the withdrawal
declaration during the withdrawal period.
c. The withdrawal declaration may also be made electronically on a
standard withdrawal form that can be downloaded at www.ft-tec.com.
d. The right of withdrawal does not apply to goods manufactured to the
customer's specifications that are clearly tailored to suit personal
requirements, that are unsuitable for return due to their
characteristics, that spoil easily or that have exceeded their sell-by
date (Section 18 Paragraph 1 FAGG).
e. If the consumer (customer) withdraws from the agreement, the
i. COMPANY shall refund any payments made, including delivery costs (except any additional costs incurred due to the consumer (customer) selecting a different delivery method to the cost-effective standard delivery method offered by the COMPANY) and compensate the consumer (customer) for any essential and purposeful time and effort expended and
ii. the consumer (customer) shall return the goods received and pay the COMPANY appropriate compensation for their use, including compensation for the decrease in the general value of the goods caused by their use.
In this context, the following statement shall be made with regard to the products FT-TEC SEAANGEL SA14-SART / MOB / and SEAANGEL SA15 AIS FLARE / DIVE / SURF:
1./ This Device is a modern AIS S.A.R.T. transmitter with a battery life that complies with the applicable legal requirements. The information in the operating manual of the product must be strictly complied with when activating the device, and particularly when activating its test operation.
2./ The customer cannot test the operation of the rescue transmitter. Once the device has been activated, it must be sent to FT TEC Electronics GmbH for maintenance, especially as it will no longer comply with legal requirements. Activating the rescue transmitter completely devalues the device. Once the rescue transmitter has been operated, the device no longer complies with the applicable legal requirements and thus will have lost its functionality. The device will therefore have lost its full market value. Please refer to the applicable information in the operating manual on pages 18 et seqq.
3./ The customer is advised that the device has its own test operation for testing its functionality. The implementation of the test operation is explained on pages 24 et seqq. of the operating manual. The device must never be tested by activating the rescue transmitter. The activation of the rescue transmitter for testing its properties, characteristics or functions is neither intended nor necessary and will result in the complete devaluation of the device.
4./ A seal protects the device against accidental activation of the rescue transmitter. The customer must first break the seal to ctivate the rescue transmitter. If the customer withdraws from the sale and returns the device to FT-TEC Electronics GmbH after first removing the seal and activating the rescue transmitter, the customer shall have lost all rights to a refund of the purchase price, pursuant to Section 15 Paragraph 4 FAGG. The customer shall no longer receive a refund of the purchase price if the seal has been removed and the device's rescue transmitter has been activated, particularly as the customer has fully devalued the device through such actions.
5./ As described on pages 24 et seqq. of the operating manual, the device has its own test operation. It is pointed out, however, that the device can only be used for an unlimited period of time if such test operation is only carried out once a year. If the device is tested more than once a year, the customer shall return the device to FT TEC Electronics GmbH for maintenance and pay a corresponding maintenance fee of EUR 200.00. The market value of the device is therefore reduced by the essential maintenance fee of EUR 200.00.
Should the customer exercise the right of withdrawal and return the device to FT TEC Electronics GmbH after several test operations, FT TEC Electronics GmbH shall retain a fee of EUR 200.00 to cover essential maintenance and/or as compensation for the reduction of the market value.
iii.The consumer shall carry the direct costs for the return of the goods.