11.1 If you as a user are registered on the Tapkey platform or ordered items via the Tapkey online shop for a purpose that is not related to either your commercial or professional freelance activity, the following provisions apply to you as a consumer within the meaning of Section 1 of the Austrian Consumer Protection Act (Konsumentenschutzgesetz; KSchG):
11.2 You may cancel your agreement with Tapkey in writing, e.g., by letter, fax or email, within 14 days from the later of the date (i) on which the agreement was entered into and (ii) of receipt of any physical products you may have ordered, in each case without stating any reasons. You can cancel the agreement by sending your notification to:
Brucknerstraße 2/6, 1040 Vienna, Austria
11.3 In the event of cancellation, any benefits received by one party from the other must be returned, and any economic advantages gained must be repaid. If you are not able to return the services rendered to Tapkey in full or in part, you are obligated to reimburse Tapkey for the value lost. This may mean that you are required to fulfill your payment obligations until cancellation has become effective. Obligations to reimburse costs must be fulfilled within 30 days. For you, this period begins when you send your contract termination, for us when we receive it.
11.4 The exercise of your cancellation right pursuant to this section 11 may occur via the following cancellation form:
(If you wish to cancel the agreement, please fill in and return the form below.)
To Tapkey GmbH, Brucknerstraße 2/6, 1040 Vienna, Austria, E-Mail email@example.com:
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
Ordered on (*)/received on (*),
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
(*) Delete as appropriate.
11.5 In case of a return delivery, the Buyer shall return the goods in full and suitable for shipping. The costs for a return delivery shall be borne by the Buyer.
11.6 The Buyer is only liable for any diminished value of the goods resulting from the handling other than necessary to establish the nature, characteristics and functioning of the goods.
11.7 The special cancellation right shall be excluded for:
11.7.1 contracts concerning the delivery of not prefabricated goods, or goods which fabrication is subject to the Buyer’s customized choice or determination, or goods that are clearly customized for the Buyer’s requirements;
11.7.2 services that have been fully performed by Tapkey, provided that the user noticed and explicitly agreed that Tapkey may commence the performance of the service and the user will lose its cancellation right upon full performance of the service; and
11.7.3 contracts concerning the delivery of goods that have been mixed with goods of different quality based on the nature of the respective goods.