Consumer protection law Flashcards
genreal terms and conditions
are always invalid if they are unclear or uncromprehensible
following organizations may sue an entrepreneur who uses clauses in violation of the KschG
WKÖ
Bundeskammer für Arbeiter und Angestellte
ÖGB
Verein für Konsumentenschutz
Warranties
seller is liable for the asset having the agreed assumed qualities, they conform the description or sample, and can be used in linewith the nature of transaction to the concluded agreement
periodicity of a warranty
a seller cannot shorten or exclude a warranty
genreally 2 years
for movable goods can be reduced to 1
if the seller is required ro remedy or exchange a spefcidic good,
this must occur at the place of delivery or at the location of the item in question
in case the item must be sent back for repairment
the entrepreneur must pay the costs
Austrian distance selling act
deals with businesses concluded where the consumer and the entrepreneur are not physically present at the same time
Business concluded using exclusively distance selling tools
consumer has the right to return to withdraw from contract
14 days after receiving the goods, without staying a cause or certain requirements
seller has the right
to claim compensation for loss in value for the goods in question
costs for return shipping
are carried out by the consumer, unless entrepreneur did not inform the consumer about that