Cancellation Policy
Below you can find §2 from the MetGIS General Terms and Conditions dated September 1st, 2024 (available at https://metgis.com/en/gtc/).
§ 2 PROVISIONS FOR CONSUMERS ONLY pursuant to Section 1(1) no. 2 of the Austrian Consumer Protection Act (KSchG)
Weather products can also be purchased by consumers via the online shop. It should be noted that these services may fall under the exemption provisions of Section 18(1) nos. 1 and 3 of the Austrian Distance Selling Act (Fern- und Auswärtsgeschäfte-Gesetz).
Section 18(1) no. 1 of the Distance Selling Act provides that services that have been provided in full cannot be canceled during the 14-day withdrawal period. If the services have been provided in part, the customer must pay MetGIS the amount corresponding to the services provided by MetGIS up to the point of cancellation compared to the total price agreed in the contract.
Section 18(1) no. 3 of the Distance Selling Act provides that there is also no right of withdrawal for custom-made productions.
The provisions in sections 2.1 and 2.2 of these T&Cs shall apply exclusively to consumers as defined in Section 1(1) no. 2 of the Austrian Consumer Protection Act (KSchG):
§ 2.1 Information requirements
Pursuant to Section 5a(1) of the Austrian Consumer Protection Act and Section 4(1) of the Austrian Distance Selling Act, MetGIS shall provide the following existing information to the customer:
Essential characteristics of the service: weather forecasts and analyses
Contractual partner: MetGIS GmbH, Lange Gasse 16/18, 1080 Vienna, Austria, registered company no. (FN) 395047b, Commercial Court of Vienna, e-mail: office@metgis.com Total price/costs: The prices stated on the website are exclusive of taxes and duties unless stated otherwise.
Costs of remote communication: customer’s standard tariff (no value-added tariffs).
Payment terms: see section 6
Right of withdrawal: see Cancellation policy section 2.2.
Warranty: in accordance with Sections 922 et seq. of the Austrian Civil Code (ABGB)
Terms and conditions of cancellation: In the case of contracts for the performance of a continuing obligation: in writing 3 months before the end of the contract, see contract term section 13. In the case of individual purchases: no cancellation required.
§ 2.2 Right of cancellation/withdrawal
If the customer is a consumer pursuant to the Austrian Consumer Protection Act (KSchG), they are legally entitled under Section 3 Consumer Protection Act and Section 11(1) Distance Selling Act to cancel their contractual declaration (order) provided outside the business premises of MetGIS or (after acceptance by MetGIS) to withdraw from the contract under the conditions of the following declaration of cancellation (see section 2).
Withdrawal period: The withdrawal must be exercised within 14 days of accessing the weather products.
There shall be no right of cancellation/withdrawal for, for example,
• the provision of the weather products if–based on an express request by the customer and a confirmation by the customer of their knowledge of the loss of the right of withdrawal in the event of complete fulfillment of the contract–MetGIS had begun to perform the service (= provision of the weather products) before the withdrawal period of 14 days had expired and the service was then provided in full (services that can be accessed immediately),
• a digital delivery, to the extent that MetGIS has commenced delivery before the right of withdrawal has expired and the customer has acknowledged the loss of the right of withdrawal and has expressly consented to this,
• transactions that do not exceed EUR 50.00
Cancellation policy: In accordance with Section 3 Consumer Protection Act and Section 4(1) no. 8 Distance Selling Act, MetGIS provides notification to the customer of the following right of cancellation/withdrawal:
RIGHT OF CANCELLATION/WITHDRAWAL
You have the right to withdraw from this contract within fourteen days without providing a reason for this. The withdrawal period shall be fourteen days from the date that the corresponding weather products are delivered.
In order to exercise your right of withdrawal, you must notify MetGIS GmbH, Lange Gasse 16/18, 1080 Vienna, Austria, company registration no. (FN) 395047b, Commercial Court of Vienna, e-mail: office@metgis.com of your decision to withdraw from this contract with a clear and unequivocal statement (e.g. by mail or e-mail). To meet the deadline for withdrawal, it is sufficient for you to send notification that you are exercising your right of withdrawal before the withdrawal period has expired.
CONSEQUENCES OF WITHDRAWAL
If you withdraw from this contract without application of the exemption provisions pursuant to Section 18 Distance Selling Act, we must reimburse you for all payments that we have received from you immediately and at the latest within 14 days of the day on which we receive notification of your withdrawal from this contract, less our services rendered and billed pro rata pursuant to Section 16(1) Distance Selling Act. We shall use the same means of payment for this reimbursement that you used for the original transaction unless agreed otherwise expressly with you; you shall not under any circumstances be charged any fees for this reimbursement.
SAMPLE NOTICE OF WITHDRAWAL:
(please complete and return the form below if you wish to withdraw from the contract)
To MetGIS GmbH, Lange Gasse 16/18, 1080 Vienna, Austria, registered company no. (FN) 395047b, Commercial Court of Vienna, e-mail: office@metgis.com:
I/we (*) am/are hereby withdrawing from the contract entered into by me/us (*) for the purchase of the following goods (*)/provision of the following service (*)
Ordered on (*)/received on (*)
Consumer name
Consumer address
Consumer signature (for hard-copy notification on paper only)
Date
(*) Delete as applicable