Right of Withdrawal
THALOS AI FITNESS COACH
Right of Withdrawal
Consumer withdrawal information for distance contracts, digital memberships and Polar devices
CONSUMER WITHDRAWAL
1. Your right of withdrawal
If you are a consumer, you have the right to withdraw from this contract within fourteen (14) days without giving any reason.
For a digital membership or service, the withdrawal period generally starts on the day after the contract is concluded. If a Polar device or other goods are delivered to you, the withdrawal period for those goods generally starts on the day after you, or a person named by you who is not the carrier, receive the goods.
2. How to exercise your right of withdrawal
To exercise your right of withdrawal, you must inform us by a clear statement that you wish to withdraw from the contract. You may use the model withdrawal form below, but this is not required.
Please send your withdrawal statement to: Thalos AI Fitness Coach GmbH, Kohlmarkt 4/6, 1010 Vienna, Austria. Email: notifications@thalos.at. You may also use the online withdrawal function or withdrawal button provided in the THALOS app or on the THALOS website, where available.
To meet the withdrawal deadline, it is sufficient that you send your withdrawal statement before the withdrawal period has expired.
3. Effects of withdrawal
If you validly withdraw from the contract, we will refund all payments we have received from you, including delivery costs where legally required, without undue delay and no later than fourteen (14) days from the day on which we receive your withdrawal statement.
We will use the same payment method for the refund that you used for the original payment, unless expressly agreed otherwise. You will not be charged any fees for the refund.
If a device has been delivered to you, we may withhold the refund until we have received the device back or until you have provided proof that you have returned it, whichever occurs first.
You must return the device without undue delay and in any event no later than fourteen (14) days from the day on which you submit your withdrawal statement. Please return the device to Thalos AI Fitness Coach GmbH, Kohlmarkt 4/6, 1010 Vienna, Austria, or to another return address communicated by us. The deadline is met if you send the device before the 14-day period has expired.
You bear the direct costs of returning the device if we informed you of this before the contract was concluded. You are only responsible for any loss in value of the goods if that loss in value results from handling the goods in a way that was not necessary to inspect their condition, characteristics and functioning. If the Polar device has been activated, paired to an account or used in a way that goes beyond normal inspection and testing, THALOS may deduct or charge a handling/value-reduction fee of EUR 50, to the extent permitted by law.
4. Start of services before the end of the withdrawal period
If you expressly request that THALOS begins providing the service during the withdrawal period and you later validly withdraw, you must pay a reasonable proportionate amount for the services already provided up to the time of withdrawal, to the extent permitted by law.
For digital content not supplied on a physical medium, the right of withdrawal may cease under the statutory conditions if you expressly agree that the provision of the digital content begins before the end of the withdrawal period and you acknowledge that, by giving this consent, you lose your right of withdrawal. Where relevant digital content is offered, THALOS will request this consent and acknowledgement separately and clearly during checkout.
5. Difference between withdrawal and membership cancellation
The statutory right of withdrawal is different from cancelling an ongoing membership. Your THALOS membership runs for an indefinite period and can be cancelled at any time with effect at the end of the current billing period. The right of withdrawal can only be exercised within the statutory withdrawal period and has the legal consequences described above.
6. Model withdrawal form
You may use this form if you wish to withdraw from the contract, but you are not required to use it.
To Thalos AI Fitness Coach GmbH, Kohlmarkt 4/6, 1010 Vienna, Austria, Email: notifications@thalos.at
I hereby withdraw from the contract concluded by me for the THALOS membership / the Polar device.
Ordered on: ____________________________
Received on, if a device was delivered: ____________________________
Name: ____________________________
Address: ____________________________
Email address of customer account: ____________________________
Order/invoice number: ____________________________
Date: ____________________________
Signature, only if submitted on paper: ____________________________