Right of Withdrawal/Right of Return
6 Right of revocation and withdrawal and -follow for consumers according to FAGG (6.1 to 6.8) or KSchG (6.9)
6.1 If the customer is a consumer within the meaning of the KSchG and has concluded the contract based on these GTC either as a distance contract or outside our business premises (and if the fee to be paid is more than EUR 50 in the latter case), he can withdraw from it until the end of the withdraw from the period specified in point 6.2 without giving reasons. This does not apply in the exceptional cases regulated in Section 6.8, especially when purchasing e-books or POD Print On Demand products under the conditions laid down in Section 6.8.11. For the withdrawal, the customer must send us a clear statement (e.g. a letter sent by post, fax or e-mail – see point 1) about his decision to revoke this contract. However, the resignation is not bound to any specific form. Please note, however, that we must receive the revocation in order to be effective. The customer can use the sample cancellation form attached here.
Declaration of withdrawal / declaration of revocation
To Herman Aigner
I/we hereby revoke the contract concluded by for the item ............... which I/we ordered on ..... / received on ... .
Repayment to account IBAN ........... BIC ..........
Name of the consumer (consumer) ..................
.............. ................................... .
6.2 The withdrawal period is as follows:
6.2.1 In the case of sales contracts and other contracts aimed at the purchase of goods against payment, you can acquire possession of the goods or of the last partial shipment or the last delivered goods (§ 11 Para. 2 Z 2 lit a) to c) FAGG).
6.2.2 In the case of contracts for the regular delivery of goods over a fixed period of time, the period is 14 days from the day on which the consumer or a third party designated by him who is not the carrier obtains possession of the goods delivered first ;
6.2.3 In the case of contracts for the delivery of digital content that is not stored on a physical data carrier (such as e-books) – unless the exception to the right of withdrawal according to point 6.8.11 applies – the period is 14 days from the day of the conclusion of the contract.
6.2.4 The withdrawal period according to points 6.2.1 to 6.2.4 is met if the declaration of withdrawal is sent within the period. Please note, however, that the revocation must be received by us in order to be effective (the risk in the case of postal or electronic transmission (fax, email) lies with you).
6.3 If we have not complied with our obligation to provide information according to § 4 Para. 1 Z 8 FAGG, it will be extended the withdrawal period from point 8.2 is increased by twelve months. If we meet our information obligations within this period, the withdrawal period ends 14 days after the point in time at which the consumer receives this information.
6.4 If the consumer withdraws from the contract, we will owe him all payments that we have received from him, including delivery costs (except for the additional costs resulting from the consumer choosing a different type of delivery than the one offered by us, chose the cheapest standard delivery) immediately and at the latest within 14 days from the day on which we received notification of the cancellation of this contract. For this repayment, we use the same means of payment that the consumer used in the original transaction, unless something else was expressly agreed with them. Under no circumstances will the consumer be charged for this repayment. In the case of sales contracts or other contracts aimed at the purchase of goods against payment, we can refuse repayment until we have either received the goods back or the consumer has provided proof that the goods have been returned, unless we have offered to collect the goods ourselves.
6.5 The consumer must send back the goods or hand them over to us immediately and in any case no later than 14 days from the day on which he informed us of the cancellation of this contract. The deadline is met if the consumer sends the goods back before the period of 14 days has expired. The consumer bears the direct costs of the return if we have informed him in advance about the obligation to bear the costs for the return. The consumer is only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. However, the consumer is under no circumstances liable for the loss in value of the goods if he has not been informed by us of his right of withdrawal.
6.6 If the consumer withdraws from a contract for the delivery of digital content (such as e-books) that is not stored on a physical data carrier – unless the exception to the right of withdrawal according to point 6.8.11 applies – back, the consumer is not obliged to pay for services already rendered by the entrepreneur.
6.7 If the consumer, in the case of a contract for services, has requested that these should begin during the cancellation period, he has to pay us a reasonable amount, which the proportion of up to the point in time at which the consumer informed us of the exercise of the Informed about the right of cancellation regarding this contract, services already rendered in the
compared to the total scope of the services provided for in the contract.
6.8 According to Section 18 Paragraph 1 FAGG, the consumer has no right of withdrawal when concluding contracts for:
6.8.1 Services when we – on the basis of an express request by the consumer according to § 10 FAGG and a confirmation from the consumer that he is aware of the loss of the Right of withdrawal upon complete fulfillment of the contract – before the end of the withdrawal period according to § 11
FAGG have started to perform the service and then the service was fully rendered
6.8.2 goods or services, the price of which depends on fluctuations in the financial market, over which the entrepreneur has no influence and which may occur within the withdrawal period,
6.8.3 Goods made to customer specifications or clearly personal needs are tailored
6.8.4 Goods that can spoil quickly or whose use-by date would soon be exceeded,
6.8.5 Goods that are delivered sealed and for reasons of health protection or For reasons of hygiene, they are not suitable for return unless they are sealed after delivery was removed,
6.8.6 Goods which, due to their nature, were inseparably mixed with other goods after delivery,
6.8.7 alcoholic beverages, the price of which was agreed upon when the contract was concluded, but which are not can be delivered earlier than 30 days after the conclusion of the contract and their current value of fluctuations in the market over which the entrepreneur has no influence,
6.8.8 audio or video recordings or computer software delivered in a sealed package if unsealed after delivery,
6.8.9 Newspapers, periodicals or magazines with the exception of subscription contracts for the delivery of such publications,
6.8.10 services in the areas of, transportation of goods, delivery of meals and drinks and services provided in connection with leisure activities, insofar as there is a specific point in time for the fulfillment of the contract by the entrepreneur or period is contractually provided,
6.8.11 the delivery of digital content that is not stored on a physical data carrier, such as e-books when the entrepreneur – with the express consent of the consumer, combined with his acknowledgment of the loss of the right of withdrawal if the fulfillment of the contract begins prematurely, and after the provision of a copy or confirmation in accordance with Section 5 (2) FAGG or Section 7 (3) FAGG – started delivery before the end of the withdrawal period according to § 11 FAGG.
6.9.1 If the agreed fee is less than EUR 50, the customer has the right to withdraw in accordance with § 3 KSchG as follows: The consumer does not have his contract declaration in the premises used by the entrepreneur for his business purposes or in one of the premises used by him for this purpose a stand used at a trade fair or a market, he can withdraw from his contract application or from the contract. This withdrawal can be declared up to the conclusion of the contract or thereafter within 14 days. This period begins with the handing over to the consumer of a document containing at least the name and address of the entrepreneur, the information necessary to identify the contract and instructions on the right of withdrawal, the withdrawal period and the procedure for exercising the right of withdrawal , but at the earliest when the contract is concluded, in the case of sales contracts for goods on the day on which the consumer acquires possession of the goods. If such a document is not issued, the consumer has the right to withdraw for a period of twelve months and 14 days from the conclusion of the contract or the delivery of the goods; if the entrepreneur makes up for the issue of the document within twelve months of the start of the period, the extended withdrawal period ends 14 days after the consumer receives the document.
6.9.2 In this case, the provisions of points 6.4 and 6.5 above apply to the exercise of the right of withdrawal. The model of the declaration of withdrawal from point 6.1 can be used.
6.9.3 The consumer does not have the right to withdraw if he himself initiated the business relationship with the entrepreneur or his representative for the purpose of concluding this contract, if the conclusion of the contract did not lead to discussions between the parties or have preceded their agents or in the case of contracts in which the mutual services are to be provided immediately, if they are usually concluded by entrepreneurs outside their business premises and the agreed fee is 25 euros, or if the company is by its nature not operated in permanent business premises and that fee does not exceed EUR 50 for contracts that are subject to the Distance and External Business Act (in this case there is a right of withdrawal in accordance with points 6.1 to 6.8 above) or for contractual declarations that the consumer has made in the entrepreneur's physical absence, unless he was urged to do so by the entrepreneur.
When Goods are delivered with obvious transport damage, then complain about them Please make mistakes right away at the supplier and please contact us as soon as possible.