Right of withdrawal / right of withdrawal according to the Distance and External Business Act ("FAGG")
1. Right of withdrawal / right of withdrawal for consumers
Customers who are “consumers” within the meaning of the Austrian Consumer Protection Act (“KSchG”) have the right to withdraw from a distance contract within fourteen days without giving any reason. A contract concluded in distance selling is a contract that is concluded between us as an entrepreneur within the meaning of the KSchG and you as a consumer, also within the meaning of the KSchG, without the simultaneous physical presence of the entrepreneur and the customer, whereby up to and including the conclusion of the contract exclusively means of distance communication be used.
2. Withdrawal period, beginning of the withdrawal period
The withdrawal period is 14 days and begins:
- for service contracts on the day of the conclusion of the contract,
- in sales contracts and other contracts aimed at the purchase of goods against payment
(i) on the day on which the consumer or a third party designated by the consumer who is not acting as a carrier obtains possession of the goods,
(ii) if the consumer has ordered several goods as part of a single order, which are delivered separately, on the day on which the consumer or a third party designated by the consumer who is not acting as a carrier obtains possession of the goods delivered last,
(iii) in the case of delivery of goods in several partial shipments, on the day on which the consumer or a third party designated by the consumer who is not acting as the carrier obtains possession of the last partial shipment,
(iv) in the case of contracts for the regular delivery of goods over a specified period of time, on the day on which the consumer or a third party designated by the consumer who is not acting as a carrier obtains possession of the goods delivered first.
- in the case of a contract that involves the delivery of digital content that is not stored on a physical data carrier, on the day the contract is concluded.
3. Form of the declaration of withdrawal (declaration of withdrawal)
The declaration of withdrawal is not bound to any particular form. In order to exercise a right of withdrawal or cancellation, a consumer must send us (Rollerstop GmbH, Himmelpfortgasse 13/6, 1010 Vienna, +43-688-8600596, email@example.com) a declaration (e.g. a letter sent by post, fax or e-mail) about his decision to withdraw from the contract. A consumer can use the attached sample cancellation form ( Annex ./1 ), which is not mandatory. To meet the cancellation deadline, it is sufficient if a consumer sends the communication regarding the exercise of the right of cancellation before the cancellation period has expired.
4. Consequences of a consumer's withdrawal from the contract (hereinafter "withdrawal" or "withdrawal")
4.1 If you withdraw from the contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately, at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract.
4.2 Repayments will be made using the same means of payment that you used to process your payment, unless something else was expressly agreed with you and you will not incur any costs for the different agreement. Under no circumstances will you be charged any fees for this repayment.
4.3 In the case of sales contracts in which we have not offered to collect the goods ourselves in the event of cancellation, we can refuse repayment until we have received the goods back or until you have provided proof that you have sent the goods back , depending on which of the two points in time is earlier.
4.4 If you have already received goods in connection with a purchase contract and if we have not offered to pick up the goods ourselves in the event of withdrawal, you are obliged to return the goods immediately, at the latest within fourteen days, if you withdraw from the purchase contract return the declaration of withdrawal to us. The goods are to be returned to the following address:
c/o Hafen Wien GmbH
Seitenhafenstrasse 15 / Gate 8.2
4.5 The return period is met if the goods are dispatched within the period of fourteen days. The direct costs of returning the goods are to be borne by you. Only in the case of contracts concluded outside our business premises, in which the goods were delivered to your home at the time the contract was concluded, do we have to collect the goods at our own expense if the goods are not usually sent by post due to their nature. If, in the event of a revocation or partial revocation, the value of the goods you may have kept is less than EUR 50, we are entitled to subsequently charge you for the shipping costs for the original shipment to you in accordance with our shipping costs table. If the return of the goods is subject to a charge for you in accordance with these General Terms and Conditions, we recommend that you contact us before returning the goods, as we may be able to provide a cheaper return postage. In this case, we are entitled to deduct the costs of the return shipment from the value of the returned goods.
4.6 After the goods have been handed over as a result of a withdrawal by a consumer, the purchase price will only be paid out within the 14-day period (see 5.4.1 above) after the returned goods have been checked by us for condition and completeness.
4.7 You are only obliged to pay us compensation for a reduction in the market value of the returned goods if this reduction in value is due to the handling of the goods that is not necessary to establish the nature, properties and functioning of the goods.
4.8 If you insist that we start providing services during the cancellation period, you are obliged to pay us a reasonable amount corresponding to the proportion that was available up to the point in time at which you prevented us from exercising the Inform the right of withdrawal from the contract, which corresponds to the services provided so far in comparison to the total scope of the services provided for in the contract.
4.9 Instructions for the smoothest possible processing of the return:
(i) If possible, please return the goods to us completely in the original packaging. Please use the return slip and enclose it with the package. The use of the return slip and the original packaging is not an obligation, therefore not a prerequisite for asserting your right to withdraw or cancel, but serves to simplify the return process.
(ii) We will be happy to provide you with a returns label upon request. Please use this returns sticker for your returns and have the return delivery slip for your documents confirmed by the parcel service. The use of the returns sticker is not an obligation, and therefore not a prerequisite for asserting your right to withdraw or withdraw, but simplifies and secures the return process for us. We will offset the return costs incurred by us against the value of the goods.
(iv) If you only wish to return an item from the delivery but have ordered additional items which you now wish to pay by invoice, deduct the item that you have returned from the invoice amount. If you pay by direct debit, the price for the returned item will be remitted back to you by means of a credit note.
4.10 A consumer has no right of withdrawal from contracts for
- Services if the entrepreneur - 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 in the event of complete fulfillment of the contract - had started to perform the service before the end of the cancellation period according to § 11 FAGG and the service was then fully rendered,
- Goods made to customer specifications or clearly tailored to a customer's personal needs,
- Goods which, due to their nature, were inseparably mixed with other goods after delivery,
- urgent repair or maintenance work where the consumer has expressly requested the entrepreneur to visit to carry out this work. If, during such a visit, the trader provides additional services that the consumer has not expressly requested, or if he supplies goods that are not essential as spare parts for maintenance or repair, the consumer has the right to withdraw from these additional services or goods.
4.11 If the customer is an entrepreneur, revocation or withdrawal is excluded.
Sample cancellation form
If you revoke the contract or want to withdraw from the contract, please fill out this form and send it back
To Rollerstop GmbH, c/o Hafen Wien GmbH, Seitenhafenstraße 15 / Gate 8.2
1023 Vienna, firstname.lastname@example.org:
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*): the provision of the following service (*)
— Ordered on (*)/received on (*)
— Name of consumer(s)
— address of the consumer(s)
— Signature of the consumer(s) (only in the case of notification on paper)
(*) Delete where not applicable