Information on the right of withdrawal for consumers under the Austrian Distance and Off-Premises Contracts Act (“FAGG”). These rules are also part of our terms and conditions (point 5).
This is a translation for your convenience. Only the German version is legally binding.
1. Right of withdrawal
Customers who are consumers within the meaning of the Austrian Consumer Protection Act (“KSchG”) have the right to withdraw from a distance contract within 14 days without giving reasons.
A distance contract is a contract concluded between us as a trader and you as a consumer, each within the meaning of the KSchG, without simultaneous physical presence, with exclusively means of distance communication being used up to and including the conclusion of the contract. If the customer is a business, there is no right of withdrawal.
2. Withdrawal period
The withdrawal period is 14 days and begins
- for service contracts, on the day the contract is concluded,
- for purchase contracts and other contracts for the acquisition of goods against payment
- on the day on which you or a third party named by you, other than the carrier, take possession of the goods,
- if you have ordered several goods in a single order that are delivered separately, on the day on which you or a third party named by you take possession of the last goods delivered,
- if goods are delivered in several partial shipments, on the day on which you or a third party named by you take possession of the last partial shipment,
- for contracts for the regular delivery of goods over a defined period, on the day on which you or a third party named by you take possession of the first goods delivered,
- for contracts for the supply of digital content not supplied on a tangible medium, on the day the contract is concluded.
3. Exercising the right of withdrawal
Withdrawal is not subject to any particular form. To exercise your right of withdrawal, inform us of your decision to withdraw from the contract by means of a clear statement, for example by letter or email:
Rollerstop GmbH
Himmelpfortgasse 13/6
1010 Vienna
Phone: +43 688 8600596
Email: info@rollerstop.com
You can use the model withdrawal form below, but it is not mandatory. To meet the deadline, it is sufficient to send the statement before the withdrawal period expires.
4. Consequences of withdrawal
4.1 If you withdraw from the contract, we will refund all payments received from you, including delivery costs, without undue delay and no later than 14 days from the day on which we received your withdrawal. This does not include additional costs resulting from your choice of a delivery method other than our cheapest standard delivery.
4.2 For the refund we use the same means of payment that you used for the order, unless expressly agreed otherwise with you and provided that you incur no costs as a result. You will not be charged any fees for the refund.
4.3 If we have not offered to collect the goods ourselves, we may withhold the refund until we have received the goods back or you have provided proof that you have sent them, whichever is earlier.
4.4 If you have already received the goods and we have not offered to collect them, send the goods back without undue delay and no later than 14 days after your withdrawal to the following address:
Rollerstop GmbH
c/o Hafen Wien GmbH
Seitenhafenstraße 15 / Tor 8.2
1020 Vienna
Austria
Please do not send returns to our office address; parcel services cannot deliver there.
4.5 The deadline is met if you send the goods before the 14 days expire. You bear the direct costs of returning the goods. Only for contracts concluded off our business premises where the goods were delivered to your home at the time the contract was concluded will we collect the goods at our own expense if, by their nature, they cannot normally be returned by post. If, in the event of a withdrawal or partial withdrawal, the value of the goods you keep is below EUR 50, we may subsequently charge you the original shipping costs according to the order. If the return is subject to a charge for you, please contact us beforehand: we can often offer a cheaper return. In this case we may deduct the cost of the return from the value of the goods.
4.6 We will refund the purchase price within the 14-day period (point 4.1) as soon as we have checked the returned goods for condition and completeness.
4.7 You only have to compensate for any loss in value of the goods if this is due to handling that was not necessary to examine their nature, characteristics and functioning.
4.8 If you requested that we begin a service during the withdrawal period, you pay us a reasonable amount for the part of the service provided up to your withdrawal, in proportion to the full scope agreed.
5. Notes on returns
- If possible, return the goods complete and in their original packaging, together with the return slip. This is not a condition for your withdrawal but makes processing easier.
- On request we will provide you with a return label. Ask the parcel service to confirm the drop-off. This, too, is not a condition for your withdrawal. We offset the return costs we incur against the value of the goods.
- If you return only part of the delivery and pay the rest by invoice, deduct the returned item from the invoice amount. If you have already paid, the price of the returned item will be credited to you.
6. Exceptions to the right of withdrawal
There is no right of withdrawal for contracts for
- services, if, at your express request under Section 10 FAGG and with your confirmation that you lose your right of withdrawal upon full performance of the contract, we began the service before the withdrawal period expired and have fully provided it,
- goods made to customer specifications or clearly tailored to personal needs,
- goods which, after delivery, have been inseparably mixed with other items due to their nature,
- urgent repair or maintenance work for which you have expressly asked us to visit you. The right of withdrawal remains for other services or goods that you did not expressly request on that occasion.
7. Model withdrawal form
If you wish to withdraw from the contract, please complete this form and send it back to us.
To: Rollerstop GmbH, Himmelpfortgasse 13/6, 1010 Vienna, info@rollerstop.com
I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for the purchase of the following goods (*) / for the provision of the following service (*):
______________________________________________
Ordered on (*) / received on (*): ____________________
Name of consumer(s): ____________________
Address of consumer(s): ____________________
Signature of consumer(s) (only if this form is notified on paper): ____________________
Date: ____________________
(*) Delete as appropriate.