Consumers according to KSchG have the right to withdraw from this contract within fourteen days without giving reasons.
The cancellation period is:
1. in the case of a service contract or a contract for the supply of water, gas or electricity if they are not offered for sale in a limited volume or in a certain amount, district heating or digital content that is not supplied on a tangible medium become fourteen days from the day of the conclusion of the contract.
2. in the case of a contract of sale, thirty days from the day on which you or a third party other than the carrier and designated by you take physical possession of the goods.
3. in the case of a contract for several goods which the consumer has ordered as part of a single order and which are delivered separately, thirty days from the day on which you or a third party designated by you, who is not the carrier, delivered the last goods have taken possession of.
4. in the case of a contract for the delivery of goods in several partial consignments or pieces, thirty days from the day on which you or a third party designated by you who is not the carrier took possession of the last partial consignment or the last piece or . has.
5. in the case of a contract for the regular delivery of goods over a specified period of time, thirty days from the day on which you or a third party other than the carrier and designated by you take physical possession of the first goods.
In order to exercise your right of withdrawal, you must send us (Ana Stelc Mahok, Ottilie-Bondy-Promenade 11/1, 1210 Vienna, Austria, +43 (0) 6776-2308593, firstname.lastname@example.org ) a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send notification of your exercise
of the right of withdrawal before the end of the withdrawal period.
Consequences of revocation
If you revoke this 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 and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. In the case of sales contracts in which we have not offered to pick up 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 whichever is earlier.
If you have received goods in connection with the contract, we will collect them
Goods are to be returned or handed over to us from and in any event no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of thirty days has expired. We bear the direct costs of returning the goods. You are 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. If you have requested that the services should begin during the cancellation period, you must pay us a reasonable amount that corresponds to the proportion of the services already provided up to the point in time at which you informed us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.
If the customer is an entrepreneur, a revocation is completely excluded.
Sample withdrawal form
(If you want to revoke the contract, please fill out this form and
send it back)
— To : Ana Stelc Mahok, Ottilie-Bondy-Promenade 11/1, 1210 Vienna, Austria, +43 (0) 6776-2308593, email@example.com
— 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.
Download as Word or PDF.
Instructions for the smoothest possible processing of the return
If possible, please send the item back to us completely in the original packaging. Please use the return slip (please enter the reason for return) and enclose it with the package. The use of the return slip and the original packaging is not a "must", i.e. not a prerequisite for asserting your right, but it simplifies and secures the process for us.
The consumer does not have the right to withdraw from a contract
1. Services if the entrepreneur has provided the service in full, whereby in those cases where the consumer is obliged to pay under the contract, the right of withdrawal does not apply unless, moreover, the entrepreneur with the prior express consent of the consumer with the performance of the contract has started and when the consumer
a) Either confirmed before the start of the provision of the service that he was aware that he would lose his right of withdrawal once the contract had been fully performed,
b) Or has expressly asked the entrepreneur to visit to have repair work carried out.
2. Goods or services, the price of which depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur within the withdrawal period,
3. Goods that are made to customer specifications or are clearly tailored to personal needs,
4. Goods that can spoil quickly or whose use-by date would soon be exceeded,
5. Goods that are delivered sealed and are not suitable for return for health or hygiene reasons if their seal was removed after delivery,
6. Goods which, due to their nature, were inseparably mixed with other goods after delivery,
7. alcoholic beverages, the price of which was agreed at the time the contract was concluded, but which cannot be delivered earlier than 30 days after the conclusion of the contract and the current value of which depends on fluctuations on the market over which the entrepreneur has no influence,
8. Sound or video recordings or computer software delivered in a sealed package if unsealed after delivery,
9. Newspapers, periodicals or magazines with the exception of subscription contracts for the delivery of such publications,
10. Services in the areas of accommodation for other than residential purposes, transport of goods, rental of motor vehicles and delivery of food and drink and services provided in connection with leisure activities, provided that a specific time or period is required for the performance of the contract by the entrepreneur is contractually provided,
11. the provision of digital content that is not intended to be delivered on a physical medium when the entrepreneur has started to perform the contract, whereby in those cases where the consumer is obliged to pay under the contract, the right of withdrawal only lapses, if moreover
a) the consumer has expressly consented to the start of performance of the contract before the end of the withdrawal period,
b) the consumer has confirmed that he/she has acknowledged that he/she loses his/her right of withdrawal by starting performance of the contract prematurely, and
c) the entrepreneur has provided the consumer with a copy or confirmation in accordance with Section 5 (2) or Section 7 (3) FAGG.
12. Urgent repair or maintenance work where the consumer has expressly asked the entrepreneur to visit to carry out this work. However, the exclusion of the right of withdrawal under this provision does not include other services that the consumer has not expressly requested or delivered goods that are not necessarily required as spare parts for maintenance or repair.
Finally, the consumer has no right of withdrawal from contracts concluded at a public auction.