Withdrawal
1. Right of withdrawal and consequences for consumers when concluding the contract at a distance of KSchG or FAGG
1.1 If the customer is a consumer within the meaning of the KSchG and if he has concluded the contract based on these terms and conditions as a distance contract or outside our business premises, he can withdraw from this until the expiry of the period stated in point 1.2 without stating reasons.
For the resignation the customer must inform us with a clear statement (eg a letter sent by post, fax or e-mail) about his decision to withdraw from this contract. The resignation, however, is not bound to any particular form.
1.2 The withdrawal period is as follows:
1.2.1 For service contracts 14 days from the conclusion of the contract.
1.2.2 In the case of purchase contracts and other contracts for the purchase of goods against payment, 14 days from the day on which the consumer or a third party designated by him, who is not the carrier, possesses the goods or the last partial consignment or the last delivered goods (section 11 (2) (2) (a) to (c)).
1.2.3 In the case of contracts for the regular delivery of goods over a fixed period of time, the period shall be 14 days from the date on which the consumer or a third party designated by him who is not the carrier obtains possession of the goods first delivered ,
1.2.4 The resignation period under 1.2.1 to 1.2.3 is granted if the resignation is sent within the deadline.
1.3 If we have not complied with our obligation to inform according to § 4 Abs 1 Z 8 FAGG, the withdrawal period from Item 1.2 shall be extended by twelve months. If we meet our information obligations within this period, the withdrawal period ends 14 days after the date on which the consumer receives this information.
1.4 The consumer must return the goods to us immediately and in any event not later than 14 days from the date on which he informs us of the cancellation of this contract. The deadline is met if the consumer sends the goods before the expiry of the period of 14 days.
1.5 The consumer bears the direct costs of the return, provided that we have informed him in advance of the obligation to bear the costs for the return. The consumer only has to pay for a possible loss in value of the goods, if this loss of value is due to the consumer not having to handle the condition, characteristics and functioning of the goods. However, the consumer is in no case liable for the loss of value of the goods if we have not been informed of his right of withdrawal.
1.6 If the consumer, in the case of a contract for services, has requested that it be started during the period of revocation, he shall pay us a reasonable amount equal to the proportion of the consumer up to the time when the consumer relies on us Revoked in respect of this contract, services already provided in relation to the total volume of services provided for in the contract.
1.7 According to § 18 para. 1 FAGG, the consumer has no right of withdrawal when concluding contracts for:
1.7.1 Services, if we – on the basis of an explicit request of the consumer according to § 10 FAGG and a confirmation of the consumer about his knowledge of the loss of the right of withdrawal with complete fulfillment of the contract – started the execution of the service before the expiry of the withdrawal period according to § 11 FAGG and the service was then fully provided,
1.7.2 goods or services the price of which depends on fluctuations on the financial market over which the entrepreneur has no influence and which can occur within the withdrawal period,
1.7.3 goods made to customer specifications or clearly tailored to personal needs,
1.7.4 goods that are delivered sealed and are not suitable for return for reasons of public health or hygiene, provided that their seal has been removed after delivery,
1.7.5 Goods which, after being delivered, have been inseparably mixed with other goods due to their nature,
1.7.6 sound or video recordings or computer software delivered in a sealed package, provided that their seal has been removed after delivery,
1.7.7 newspapers, magazines or magazines other than subscription contracts for the supply of such publications,
1.7.8 services in the field of accommodation for other than residential purposes, transport of goods, rental of motor vehicles and the supply of food and drink and services rendered in connection with leisure activities, if and when the contract is fulfilled by the trader Period is contractually provided
1. Right of withdrawal and consequences for consumers when concluding the contract at a distance of KSchG or FAGG
1.1 If the customer is a consumer within the meaning of the KSchG and if he has concluded the contract based on these terms and conditions as a distance contract or outside our business premises, he can withdraw from this until the expiry of the period stated in point 1.2 without stating reasons.
For the resignation the customer must inform us with a clear statement (eg a letter sent by post, fax or e-mail) about his decision to withdraw from this contract. The resignation, however, is not bound to any particular form.
1.2 The withdrawal period is as follows:
1.2.1 For service contracts 14 days from the conclusion of the contract.
1.2.2 In the case of purchase contracts and other contracts for the purchase of goods against payment, 14 days from the day on which the consumer or a third party designated by him, who is not the carrier, possesses the goods or the last partial consignment or the last delivered goods (section 11 (2) (2) (a) to (c)).
1.2.3 In the case of contracts for the regular delivery of goods over a fixed period of time, the period shall be 14 days from the date on which the consumer or a third party designated by him who is not the carrier obtains possession of the goods first delivered ,
1.2.4 The resignation period under 1.2.1 to 1.2.3 is granted if the resignation is sent within the deadline.
1.3 If we have not complied with our obligation to inform according to § 4 Abs 1 Z 8 FAGG, the withdrawal period from Item 1.2 shall be extended by twelve months. If we meet our information obligations within this period, the withdrawal period ends 14 days after the date on which the consumer receives this information.
1.4 The consumer must return the goods to us immediately and in any event not later than 14 days from the date on which he informs us of the cancellation of this contract. The deadline is met if the consumer sends the goods before the expiry of the period of 14 days.
1.5 The consumer bears the direct costs of the return, provided that we have informed him in advance of the obligation to bear the costs for the return. The consumer only has to pay for a possible loss in value of the goods, if this loss of value is due to the consumer not having to handle the condition, characteristics and functioning of the goods. However, the consumer is in no case liable for the loss of value of the goods if we have not been informed of his right of withdrawal.
1.6 If the consumer, in the case of a contract for services, has requested that it be started during the period of revocation, he shall pay us a reasonable amount equal to the proportion of the consumer up to the time when the consumer relies on us Revoked in respect of this contract, services already provided in relation to the total volume of services provided for in the contract.
1.7 According to § 18 para. 1 FAGG, the consumer has no right of withdrawal when concluding contracts for:
1.7.1 Services, if we – on the basis of an explicit request of the consumer according to § 10 FAGG and a confirmation of the consumer about his knowledge of the loss of the right of withdrawal with complete fulfillment of the contract – started the execution of the service before the expiry of the withdrawal period according to § 11 FAGG and the service was then fully provided,
1.7.2 goods or services the price of which depends on fluctuations on the financial market over which the entrepreneur has no influence and which can occur within the withdrawal period,
1.7.3 goods made to customer specifications or clearly tailored to personal needs,
1.7.4 goods that are delivered sealed and are not suitable for return for reasons of public health or hygiene, provided that their seal has been removed after delivery,
1.7.5 Goods which, after being delivered, have been inseparably mixed with other goods due to their nature,
1.7.6 sound or video recordings or computer software delivered in a sealed package, provided that their seal has been removed after delivery,
1.7.7 newspapers, magazines or magazines other than subscription contracts for the supply of such publications,
1.7.8 services in the field of accommodation for other than residential purposes, transport of goods, rental of motor vehicles and the supply of food and drink and services rendered in connection with leisure activities, if and when the contract is fulfilled by the trader Period is contractually provided for,
1.8 If the consumer cancels the contract, we have all the payments that we have received from him, including the delivery costs (with the exception of the additional costs arising from the fact that the consumer a different kind of delivery than offered by us, the most favorable standard delivery), immediately and at the latest within 14 days from the day on which the notice of its revocation of this contract has been received by us. For this repayment we use the same means of payment used by the consumer in the original transaction, unless expressly agreed otherwise. In no case will the consumer be charged for this repayment. In the case of purchase contracts or other contracts for the purchase of goods against payment, we can refuse to repay them until we either have the goods back or the consumer has provided proof of the return of the goods, unless we have offered to pick up the goods ourselves.