According to the Consumer Protection Act, consumers have the right to withdraw from this Contract within fourteen days without giving a reason.
The withdrawal period is:
- in the case of a service contract or a contract for the supply of water, gas or electricity, unless they are offered for sale in limited quantities or specific quantities, district heating or digital content not supplied on a tangible medium, fourteen days from the date of conclusion of the Contract.
- in the case of a purchase contract, fourteen days from the date on which you or a third party appointed by you, who is not the carrier, took over the goods.
- in the case of a contract for several goods which the Consumer has ordered in one order and which is delivered individually, fourteen days from the date on which you or a third party appointed by you, who is not the carrier, takes over the last goods.
- in the case of a contract for the delivery of goods in several partial consignments or pieces, fourteen days from the date on which you or a third party appointed by you, who is not the carrier, took over the last partial consignment or the last piece.
- in the case of a contract for the regular delivery of goods for a specified period, fourteen days from the date on which you or a third party appointed by you, who is not the carrier, took over the first goods. In order to exercise your right of withdrawal, you must inform us (name, address and, if available, telephone number, fax number and e-mail address) of your decision to terminate the Contract and to do so by means of a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form for this purpose, but this is not mandatory.
in the case of a contract for the regular delivery of goods for a specified period, fourteen days from the date on which you or a third party appointed by you, who is not the carrier, took over the first goods. In order to exercise your right of withdrawal, you must inform us (name, address and, if available, telephone number, fax number and e-mail address) of your decision to terminate the Contract and to do so by means of a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form for this purpose, but this is not mandatory.
To meet the withdrawal period, it is sufficient to send a notice of the exercise of your right of withdrawal before the expiry of the withdrawal period.
Consequences of Withdrawal
If you withdraw from this Contract, we are obliged to refund all payments we have received from you, including shipping costs (with the exception of additional costs resulting from choosing a different type of delivery than the cheapest standard delivery we offer), immediately and no later than fourteen days from the date we receive a notice of your withdrawal from this Contract. For this refund, we shall use the same payment method you used for the original transaction, unless expressly agreed otherwise with you; In no case will you be charged any fees for this refund. In the case of purchase contracts for which we have not offered to pick up the goods ourselves in the event of cancellation, we may refuse a refund until we receive the goods back or until you provide proof that you have sent the goods back, whichever comes first.
If you have received the goods in connection with the Contract, you must return or hand it over to us immediately, in any case no later than fourteen days from the date on which you informed us of the cancellation of this Contract. The deadline is met if you send the goods before the deadline of fourteen days. You pay the direct costs of returning the goods.
You must pay any loss of value of the goods only if this loss of value is caused by handling of the goods, which is not necessary to check the nature, properties and functionality of the goods.
If you have requested that the performance of the services begin already during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of services already provided until the moment you have informed us of the exercise of the right of withdrawal in connection with this Contract compared to the total scope of services laid down therein.
If the Customer is an entrepreneur, an appeal is completely inadmissible.
Sample Form for Withdrawal from the Contract
(if you want to withdraw from the Contract, please fill in this form and send it back)
— to [Hauserwelt GmbH, Brunngasse 38, 2170 Poysdorf, firstname.lastname@example.org]:
— I/we (*) hereby withdraw from the Contract for the purchase of the following goods /
provision of the following services (*), concluded by me/us (*) on the Internet
— ordered on (*) / received on (*)
— name of the Consumer(s)
— address of the Consumer(s)
— signature of the Consumer(s) (only for printed notification)
(*) Cross out where not applicable.
Instructions for the smoothest possible processing of return of the goods.
(1) If possible, please send us the goods in the complete original packaging. The use of the original packaging is not a “necessity”, i.e. it is not a necessary precondition for exercising your rights, but it simplifies our processing.
(2) Have the return of the goods confirmed on your documents at the post office.
(3) ) If you want to return only one item from the delivery, but you have also ordered other goods that you now want to pay on the invoice, simply subtract the price of the item you returned from the total invoice amount. If you pay by direct debit, the price for the returned item will not be calculated automatically.
The Consumer does not have the right to withdraw from
- the service contract if the Entrepreneur – based on the Consumer’s explicit request under Section 10 of the Act on Distance and Off-Premises Contracts (FAGG) and the Consumer’s confirmation of its knowledge of the loss of the right to withdraw from the Contract in the case of full performance of the Contract – began to provide the service before the expiry of the withdrawal period under Section 11 of FAGG and the service has been fully provided;
- to withdraw from the contract for goods or services whose price depends on financial market fluctuations over which the Entrepreneur has no influence and which may occur within the withdrawal period;
- for goods which are manufactured according to the customer’s specifications or which are clearly adapted to its personal needs;
- for goods which may deteriorate rapidly or the use-by date of consumption would be exceeded rapidly;
- for goods which are delivered sealed and not suitable for return for reasons of health or hygiene, if this seal has been removed;
- for goods which, by their nature, have been inseparably mixed with other goods after delivery;
- for alcoholic beverages, the price of which was agreed at the conclusion of the Contract, but which cannot be delivered earlier than 30 days after the conclusion of the Contract and whose current value depends on market fluctuations over which the Entrepreneur has no influence;
- for audio or video recordings or computer software which is supplied in a sealed package if the seal has been removed after delivery;
- for newspapers, journals or periodicals, with the exception of subscription agreements for the supply of such publications;
- for services in the field of accommodation for non-residential purposes, transport of goods, rental of motor vehicles and distribution of food and beverages and services provided in connection with leisure activities, if a specific time or period for the performance of the Contract is contractually stipulated;
- on the supply of digital content that is not stored on a physical data carrier, if the Entrepreneur – with the express consent of the Consumer, in combination with its knowledge of the loss of the right to withdraw from the Contract, in case of early commencement of performance and after providing confirmation under Section 7(3) of FAGG – started the delivery before the expiry of the withdrawal period according to Section 11 of FAGG;
- on urgent repairs or maintenance work, in the case of which the Consumer has expressly requested a visit from the Entrepreneur in order to carry out these works.If, during such a visit, the Entrepreneur provides other services not explicitly requested by the Consumer, or if it supplies goods that are not necessarily required as a spare part for maintenance or repair, the Consumer has the right to withdraw from the provision of these additional services or goods.
The Consumer has no right to withdraw from contracts concluded at a public auction.