Right of withdrawal. In distance selling, consumers have the right to withdraw from the contract within fourteen days without giving reasons.
Withdrawal period. The withdrawal period is fourteen days
– in the case of a contract for the supply of goods, from the day on which the consumer or a third party designated by him who is not the carrier has taken possession of the goods;
– 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, from the day on which the consumer or a third party named by him, who is not the carrier, has taken possession of the last goods;
– in the case of a contract for the delivery of goods in several partial shipments or pieces, from the day on which the consumer or a third party designated by him, who is not the carrier, has taken possession of the last partial shipment or the last piece
– in the case of a contract for the regular delivery of goods over a fixed period of time, from the day on which the consumer or a third party other than the carrier and indicated by him has taken possession of the first goods
– in the case of a service contract, with the exception of services in the areas of accommodation other than for residential purposes, transportation of goods, rental of motor vehicles and the supply of food and beverages and services provided in connection with leisure activities, provided that a specific date or period is contractually stipulated for the performance of the contract by the entrepreneur, from the conclusion of the contract
In order to comply with the withdrawal period, it is sufficient for consumers to send the notification of the exercise of the right of withdrawal before the withdrawal period expires.
Declaration of revocation. In order to exercise the right of withdrawal, consumers must inform the trader (Hundeflo GmbH, Fischbachstraße 63, 5020 Salzburg, Austria) of their decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). Consumers can use the model withdrawal form below, but this is not mandatory.
Sample withdrawal form. (To cancel the contract, please complete and return this form).
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 the consumer(s) –
Address of the consumer(s) –
Signature of the consumer(s) (only for notification on paper) –
(*) Delete as appropriate.
Consequences of withdrawal for goods. If consumers withdraw from a contract, the trader must refund all payments that the trader has received from the consumer, including delivery costs (with the exception of additional costs resulting from the fact that the consumer has chosen a different type of delivery than the cheapest standard delivery offered by the trader), immediately and at the latest within fourteen days from the day on which the trader receives notification of the withdrawal from this contract. For this repayment, the trader shall use the same means of payment that the consumer used for the original transaction, unless expressly agreed otherwise with the consumer; in no case shall the consumer be charged any fees for this repayment.
The consumer must return or hand over the goods to the entrepreneur immediately and in any case within fourteen days at the latest from the day on which the consumer informs the entrepreneur of the revocation of this contract. The deadline is met if the consumer sends the goods before the period of fourteen days has expired.
The entrepreneur may refuse repayment until the entrepreneur has received the goods back or until the consumer has provided proof that the consumer has returned the goods, whichever is the earlier.
The consumer only has to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check their condition, properties and functionality.
The consumer bears the direct costs of returning the goods.
Consequences of withdrawal for services. If the consumer withdraws from a service contract after the entrepreneur has begun to fulfill the contract, the entrepreneur is entitled to charge the consumer an amount that is proportionate to the contractually agreed total price and corresponds to the service already provided by the entrepreneur until the withdrawal.
- 18 FAGG. According to § 18 FAGG there is no right of withdrawal for consumers for:
– services in the areas of accommodation other than for residential purposes, transportation of goods, rental of motor vehicles and the supply of food and beverages and services provided in connection with leisure activities, provided that a specific date or period is contractually stipulated for the performance of the contract by the entrepreneur in each case
– Goods that are manufactured according to customer specifications or are clearly tailored to personal needs