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CANCELLATION POLICY FOR CONSUMERS
Right of withdrawal. Consumers have the right to withdraw from the contract within fourteen days without giving any reason.
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, other than the carrier, has taken possession of the goods;
– in the case of a contract for the supply of several goods ordered by the consumer as part of a single order and delivered separately, from the day on which the consumer or a third party other than the carrier and designated by him has taken possession of the last goods;
– in the case of a contract for the supply of goods in several instalments or pieces, from the day on which the consumer or a third party other than the carrier and indicated by him has taken possession of the last instalment or 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.
To comply with the withdrawal period, it is sufficient for consumers to send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.
Declaration of withdrawal. To exercise the right of withdrawal, consumers must notify the entrepreneur (Prof. Dr.hc. Werner Niederwinkler, owner of HSD – HomeShoppingDreams, Estermannstraße 6, 4020 Linz, 0043 676 4902616, [email protected]) by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) of their decision to revoke this contract. Consumers may use the model withdrawal form below for this purpose, which is, however, not mandatory.
Sample revocation form. (To revoke the contract, please complete and return this form).
To Prof. Dr.hc. Werner Niederwinkler,
owner of HSD – HomeShoppingDreams
Estermann Street 6
4020 Linz
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 in case of communication on paper) –
Date –
(*) Delete as applicable.
Consequences of revocation for goods. If consumers revoke a contract, the Entrepreneur shall repay all payments received by the Entrepreneur from the Consumer, including delivery costs (with the exception of additional costs resulting from the fact that the Consumer has chosen a type of delivery other than the cheapest standard delivery offered by the Entrepreneur), without undue delay and no later than within fourteen days from the day on which the Entrepreneur received the notification of the revocation of this contract. For this repayment, the Entrepreneur shall use the same means of payment that the Consumer used in the original transaction, unless expressly agreed otherwise with the Consumer; in no case shall the Consumer be charged any fees due to this repayment.
The Consumer shall return or hand over the goods to the Entrepreneur without undue delay and in any case no later than within fourteen days from the day on which the Consumer notifies the Entrepreneur of the revocation of this contract. The deadline is met if the consumer sends the goods before the expiry of the period of fourteen days.
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 must pay for any loss in value of the goods only if this loss in value is due to a handling of the goods not necessary for the examination of the quality, characteristics and functioning of the goods.
The consumer bears the direct cost of returning the goods.
§ 18 FAGG. According to § 18 FAGG there is no right of withdrawal for consumers for:
– Goods that are made to customer specifications or clearly tailored to personal needs.
– goods that have been inseparably mixed with other goods after delivery due to their nature
– goods that can spoil quickly or whose expiration date would be quickly exceeded
– Goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided that their seal has been removed after delivery
– Sound or video recordings or computer software delivered in a sealed package, provided that their seal has been removed after delivery
– newspapers, periodicals or magazines, with the exception of subscription contracts for the delivery of such publications
– alcoholic beverages, the price of which was agreed upon at the conclusion of the contract, but which cannot be delivered earlier than 30 days after the conclusion of the contract and the current value of which depends on fluctuations in the market over which the entrepreneur has no control