right of withdrawal
right of withdrawal
Design tips:
BGBl. III - Issued on 26 May 2014 - No. 33
1 of 3
ANNEX I
Information on exercising the right of withdrawal
A. Sample cancellation policy
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day 1.
To exercise your right of withdrawal, you must inform us ( 2 ) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached model withdrawal form for this purpose, but this is not mandatory. 3
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.
consequences of revocation
If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. 4
1. Insert one of the following text blocks in quotation marks:
(a) in the case of a service contract or a contract for the supply of water, gas or electricity, where they are not offered for sale in a limited volume or quantity, of district heating or of digital content not supplied on a tangible medium: ‘the conclusion of the contract’;
(b) in the case of a sales contract: ‘on which you or a third party other than the carrier designated by you takes possession of the goods.’;
(c) 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: ‘on which you or a third party other than the carrier designated by you takes possession of the last good.’;
(d) in the case of a contract for the delivery of goods in several partial deliveries or pieces: ‘on which you or a third party other than the carrier designated by you takes possession of the last partial delivery or the last piece.’;
www.ris.bka.gv.at
BGBl. III - Issued on 26 May 2014 - No. 33 2 of 3
(e) in the case of a contract for the regular delivery of goods over a specified period of time: ‘on which you or a third party other than the carrier indicated by you takes possession of the first good.’
2. Include your name, address and, if available, your telephone number, fax number and email address.
3. If you give the consumer the option to electronically fill in and submit the information about his withdrawal from the contract on your website, insert the following: "You can also electronically fill in and submit the model withdrawal form or another clear statement on our website [insert internet address]. If you make use of this option, we will immediately send you (e.g. by email) a confirmation of receipt of such a withdrawal."
4. In the case of sales contracts in which you have not offered to collect the goods yourself in the event of cancellation, insert the following: "We may refuse to reimburse you until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier."
5. If the consumer has received goods in connection with the contract:
a) Insert:
— “We will pick up the goods.” or
— "You must return or hand over the goods to us or to [insert the name and address of the person authorized by you to receive the goods] promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period."
b) Insert:
— ‘We will bear the cost of returning the goods.’;
— ‘You will bear the direct cost of returning the goods.’;
— In the case of a distance contract, if you do not offer to bear the cost of returning the goods and the goods, by their nature, cannot normally be returned by post: ‘You will bear the direct cost of returning the goods, which will amount to ... EUR [insert amount]’, or if the costs cannot reasonably be calculated in advance: ‘You will bear the direct cost of returning the goods. The costs are estimated at a maximum of approximately ... EUR [insert amount]’, or
— where, in the case of a contract concluded away from business premises, the goods cannot, by their nature, be returned normally by post and were delivered to the consumer’s home at the time the contract was concluded: ‘We will collect the goods at our expense.’ and
c) Insert: "You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning."
6. In the case of a contract for the provision of services or the supply of water, gas or electricity, if they are not offered for sale in a limited volume or quantity, or of district heating, insert the following: ‘If you have requested that the services or supply of water/gas/electricity/district heating [delete as appropriate] should begin during the withdrawal period, you shall pay us an appropriate amount corresponding to the proportion of the services already provided up to the time at which you notify us of the exercise of the right of withdrawal with respect to this contract compared to the total scope of the services provided for in the contract.’
www.ris.bka.gv.at
BGBl. III - Issued on 26 May 2014 - No. 33 3 of 3
B. Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back)
— To [here the entrepreneur must insert the name, address and, if applicable, the fax number and email address of the entrepreneur]:
— 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 if notification is on paper)
- Date
(*) Delete as appropriate
Design tips:
BGBl. III - Issued on 26 May 2014 - No. 33
1 of 3
ANNEX I
Information on exercising the right of withdrawal
A. Sample cancellation policy
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day 1.
To exercise your right of withdrawal, you must inform us ( 2 ) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached model withdrawal form for this purpose, but this is not mandatory. 3
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.
consequences of revocation
If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. 4
1. Insert one of the following text blocks in quotation marks:
(a) in the case of a service contract or a contract for the supply of water, gas or electricity, where they are not offered for sale in a limited volume or quantity, of district heating or of digital content not supplied on a tangible medium: ‘the conclusion of the contract’;
(b) in the case of a sales contract: ‘on which you or a third party other than the carrier designated by you takes possession of the goods.’;
(c) 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: ‘on which you or a third party other than the carrier designated by you takes possession of the last good.’;
(d) in the case of a contract for the delivery of goods in several partial deliveries or pieces: ‘on which you or a third party other than the carrier designated by you takes possession of the last partial delivery or the last piece.’;
www.ris.bka.gv.at
BGBl. III - Issued on 26 May 2014 - No. 33 2 of 3
(e) in the case of a contract for the regular delivery of goods over a specified period of time: ‘on which you or a third party other than the carrier indicated by you takes possession of the first good.’
2. Include your name, address and, if available, your telephone number, fax number and email address.
3. If you give the consumer the option to electronically fill in and submit the information about his withdrawal from the contract on your website, insert the following: "You can also electronically fill in and submit the model withdrawal form or another clear statement on our website [insert internet address]. If you make use of this option, we will immediately send you (e.g. by email) a confirmation of receipt of such a withdrawal."
4. In the case of sales contracts in which you have not offered to collect the goods yourself in the event of cancellation, insert the following: "We may refuse to reimburse you until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier."
5. If the consumer has received goods in connection with the contract:
a) Insert:
— “We will pick up the goods.” or
— "You must return or hand over the goods to us or to [insert the name and address of the person authorized by you to receive the goods] promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period."
b) Insert:
— ‘We will bear the cost of returning the goods.’;
— ‘You will bear the direct cost of returning the goods.’;
— In the case of a distance contract, if you do not offer to bear the cost of returning the goods and the goods, by their nature, cannot normally be returned by post: ‘You will bear the direct cost of returning the goods, which will amount to ... EUR [insert amount]’, or if the costs cannot reasonably be calculated in advance: ‘You will bear the direct cost of returning the goods. The costs are estimated at a maximum of approximately ... EUR [insert amount]’, or
— where, in the case of a contract concluded away from business premises, the goods cannot, by their nature, be returned normally by post and were delivered to the consumer’s home at the time the contract was concluded: ‘We will collect the goods at our expense.’ and
c) Insert: "You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning."
6. In the case of a contract for the provision of services or the supply of water, gas or electricity, if they are not offered for sale in a limited volume or quantity, or of district heating, insert the following: ‘If you have requested that the services or supply of water/gas/electricity/district heating [delete as appropriate] should begin during the withdrawal period, you shall pay us an appropriate amount corresponding to the proportion of the services already provided up to the time at which you notify us of the exercise of the right of withdrawal with respect to this contract compared to the total scope of the services provided for in the contract.’
www.ris.bka.gv.at
BGBl. III - Issued on 26 May 2014 - No. 33 3 of 3
B. Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back)
— To [here the entrepreneur must insert the name, address and, if applicable, the fax number and email address of the entrepreneur]:
— 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 if notification is on paper)
- Date
(*) Delete as appropriate