Right of withdrawal
Right of withdrawal
In distance selling, consumers have the right to cancel the contract within fourteen days without giving reasons. Cancellation 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, took possession of the goods; - in the case of a contract for several goods that 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 designated by him, other than the carrier, takes possession of the last goods took; - in the case of a contract for the delivery of goods in several partial consignments or pieces, from the day on which the consumer or a third party designated by him, other than the carrier, takes possession of the last partial consignment or last piece - in Case of a contract for the regular delivery of goods over a specified period, from the day on which the consumer or a third party designated by him, other than the carrier, takes possession of the first goods. In order to meet the cancellation period, it is sufficient for consumers to send notification of their exercise of the right of cancellation before the cancellation period expires.
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Declaration of revocation.
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In order to exercise the right of withdrawal, consumers must inform the entrepreneur (Rootery FlexCo, Reitdorferstraße 201, 5543 Reitdorf, Austria) of their decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or email). . ​ Consumers can use the sample cancellation form below, although this is not mandatory.
Sample cancellation form.
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(To revoke the contract, please fill out this form and send it back.) — To Rootery FlexCo Reitdorferstraße 201, 5542 Reitdorf, angelinawidmann1@gmail.com — I/we (*) hereby revoke the consent given by me/us ( *) concluded contract 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). Consumers (only for paper notification) - Date - (*) - Delete what is not applicable.
Consequences of revocation of goods.
​If consumers withdraw from a contract, the entrepreneur shall have all payments received by the entrepreneur from the consumer, including the delivery costs (with the exception of the additional costs resulting from the consumer choosing a different type of delivery than the one offered by the entrepreneur, the cheapest has chosen standard delivery) immediately and at the latest within fourteen days from the day on which the entrepreneur received notification of the cancellation of this contract. For this repayment, the entrepreneur uses the same means of payment that the consumer used in the original transaction, unless something else was expressly agreed with the consumer; In no case will 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 no later than fourteen days from the day on which the consumer informs the entrepreneur of the cancellation of this contract. The deadline is met if the consumer sends the goods before the fourteen day period has expired. The entrepreneur can refuse repayment until the entrepreneur has received the goods back or until the consumer has provided evidence that the consumer has returned the goods, whichever is earlier. The consumer only has to pay for any loss in value of the goods if this loss in value is due to handling other than what is necessary to establish the nature, properties and functionality of the goods. ​ The consumer bears the direct costs of returning the goods. • 18 FAGG. According to § 18 FAGG, there is no right of withdrawal for consumers for: - goods that can spoil quickly or whose expiry date would quickly be exceeded - goods that are delivered sealed and are not suitable for return for health protection or hygiene reasons, provided that they are sealed after the Delivery was removed.