Right of cancellation. In distance selling, consumers have the right to cancel the contract within fourteen days without giving reasons.
Cancellation period. The cancellation 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 the consumer, who is not the carrier, has taken possession of the goods;
– in the case of a contract for 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 indicated by the consumer 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 the consumer 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, transport of goods, rental of motor vehicles and delivery of food and beverages and services provided in connection with leisure activities, provided that a specific date or period is contractually stipulated for the fulfilment of the contract by the entrepreneur, from the conclusion of the contract
In order to comply with the cancellation period, it is sufficient for consumers to send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.
Declaration of cancellation. In order to exercise the right of cancellation, consumers must inform the entrepreneur (Hundeflo GmbH, Fischbachstraße 63, 5020 Salzburg, Austria) of their decision to cancel this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). Consumers can use the model cancellation form below, but this is not mandatory.
Model cancellation form. (To cancel the contract, please complete and return this form).
—
To the
Hundeflo GmbH
Fischbachstraße 63
5020 Salzburg
Austria
I/we (*) hereby cancel 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) – Date
Date –
(*) Delete as applicable.
Consequences of cancellation 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 notification of the cancellation of this contract was received by the trader. 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 trader immediately and in any case no later than fourteen days from the day on which the consumer informs the trader of the cancellation of this contract. The deadline is met if the consumer sends the goods before the expiry of the fourteen-day period.
The trader may refuse repayment until the trader has received the goods back or until the consumer has provided proof that the consumer has returned the goods, whichever is earlier.
The consumer shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
The consumer shall bear the direct costs of returning the goods.
Consequences of cancellation for services. If the consumer withdraws from a service contract after the entrepreneur has begun to fulfil 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 up to the withdrawal.
- 18 FAGG. According to § 18 FAGG there is no right of cancellation for consumers for:
– Services in the areas of accommodation other than for residential purposes, transport of goods, rental of motor vehicles and delivery of food and beverages and services provided in connection with leisure activities, provided that a specific time or period is contractually stipulated for the fulfilment of the contract by the entrepreneur in each case
– goods that are manufactured according to customer specifications or are clearly customised to personal requirements