Consumer's right of withdrawal under the FAGG
Consumers have a right of withdrawal if the legal transaction was concluded outside of business premises or by distance selling.
The customer as a consumer has the right to cancel the contract within 14 days from the day on which the customer or a third party named by them, who is not the carrier, took possession of the goods, without giving a reason to revoke, provided that the underlying transaction is subject to Sections 3 KSchG and 11 FAGG.
To exercise the right of withdrawal, the customer must inform the seller, FLOEMER GmbH, Mundorfing 7, 4751 Dorf an der Pram, Tel. 0660 / 507 79 38, E-Mail: info@floemer.at, inform us of your decision to revoke the contract by means of a clear declaration (e.g. by post or email). The sample revocation form below can be used for this purpose – but does not have to be.
Withdrawal Form (Model)
To:
FLOEMER GmbH
Mundorfing 7
4751 Dorf an der Pram
E-mail: info@floemer.at
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 consumer: ___
– Consumer's address: ___
– Signature (only if submitted on paper)
– Date: ___
Consequences of withdrawal
If the customer revokes the contract, the seller shall refund all payments received from the customer, including the standard delivery charges, within 14 days of the day on which the seller receives notice of the revocation. For this refund, the same means of payment shall be used as was used for the original transaction, unless expressly agreed otherwise.
The customer must return the goods received immediately and at the latest within 14 days of notification of cancellation. The customer shall bear the cost of returning the goods. The customer shall only be liable for any loss in value if this is attributable to handling of the goods which is not necessary to check the condition, characteristics and functioning of the goods.
Exemptions from the right of withdrawal
- Goods made to customer specifications or clearly tailored to individual needs
- Goods that can easily perish or whose expiry date would soon be exceeded
- Goods delivered sealed which are not suitable for return for reasons of health protection or hygiene if their seal has been broken after delivery
- Goods which, by reason of their nature, have been inseparably mixed with other goods after delivery
- Audio or video recordings or computer software in sealed packaging, provided that the seal has been broken after delivery
- Newspapers, magazines or illustrated publications, with the exception of subscription contracts