Right of Revocation
This applies exclusively to consumers within the scope of the Consumer Protection Act and concerns the right to withdraw from the contract in the case of orders placed at a distance (webshop, e-mail, telephone, fax).
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days and begins,
- on the day on which you or a third party named by you and not acting as a carrier acquires possession of the goods;
- if you have ordered several goods as part of a single order, which are delivered separately, on the day on which you or a third party named by you, not acting as a carrier, gained possession of the last goods delivered;
- in the case of delivery of goods in several partial consignments, on the day on which you or a third party not acting as a carrier and named by you acquires possession of the last partial consignment;
If more than one of the above points apply, then the cancellation period begins to run when you or a third party ordered by you, who is not the carrier, has taken possession of the last goods or partial shipment.
Malle-Schmickl GesnbR
Ehrentalerstr. 39
9020 Klagenfurt am Wörthersee
Tel: +43 463 437786
E-mail: schmickl@malle-schmickl.at
To exercise the right of withdrawal, you must notify us of your decision to revoke this contract by means of a clear written declaration (e.g. a letter sent by post, fax or e-mail).
You can use the cancellation form provided by us for this purpose, but it is not mandatory. To comply with the withdrawal period, simply send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.
Sample Cancellation Form
If you want to cancel the contract, please fill out this form and send it back to us.
Download sample cancellation form
Implications of the Revocation
You must return the goods received without delay and in any case no later than fourteen days from the day on which you notify us of the revocation of this contract to Malle-Schmickl GesnbR.
Ehrentalerstr. 39, 9020 Klagenfurt am Wörthersee, Tel: +43 463 437786, E-mail: schmickl@malle-schmickl.at. schmickl@malle-schmickl.at The deadline is met if you send the goods before the deadline of fourteen days.
If you revoke or cancel this contract, we shall refund you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We can refuse the repayment until we have either received the goods back or you have provided us with proof of the return of the goods.
Costs of Returning the Goods in the Event of Cancellation
As the customer, you shall bear the direct costs of returning the goods. You shall only be liable for any loss in value of the goods if this loss in value is due to handling that is not necessary for testing the condition, properties and functioning of the goods.
However, you are under no circumstances liable for the loss of value of the goods if you have not been informed by us of your right of withdrawal.
Disclosure Obligation
If we have not fulfilled our duty to inform according to §4 Abs 1 Z8 FAGG, your right of withdrawal is extended by 12 (twelve) months. If we comply with our duty to inform within this period, the withdrawal period ends 14 (fourteen) days after you have received information about the right of withdrawal from us.
Exceptions to the Right of Withdrawal
No right of withdrawal exists according to § 18 Abs 1 Fern- und Auswärtsgeschäfts-Gesetz (FAGG) when concluding contracts about:
Digital products, if the consumer has expressly consented to the commencement of the performance of the contract before the expiry of the withdrawal period and the consumer has confirmed that he/she has taken note of the fact that he/she loses his/her right of withdrawal due to the premature commencement of the performance of the contract.
Contracts for the provision of services related to leisure activities, if the contract provides for a specific date or period for the provision. Accordingly, a right of withdrawal is also excluded in the case of contracts for the sale of tickets for scheduled leisure events (seminars).