Cancellation and withdrawal rights and consequences for consumers by FAGG (6.1 to 6.8) or the Consumer Protection Act (6.9)
If the customer is a consumer under the Consumer Protection Act and he has to based on these Conditions of Contract either as a distance contract or outside our business premises closed (and is the price to be paid in the latter case more than EUR 50), he can of this until the end of resign in pts. 6.2 mentioned period without giving a reason. This does not apply to closed-loop in point. 6.8 exceptional cases, esp. In the acquisition of e-books and POD Print On Demand products under the gem. Pts. 6.8.11 detained conditions. For the cancellation the customer has to us with a clear statement (eg a consigned by post mail, fax or e-mail -. See pt. 1) of his decision to withdraw from this contract, inform. The withdrawal is, however, not bound to any particular shape. Please note, however, that the cancellation must be received by us, to be effective. The customer can for use the attached model withdrawal form here.
Cancellation / revocation declaration
At the Stylinyou E.U., Email: firstname.lastname@example.org
Hereby give notice (s) I / we the of contracted about the article ............... which I / we ordered on ...... .. / ... on. .... have received.
Repayment on account IBAN ....................................... .. .................. .. ... BIC.
Name / consumers (consumers) ................................. .. ......
Address ............................................................................... ....... ...
............ .. .....................................
The withdrawal period is as follows:
For sales contracts and other directed to the acquisition for consideration of a commodity contracts they may, within 14 days from the date on which the consumer it or he them named third party, other than the carrier, or in the possession of the goods gains of the last consignment or the last good has (§ 11 para 2 no. 2 lit a) to c) FAGG).
For contracts for regular delivery of goods during a specified period of time, the deadline 14 days from the day on which the consumer or is an officer designated by third party, other than the carrier, acquires the material possession of the goods first delivered ;
In contracts for the supply of unsaved on a tangible medium of digital content (such as e-books.) - Unless the exception gem on right of withdrawal. Point 6.8.11 is applied -. The time limit within 14 days from the date of contract.
The withdrawal period according to Sec. 6.2.1 to 6.2.4 has been observed if the cancellation is sent within the deadline. Please note, however, that the revocation must be received by us, to be effective (the risk in case of postal or electronic communication (fax, email) is up to you).
Are we our duty to inform according to § 4 para. 1 No. 8 FAGG not complied with, then the period for withdrawal of point 8.2 extended by twelve months. Let us according to our information obligations within this period, the cancellation deadline is 14 days following the date on which the consumer receives that information.
If the consumer withdraws from the contract, we have this all payments that we receive from him, including the costs of supply (with the exception of the additional costs arising from the fact that the consumer a different kind of delivery than the offered by us, has chosen cheapest Shipping), and immediately repay within 14 days from the date on which the notification has been received about the revocation of this contract with us. For this redemption, we use the same method of payment that the consumer has used in the original transaction, unless this has been explicitly agreed otherwise. In no case the consumer will be charged fees because of this repayment. For sales contracts or other on the acquisition for consideration of a product-oriented contracts, we may withhold the reimbursement until we either get back the goods back, or the consumer has supplied evidence of the return of the goods, unless we have offered to collect the goods himself.
The consumer has to return the goods immediately and in any event not later than 14 days from the date on which the latter notifies us of any cancellation of this contract to us or to hand over. The deadline is met if the consumer sends the goods before the deadline of 14 days. The consumer bears the direct cost of returning unless we have previously informed him of the obligation to pay the costs for the return. The consumer only needs to pay for any diminished value of the goods, when this value is due to a loss necessary to ascertain the nature, characteristics and functioning of the goods handling by the consumer. However, the consumer is not liable for the diminished value of the goods if he has not been informed by us about his right of withdrawal.
If the consumer of a contract for the supply of unsaved on a tangible medium of digital content (such as e-books) - unless the exception gem on right of withdrawal. . Point 6.8.11 is applied - back, so meets the consumer for services already rendered the entrepreneur no obligation to pay.
If the consumer has, in the case of a contract for services, requires that they should begin during the withdrawal period, he shall pay us a reasonable amount corresponding to the proportion of up to the time when the consumer of to us from exercising taught right of withdrawal in terms of this contract, services rendered compared to the total amount of services provided by the Treaty corresponds.
The consumer in accordance with § 18 para 1 FAGG no right of withdrawal when concluding contracts.:
Services, if we - started before the end of the withdrawal period in accordance with § 11 FAGG with the execution of the service - based on an explicit desire of the consumer according to § 10 FAGG and a confirmation of the consumer through its knowledge of the loss of the right to withdraw with complete fulfillment of the contract have and the service was then completely rendered,
Goods or services whose price depends on fluctuations in the financial market depends, on which the entrepreneur has no influence and which may occur within the withdrawal period,
Goods that are produced according to customer specifications or clearly tailored to personal needs,
goods that can spoil quickly or whose expiration date has passed quickly,
Goods that are delivered sealed and not appropriate for reasons of health or hygiene reasons to return, provided that were unsealed after delivery,
Products which were mixed after its delivery due to their nature inseparably with other goods,
alcoholic beverages, the price agreed in the contract, but can not be delivered sooner than 30 days after signing the contract and the current value of fluctuations in the market depends, to which the trader has no influence,
audio or video recordings or computer software which are delivered in a sealed package, provided that were unsealed after delivery,
newspapers, periodicals or magazines with the exception of subscription contracts for the supply of such publications,
services in the fields, transportation of goods, delivery of food and beverages and services rendered in connection with leisure activities, unless a specific date or period is foreseen in the contract each for the fulfillment of the contract by the contractor,
delivering not stored on a tangible medium of digital content, such as e-books, if the entrepreneur - with the express consent of the consumer, connected to its attention by the loss of the right of rescission upon early start with the performance of the contract, and by providing a . copy or confirmation in accordance with § 5 para 2 FAGG or § 7 para 3 FAGG -. has begun before the end of the withdrawal period in accordance with § 11 FAGG with delivery.
If the agreed remuneration is less than EUR 50, the customer is the right of withdrawal under § 3 KSchG as follows: If the consumer has his contract either in the permanently benützten by the entrepreneur for his business purposes spaces still at one of this for it to a fair or a market benützten Stand leave, he may withdraw from the contractual application or the agreement. This withdrawal may be declared until the conclusion of the contract or thereafter, within 14 days. This period begins with the handing over of a document that contains at least the name and address of the entrepreneur, the information necessary to identify the contract details as well as an instruction on the right of withdrawal, the period for withdrawal and the procedure for exercising the right of withdrawal, the consumer but not earlier than the conclusion of the contract, in sales contracts for goods, from the day on which the consumer acquires the material possession of the goods. If the handing over of such a certificate was omitted, so the consumer has the right of withdrawal for a period of twelve months and 14 days from the conclusion of the contract or delivery of goods; if the entrepreneur makes up for Urkundenausfolgung within twelve months from the beginning of the period, as the prolonged withdrawal period ends 14 days after date on which the consumer receives the certificate.
If this apply to the exercise of the right of withdrawal, the provisions of the above items 6.4 and 6.5. There, the pattern of the cancellation of point 6.1 are used.
The right of withdrawal the consumer not to when he himself has established the business connection with the entrepreneur or his agent for the purpose of closing of this contract, if the conclusion of the contract no meetings between the parties or their representatives are preceded or for contracts where the mutual services shall be provided immediately when they are usually closed by entrepreneurs beyond your premises and the agreed fee 25 euros, or if the company is not operated according to its nature in permanent premises and the remuneration does not exceed 50 euros, for contracts which are subject to long-distance and Away transactions law (this case is the right of withdrawal gem. above point 6.1 to 6.8) or when the contract declarations made by the consumer in physical absence of the entrepreneur, unless he has been urged by the entrepreneur.
Retention of title
The goods delivered by us until full payment of all our claims from the respective supply our property.
The customer is obliged to handle the goods during the period of retention of title. He has to inform us immediately of any third party access to the goods, especially foreclosure measures, as well as damage to or destruction of the goods. The customer has to reimburse us if there are fault all damages and costs incurred on the goods by a breach of these obligations and from necessary intervention measures against accesses of third parties.