Right of withdrawal
revocationinstruction
Customers who are to be regarded as consumers can withdraw from a distance contract or an off-premises contract within 14 days without giving a reason. The instruction on the requirements and consequences of the revocation are given in the following revocation instruction:
right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods or on which you or a third party named by you who is not the carrier is, have taken possession of the last goods, the partial shipment or the last piece. In order to exercise your right of withdrawal, you must inform us
Gains and Roses e.U.
Albert-Schweitzer-Gasse 49
Owner Marie-Theres Neumeister
Tel: +43 664 244 95 44
Email: info@gainsandroses.at
by means of a clear statement (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract.
For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.
We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us (Gains and Roses e.U., Albert-Schweitzer-Gasse 49 8020 Graz) immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You are only 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.
Exceptions to the right of withdrawal
In particular, the right of withdrawal does not apply to orders for the following goods:
- Goods which, due to their nature, have been inseparably mixed with other goods after delivery;
- Goods made to customer specifications or clearly tailored to personal needs;
- Goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery;
- Newspapers, periodicals or magazines with the exception of subscription contracts for the delivery of such publications,
- the delivery of digital content that is not stored on a physical data carrier, if GAINSANDROSES - with the express consent of the consumer, combined with his knowledge of the loss of the right of withdrawal in the event of a premature start with the fulfillment of the contract, and after providing a copy or confirmation according to § 5 paragraph 2 or § 7 Para. 3 FAGG - started delivery before the end of the withdrawal period according to § 11 FAGG;
- Goods whose price depends on fluctuations in the financial market over which GAINSANDROSES has no control and which may occur within the withdrawal period or
- Goods that can spoil quickly or whose use-by date would soon be exceeded.
Sample cancellation form
(If you want to revoke the contract, please fill out this form and send it back)
To the:
Gains and Roses e.U.
Owner Marie-Theres Neumeister
Albert-Schweitzer-Gasse 49
8020 Graz
Tel: +43 664 244 95 44
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(s): .....................................................................................................
Address of consumer(s): .....................................................................................................
.....................................................................................................
.....................................................................................................
Signature of consumer(s) ................................................ ................
(only if notification is on paper)
Datum .....................................................
(*) Delete where not applicable.
