Right of Withdrawal for Consumers
A consumer is a natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor his self-employed professional activity
The right of withdrawal expires prematurely for such contracts, the subject of which is the provision of a service if the contractor has provided the service in full and has only begun to provide the service after the customer has given his express consent and at the same time has confirmed his knowledge that he will lose his right of withdrawal upon full performance of the contract (§ 356 a para. 4 BGB).
The right of withdrawal shall not apply to such products,
- which are not prefabricated and for the production of which an individual selection or determination by you as the customer is decisive or which are clearly tailored to your personal needs (§ 312g para. section 2, no. 1 BGB);
- which can spoil quickly or whose expiration date would be quickly exceeded (§ 312g para. 2 no. 2 BGB); or
- which involve food and/or beverages (§ 312, section 2, No. 9, BGB).
The right of withdrawal Expires for such Products,
- which are not suitable for return for reasons of health protection or hygiene after their seal has been removed after delivery (§ 312g para. 2, no. 3, BGB), or
- which, after delivery, were inseparably combined with other goods due to their nature (§ 312 para. 2 no. 4 BGB).
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving reasons.
The withdrawal period is fourteen days from the date
- of conclusion of the contract in case you have concluded a contract for the performance of an analysis, or
- on which you or some third party nominated by you who is not the carrier took receipt of the goods delivered last from a single order, or
- on which you or some third party nominated by you who is not the carrier took receipt of the goods delivered first in case you have concluded a contract for a subscription.
In order to exercise your right of withdrawal, you must inform us (Novogenia GmbH, Strass 19, 5301 Eugendorf, Austria, telephone: +43 662 42 50 99 11, fax: +43 662 42 50 99 44, e-mail: firstname.lastname@example.org by means of a clear statement (e.g., a letter by mail, fax or e-mail) of your decision to withdraw from this contract. You may use the attached model withdrawal form, which is not mandatory.
In order to comply with the withdrawal period, it is sufficient to send the notification of the exercise of the right of withdrawal before the end of the withdrawal period.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery charges (except for additional charges resulting from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date we receive notification of your withdrawal of this contract. For this refund, 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 for this refund.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You are required to return the goods to us or hand them over to us without delay and, in any event, within fourteen days of notifying us that you are withdrawing from this contract. The deadline will be deemed to have been met if you dispatch the goods before expiry of the fourteen-day deadline. You will bear the costs of returning the goods.
You will only be required to meet the costs for any depreciation of the goods where this depreciation was caused by their inappropriate treatment during the course of examining their structure, properties and functions.
If you have requested that the services should commence during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided by the time you inform us of the exercise of the right of withdrawal in respect of this contract compared to the total amount of services provided for in the contract.
Sample Withdrawal Form
(If you want to withdraw from the contract, please fill out this form and send it back).
- To Novogenia GmbH, Strass 19, 5301 Eugendorf, Austria, Fax: +43 662 42 50 99 44, E-Mail: email@example.com
- I/we (*) hereby withdraw from 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 in case of a communication on paper)
(*) Delete as applicable.