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5. Consumer's Right of Rescission
5.1 (A consumer is any natural person who enters into a transaction for purposes which can be attributed mainly neither to his or her business nor self-employed professional activities.)
5.2 Notice on the Right of Rescission
You have the right to rescind this agreement within fourteen days, without giving a reason. The withdrawal period shall be fourteen days from the date on which you or a named third party, other than the carrier, have taken possession of the goods.
To exercise your right, you must send written notice (e.g. by post, fax or email) that clearly expresses your intention to rescind the agreement to
(Thomas Pizzini - Schneidwarenfachhandel, Bischofstr.5, A-4020 Linz, Tel: +43 732 771831; Fax: +43 732 779811; email address: firstname.lastname@example.org).
You may use the attached sample notice of rescission, but its use is not required.
If you exercise your right, I will provide immediate confirmation of your notice of rescission (for example, by email). The notice of rescission shall be deemed timely if it has been sent before the expiry of the rescission period stated herein.
5.3 Consequences of rescission
If you rescind this contract, we shall refund all payments that we have received from you, including delivery costs (with the exception of any additional costs incurred by your optional choice of another mode of delivery other than the least expensive standard delivery offered by use) within fourteen days from the date on which your notice of rescission has been received by us. We will refund the same method of payment that you used for the initial transaction, unless otherwise agreed; in no instance, will you be charged fees for this refund.
We may withhold the refund until we have received the returned goods. You shall return the goods to us promptly and in any event not later than fourteen days from the date on which you notify us that you are exercising your right to rescind the contract. The deadline is met if you send back the goods before fourteen days run out.
You will bear the direct cost of returning the goods.
If you cannot return the product in whole or in part or return it only in deteriorated condition, you must compensate me for the loss of value. When returning items, this does not apply when the deterioration of the item can be attributed to its examination such as would have been done in a physical retail store.
5.4 Exclusion of the right of rescission
The right does not apply to contracts
- for the supply of goods which are not prefabricated and which the consumer normally makes an individual choice or decision in their manufacture or which are clearly tailored to the personal needs of the consumer;
- for the supply of goods that can spoil quickly or whose sell-by date passes quickly;
- for the supply of sealed goods which are unsuitable for reasons of health or hygiene to be returned after being unsealed;
- for the supply of goods mixed after delivery inseparably with other goods due to their nature;
- for the supply of newspapers, periodicals or magazines with the exception of subscription contracts.