Right of withdrawal
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, has taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us (Peakmart, Bundesstrasse 25, 4341 Arbing, Austria, firstname.lastname@example.org, Telephone: 0) by means of a clear declaration (e.g. a letter sent by post, fax or E-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.
In order to meet the withdrawal deadline, it is sufficient for you to send your notification that you are exercising your right of withdrawal before the withdrawal period has expired.
Consequences of the revocation
If you withdraw from this contract, we will give you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you use a different type of delivery than that offered by us, have chosen the cheapest standard delivery), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse the repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
No right of withdrawal also applies to (§ 18 FAGG)
- Contracts for the delivery of goods, the price of which depends on fluctuations in the financial market, over which the entrepreneur has no influence and which can occur within the withdrawal period.
- Contracts for the provision of services, including financial services, the price of which depends on fluctuations in the financial market, over which the entrepreneur has no influence and which can occur within the withdrawal period, in particular services in connection with shares, with shares in open-ended investment funds in the sense of § 1 Paragraph 4 of the Capital Investment Code and with other tradable securities, currencies, derivatives or money market instruments.
- Goods whose price depends on financial market fluctuations that can occur within the withdrawal period.
- Goods that have been manufactured according to customer specifications or are tailored to the personal needs of the customer.
- Contracts for the provision of services in the fields of accommodation for purposes other than residential purposes, transport of goods, vehicle rental, delivery of food and beverages, as well as for the provision of other services in connection with leisure activities, if the contract for the provision has a specific date or Period provides.
Model withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
- To Peakmart, Bundesstrasse 25, 4341 Arbing, Austria, email@example.com
- I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following
- Ordered on (*) / received on (*)
- Name of the consumer (s)
- Address of the consumer (s)
- Signature of the consumer (s) (only if this is communicated on paper)
If you finance this contract with a loan and later revoke it, you are no longer bound by the loan contract, provided both contracts form an economic unit. This is particularly to be assumed if we are your lender at the same time or if your lender makes use of our cooperation with regard to financing. If we have already received the loan when the revocation takes effect, your lender will assume our rights and obligations under the financed contract in relation to you with regard to the legal consequences of the revocation or return. The latter does not apply if the present contract deals with the acquisition of financial instruments (e.g. securities, foreign exchange or derivatives).
If you want to avoid a contractual obligation as far as possible, make use of your right of withdrawal and also withdraw from the loan agreement if you also have a right of withdrawal.