Right of Withdrawal
Information on the right of Withdrawal
Applies only to consumers within the meaning of section 1 of the Austrian Consumer Protection Act
RIGHT OF WITHDRAWAL FOR CONSUMER TRANSACTIONS
Buyers who are consumers within the meaning of section 1 Austrian Consumer Protection Act (Konsumentenschutzgesetz, KschG) have the right to withdraw from this contract within fourteen days without giving reasons.
The withdrawal period is fourteen days from the day on which Buyer, or a third party indicated by Buyer and other than the carrier, has acquired physical possession of the goods. In the case of a contract relating to delivery of a good consisting of multiple lots or pieces, the fourteen-day withdrawal period shall start from the day on which Buyer, or a third party indicated by Buyer and other than the carrier, has acquired physical possession of the last lot or piece.
To exercise the right of withdrawal, Buyer must inform Prochaska (Prochaska Handels GmbH, Pilzgasse 31, A-1210 Vienna, Austria) of their decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post, fax or e-mail). Buyer may use the attached model withdrawal form (Annex A), but it is not obligatory to do so. In any event, Buyer must, in addition to the information requested in the model withdrawal form (see 9.5), provide their bank details (name of account holder, IBAN, BIC) for the retransfer of the payments received by Prochaska.
Buyer shall have exercised the right of withdrawal within the withdrawal period if the communication concerning the exercise of the right of withdrawal is sent by Buyer before that period has expired.
Exemptions from this right of withdrawal apply to goods made to Buyer’s specifications or clearly personalised (section 18 (1) (3) Austrian Distance Selling Act (Fernabsatz- und Auswärtsgeschäftegesetz, FAGG).
Effects of withdrawal
If Buyer withdraws from this contract, Prochaska shall reimburse to Buyer all payments received from Buyer, including the costs of delivery (with the exception of the supplementary costs resulting from Buyer’s choice of a type of delivery other than the least expensive type of standard delivery offered by Prochaska), without undue delay and in any event not later than 14 days from the day on which Prochaska is informed about Buyer’s decision to withdraw from this contract. It shall be deemed explicitly agreed with Buyer that Prochaska will carry out such reimbursement via bank transfer, which is why Buyer must indicate their bank details on the withdrawal form (see 9.3). Under no circumstances shall Buyer be charged any fees in connection with such reimbursement. Prochaska may withhold the reimbursement until it has received the goods back, or until Buyer has supplied evidence of having sent back the goods, whichever is the earliest.
Buyer shall send back the goods or hand them over to Prochaska Handels GmbH, Pilzgasse 31, A-1210 Vienna, Austria, without undue delay and in any event not later than 14 days from the day on which Buyer communicates the withdrawal from this contract to Prochaska. The deadline is met if Buyer sends back the goods before the period of 14 days has expired.
Buyer will have to bear the direct cost of returning the goods. The cost is estimated at a maximum of approximately EUR 150.
Buyer is only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.