9. Consumer right of withdrawal, instructions and sample form
   • The provisions of this point only apply to customers who are consumers. Customers who are entrepreneurs are not entitled to a right of withdrawal under any circumstances.
   • Customers who are consumers can cancel contracts that they have concluded in the online store within 14 days without giving reasons. This period runs from the day on which the customer or a third party named by the customer, who is not the carrier, has taken possession of the goods.
   • This right of withdrawal does not apply to goods that are delivered sealed (e.g. packed in cellophane) and are not suitable for return for reasons of health protection or hygiene, provided that the seal has been removed after delivery.
   • To exercise the right to cancel, you must inform us (EssenzDuft Onlineshop, Inhaber Egnaro GmbH; Address: Mariahilferstrasse 147/3/HOF, 1150 Vienna; Email: info@essenzduft.at) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or email). You can use the model withdrawal form at the end of these GTC, but this is not mandatory.
   • To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
   • Consequences of withdrawal: If the customer withdraws from the contract, the seller shall reimburse the customer for all payments received from him, including delivery costs (with the exception of additional costs resulting from the fact that the customer has chosen a type of delivery other than the cheapest standard delivery offered by the seller), immediately and at the latest within 14 days from the day on which the seller receives notification of the withdrawal from the contract. For this repayment, the seller shall use the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise; in no case shall the customer be charged any fees for this repayment.
   • The vendor may refuse to make a refund until it has received the goods back or until the customer has provided proof that he has returned the goods, whichever is the earlier.
   • After a revocation, the customer must return or hand over the goods to the seller immediately and in any case within fourteen days at the latest from the day on which he informed the seller of the revocation of this contract. The deadline is met if the customer sends the goods before the expiry of the fourteen-day period. The customer shall bear the direct costs of returning the goods.
   • If the right of withdrawal has been exercised, the customer shall be liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
   • If goods are returned for which there is no right of withdrawal, the contract shall remain in force and the customer shall bear all costs of returning the goods. Alternatively, the seller is entitled to accept the return (by email, fax or letter) and to charge the customer for all costs exceeding the purchase price of the goods, in particular the delivery costs.

 

10. Warranty, complaints about damage and defects, exclusion of liability towards entrepreneurs
    • If the customer claims that goods are defective or faulty, the seller may demand evidence of this, in particular in the form of photographs. If such evidence is not provided, it shall be assumed that the goods were not defective or faulty, which is why the customer cannot derive any claims from this.
    • If the customer is an entrepreneur, the following shall apply: The customer must inspect the goods immediately upon receipt, at the latest within three days. All defects or damage that are not reported to the seller within this period of three days can no longer be claimed. If the goods are defective or damaged, the seller is free to choose whether to repair or replace the goods, or to reduce the price or cancel the contract. The warranty period shall be reduced to one year. The seller is not liable for damage caused by slight negligence, with the exception of personal injury.
    • If the customer is a consumer, the statutory provisions on warranty and complaints about damage and defects shall apply.

 

11. Applicable law
    • The law of the Republic of Austria shall apply to all legal relationships between the seller and the customer, in particular claims arising from or in connection with this contract. The applicability of the UN Convention on Contracts for the International Sale of Goods is excluded.
    • If the customer is a consumer and does not have his habitual residence in Austria anyway, the mandatory provisions for the protection of consumers of the country in which the consumer has his habitual residence shall apply despite the choice of law in the previous point.

 

12. Place of jurisdiction for entrepreneurs
    • If the customer is an entrepreneur, all disputes arising from or in connection with this contract shall be subject to the exclusive jurisdiction of the courts with subject-matter jurisdiction for the 1st district of Vienna.
    • With regard to customers who are entrepreneurs, however, the seller remains entitled to assert its claims before the courts at the customer's place of business despite the exclusive agreement on jurisdiction in the previous point.

 

13. Alternative dispute resolution for consumers
    • The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
    • This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
    • The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

 

 

Sample withdrawal form

from

EssenzDuft online store

 

(If you wish to cancel the contract, please fill out this form and send it back to us)

 

To EssenzDuft Onlineshop, owner Egnaro GmbH; address: Mariahilferstrasse 147/3/HOF, 1150 Vienna, Vienna; Email: info@essenzduft.at:

 

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 the consumer(s)

 

Address of the consumer(s)

 

Signature of the consumer(s) (only for notification on paper)

 

Date

 

(*) Delete as appropriate.