Withdrawal policy

Right of withdrawal and right of rescission for consumers under FAGG (6.1 to 6.8) or KSchG (6.9)

6.1 If the customer is a consumer within the meaning of the KSchG and has concluded the contract based on these GTC either as a distance selling contract or outside our business premises (and in the latter case, if the amount to be paid exceeds EUR 50), they may rescind this contract without giving any reasons until the expiry of the period specified in Section 6.2. This does not apply in the exceptional cases regulated in Section 6.8, especially when purchasing E-Books or POD (Print On Demand) products under the conditions set out in Section 6.8.11. To rescind, the customer must inform us of their decision to withdraw from this contract with a clear declaration (e.g., a letter sent by post or an email – see Section 1). However, no specific form is required for the rescission. Please note, however, that the withdrawal must reach us in order to be effective. The customer may use the attached model withdrawal form.

Declaration of Rescission / Declaration of Withdrawal
To Krippenschule Wenns, Email: info@krippenschule.at
Hereby I/we withdraw from the contract concluded for the article ……………....................................................... which I/we ordered on …................. / received on …......................
Repayment to account IBAN ……....................................................................................................................................….. BIC ………........................................................
Name of consumer(s) (consumer) ……………….............................................................................................................
Address ………………...........................................................................................................................................
……............……............    ..………………………………...................................................
Date                               Signature

6.2 The period for rescission is as follows:

6.2.1 For purchase contracts and other contracts aimed at the paid acquisition of goods, you may do so within 14 days from the day on which the consumer or a third party designated by them who is not the carrier has taken possession of the goods or the last partial delivery or the last delivered goods (§ 11 Para. 2 Item 2 lit. a) to c) FAGG).

6.2.2 For contracts concerning the regular supply of goods over a specified period, the period is 14 days from the day on which the consumer or a third party designated by them who is not the carrier has taken possession of the first delivered goods;

6.2.3 For contracts for the supply of digital content not stored on a tangible data carrier (such as E-Books) – unless the exception to the right of withdrawal under Section 6.8.11 applies – the period is 14 days from the day of conclusion of the contract.

6.2.4 The rescission period according to Sections 6.2.1 to 6.2.3 is observed if the declaration of rescission is sent within the period. Please note, however, that the withdrawal must reach us in order to be effective (the risk in case of postal or electronic transmission (email) lies with you).

6.3 If we have not fulfilled our information obligation under § 4 Para. 1 Item 8 FAGG, the rescission period from Section 8.2 is extended by twelve months. If we fulfill our information obligations within this period, the rescission period ends 14 days after the time at which the consumer receives this information.

6.4 If the consumer revokes the contract, we shall repay all payments received from them, including delivery costs (except for additional costs resulting from the consumer choosing a type of delivery other than the cheapest standard delivery offered by us), immediately and in any event no later than 14 days after the day on which the notification of their revocation of this contract reaches us. For such repayment, we shall use the same means of payment that the consumer used for the original transaction, unless expressly agreed otherwise with them. In no case will charges be levied against the consumer for this repayment. In the case of sales contracts or other contracts aimed at the paid acquisition of goods, we may refuse to make the repayment until either we have received the goods back or the consumer has provided proof that they have returned the goods, unless we have offered to collect the goods ourselves.

6.5 The consumer shall return or hand over the goods to us immediately and in any event no later than 14 days after the day on which they informed us of their revocation of this contract. The deadline is met if the consumer sends off the goods before the expiry of the 14-day period. The consumer bears the direct costs of returning the goods, provided we have previously informed them of the obligation to bear these return shipping costs. The consumer shall only be liable for any loss in value of the goods if such loss results from handling that was not necessary for examining the nature, characteristics and functioning of the goods by the consumer. However, the consumer is under no circumstances liable for a loss in value of the goods if they were not informed by us about their right of withdrawal.

6.6 If the consumer withdraws from a contract concerning the supply of digital content stored on non-tangible data carriers (such as e-books) – unless the exception to the right of withdrawal pursuant to Section 6.8.11 applies – no payment obligation shall arise for services already rendered by the entrepreneur.

6.7 If, in the case of a contract concerning services, the consumer has requested that these begin during the revocation period, they are obliged to pay us an appropriate amount corresponding to the proportion of services already provided up to the point at which the consumer informed us of exercising their right of withdrawal with regard to this contract compared to the total scope of services envisaged in the contract. 6.8 Pursuant to Section 18 Paragraph 1 FAGG, the consumer has no right of withdrawal upon concluding contracts concerning: 6.8.1 Services, if we – based on an express request by the consumer pursuant to Section 10 FAGG and a confirmation by the consumer regarding their knowledge of the loss of the right of withdrawal in case of full contract performance – have commenced execution of the service before expiry of the revocation period pursuant to Section 11 FAGG and subsequently fully performed the service,

6.8.2 Goods or services whose price depends on fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the revocation period,

6.8.3 Goods made to customer specifications or clearly tailored to personal needs,

6.8.4 Goods that are liable to rapid deterioration or whose expiry date would be quickly exceeded,

6.8.5 Goods delivered sealed which, for reasons of health protection or hygiene, are not suitable for return if their seal was removed after delivery,

6.8.6 Goods which, due to their nature, have been inseparably mixed with other goods after their delivery, 6.8.7 Alcoholic beverages whose price was agreed upon at the time of concluding the contract but which cannot be delivered earlier than 30 days after conclusion of the contract and whose current value depends on market fluctuations over which the entrepreneur has no influence,

6.8.7 alcoholic beverages whose price was agreed upon at the time of conclusion of the contract but which cannot be delivered earlier than 30 days after the conclusion of the contract and whose current value depends on market fluctuations over which the trader has no influence,

6.8.8 sound or video recordings or computer software supplied in sealed packaging, provided that their seal was removed after delivery,

6.8.9 newspapers, magazines or illustrated publications with the exception of subscription contracts for the supply of such publications,

6.8.10 services in the areas of transport of goods, supply of food and drink and services provided in connection with leisure activities, provided that a specific point in time or period is contractually stipulated for each case regarding performance by the trader,

6.8.11 the supply of digital content not stored on a tangible data carrier, such as e-books, if the trader – with the express consent of the consumer, coupled with their acknowledgment of the loss of the right of withdrawal upon early commencement of contract performance, and after providing a copy or confirmation pursuant to § 5 Para. 2 FAGG or § 7 Para. 3 FAGG – has already commenced supply before expiry of the withdrawal period under § 11 FAGG.

6.9.1 If the agreed remuneration is less than EUR 50, the customer shall have the right of withdrawal pursuant to § 3 KSchG as follows: If the consumer did not make their declaration of intent neither in premises permanently used by the trader for business purposes nor at a stand used by them for this purpose at a fair or market, they may withdraw from their contract offer or from the contract. This withdrawal may be declared until conclusion of the contract or thereafter within 14 days. The running of this period begins with delivery to the consumer of a document containing at least the name and address of the trader, the information necessary for identification of the contract as well as an instruction on the right of withdrawal, the withdrawal period and the procedure for exercising the right of withdrawal; however, no earlier than upon conclusion of the contract, in the case of sales contracts concerning goods with the day on which the consumer obtains possession of the goods. If delivery of such a document has been omitted, the consumer shall have the right of withdrawal for a period of twelve months and 14 days from conclusion of the contract or respectively delivery of goods; if the trader makes up for the omission in delivering the document within twelve months from commencement of the deadline, the extended withdrawal period ends 14 days after the point in time at which the consumer receives the document. 6.9.2 In this case, the provisions of points 6.4 and 6.5 above shall apply to exercising the right of withdrawal. The model for declaration of withdrawal from point 6.1 may be used.

6.9.3 The consumer does not have the right of withdrawal if they themselves initiated business contact with the trader or their agent for the purpose of concluding this contract, if no discussions between the parties involved or their agents preceded conclusion of the contract, or in contracts where mutual performances are to be rendered immediately and which are customarily concluded by traders outside their business premises and the agreed remuneration is 25 Euro, or if the enterprise according to its nature is not operated from permanent business premises and the remuneration does not exceed 50 Euro, for contracts subject to the Distance Selling Act (in this case the right of withdrawal exists as per points 6.1 to 6.8 above) or in cases where declarations of intent were made by the consumer in physical absence of the trader, unless they were urged thereto by the trader.