1. Exclusion of the Right of Withdrawal
For the conclusion of distance or off-premises contracts, reference is expressly made to § 3 (3) no. 4 of the Consumer Protection Act (KSchG) in conjunction with § 18 (1) no. 2 of the Act on Distance and Off-Premises Transactions (FAGG), which stipulates that consumers do not have the right of withdrawal for contracts concerning goods or services whose price depends on financial market fluctuations, which are beyond the business’s control and can occur during the withdrawal period.
The right of withdrawal does not apply to precious metal bars and coins, regardless of size and denomination, as well as products that are manufactured according to customer specifications. This exclusion of the right of withdrawal applies both to the sale and purchase of such goods.
2. Right of Withdrawal for Other Goods
For purchases of goods other than those listed in '1. Exclusion of the Right of Withdrawal,' such as accessories or gift items purchased through our online store, you can withdraw within 14 days without providing a reason. The withdrawal period begins for such contracts:
on the day you or a third party nominated by you, not acting as a carrier, takes possession of the goods,
if you have ordered multiple goods in one order that are delivered separately, the withdrawal period begins on the day you or a third party nominated by you, not acting as a carrier, takes possession of the last item,
for goods delivered in multiple shipments, the period begins on the day you or a third party nominated by you, not acting as a carrier, takes possession of the last partial shipment,
for contracts concerning the regular delivery of goods over a fixed period, the period begins on the day you or a third party nominated by you, not acting as a carrier, takes possession of the first delivered item.
The declaration of withdrawal does not require any specific form. The intent to withdraw must be clearly evident from your declaration. The sample withdrawal form according to Annex I, Part B of the FAGG can also be used for the withdrawal.
This is available in the RIS (‘B. Sample Withdrawal Form’) and is as follows:
Sample Withdrawal Form (If you wish to withdraw from the contract, please complete this form and return it)
To: philoro EDELMETALLE GmbH, Währingerstraße 26, 1090 Vienna, Phone: +43 (0) 505 79 1000, Fax: +43 1 997 14 72 100, Email: [email protected]
I/We hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
ordered on (*) / received on (*)
Name(s) of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only required for notices provided by mail or fax)
Date
(*) delete as applicable.
For the exercise of the right of withdrawal, the following applies:
You must return the received goods to us immediately, but no later than within 14 days of submitting the declaration of withdrawal. The retrieval period is met if the goods are dispatched within the deadline period.
The direct costs of returning the goods are to be borne by you. The return shipping costs vary depending on the goods and their value (as a reference, the delivery costs you paid for the shipment can be used).