Right of withdrawal
Right of withdrawal
Unless there are exceptions, the user can withdraw from the contract within the period specified below (usually 30 days) without giving any reason. In this section, users can learn more about the withdrawal conditions.
The right of withdrawal does not apply to the following contracts:
- Contracts for the supply of goods that are manufactured according to customer specifications or are clearly tailored to personal needs.
- Contracts for the supply of digital content which is not supplied on a tangible medium, where the consumer has consented to the performance of the contract beginning before the expiry of the withdrawal period and has confirmed his knowledge that by giving his consent he will lose his right of withdrawal.
A sample cancellation form is available under the following link or at the end of this page: " Cancellation form "
To whom the right of withdrawal applies
Under EU law, European consumers have a legal right of withdrawal from contracts concluded online (distance contracts). They can withdraw from the contract within the period applicable to their case for any reason and without justification. This right of withdrawal applies unless exceptions are listed below.
For users who are not European consumers, the rights set out in this section do not apply. The consumer's liability towards the seller is only for any diminished value of the goods resulting from handling of the goods other than that necessary to familiarise him with the nature, characteristics and functioning of the goods.
exercise of the right of withdrawal
To exercise his right of withdrawal, the User must provide the Provider with an unambiguous declaration stating his decision to withdraw.
For this purpose, Users may use the model withdrawal form available in the "Definitions" section of this document. However, Users are free to express their decision to withdraw by means of an unambiguous statement in any other appropriate way. In order to meet the deadline for exercising this right, the User must send the withdrawal notice before the withdrawal period has expired.
When does the cancellation period expire?
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When purchasing goods the withdrawal period shall expire 14 days after the day on which the User or a third party other than the carrier designated by him takes possession of the goods.
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When purchasing several goods in one order which are then delivered separately, the withdrawal period expires 14 days after the day on which the User or a third party other than the carrier designated by him takes possession of the last delivered goods, last batch or last part.
effects of revocation
Users who properly withdraw from a contract will be reimbursed for all payments made to the provider, including delivery costs, if applicable.
However, the provider is not obliged to reimburse additional costs if the user has opted for a different type of delivery than the cheapest standard delivery offered by the provider.
The refund will be made immediately, but no later than 14 days after the day on which the provider is informed of the user's decision to withdraw from the contract. The provider will make the refund using the same means of payment that the user used for the original transaction, unless expressly agreed otherwise with the user. In any case, the user will not incur any costs or fees as a result of the refund.
...when purchasing goods
The user must return or hand over the goods to the provider or to a person authorized by the provider to receive the goods immediately and in any event no later than 14 days from the date on which he notified the provider of his decision to withdraw from the contract, unless the provider has offered to collect the goods himself.
The deadline is met if the user hands over the goods to the carrier before the expiry of the 14-day period or otherwise returns the goods as stated above. The provider can refuse repayment until he has received the goods back or until the user has provided evidence that he has returned the goods, whichever is earlier.
The user is only liable for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.
The costs of returning the goods are borne by the user .
Example Cancellation Form
To:
Oliver Grünwald / CryptoOnTheWall / Walserfeldstraße 38 5071 Wals team@cryptoonthewall.at
I/We hereby notify you that I/we withdraw from my/our contract for the purchase of the following goods/for the provision of the following service:
_____________________________________________ (description of the goods/services that are the subject of the withdrawal)
- Ordered on: _____________________________________________ (insert date)
- Received on: _____________________________________________ (insert date)
- Name of consumer(s):_____________________________________________
- Address of the consumer(s):_____________________________________________
- Date: _____________________________________________
(Signature if this form is submitted in paper form)
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