RIGHT OF WITHDRAWAL

Right of withdrawal 

6 a) The customer, who is consumer within the meaning of the KSchG, can withdraw in writing from a distance sales contract, or from a contractual declaration made in connection with distance sales, up until the expiry of the deadlines stated hereinafter without cause in writing. It shall suffice to send the declaration of withdrawal / revocation within the withdrawal period. The time period is 14 working days.

A model form of withdrawal is permanently available here; this model form must not necessarily be used. A corresponding declaration with the same meaning will suffice.

b) According to § 18 FAGG the customer has no right of withdrawal/revocation (besides further exemptions) for

  1. goods made to the consumer’s specifications or were clearly personalized;
  2. goods that are liable to deteriorate or expire rapidly
  3. sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery
  4. goods which are, after delivery, according to their nature, inseparably mixed with other items.

c) If the right to withdraw/revocation from the contract is exercised according to Section 6 par. a, Mistlbacher must reimburse the customer for his payments made as well as for all delivery costs (with the exception of additional costs arising from the customer’s individual selection of a delivery method other than the regular cost efficient, standard delivery method selected by Mistlbacher) immediately and at the latest within fourteen days from the day, on which the communication on withdrawal/revocation of the contract was received. For refunding of payments made by the customer, Mistlbacher will use the same monetary transaction that was used by the customer in his original transaction, unless otherwise agreed upon with the customer; in any way there will be no fees charged for such refunding purposes. Mistlbacher may, however, withhold refunding payment, until the goods are returned or the customer has provided the evidence, that he has returned the goods, depending on which happens earlier in time.

The return of the goods by mail or in person to Mistlbacher has to be carried out by the customer immediately, however at the latest within 14 days from the day, on which he has notified Mistlbacher about his withdrawal/revocation. This deadline shall be deemed met, when the customer mails the goods prior to the expiration of the deadline. The customer bears the indirect cost involved with the return of the goods. He must only then bear the cost for a depreciation of the goods, if such depreciation was caused by an unnecessary way of handling the goods during inspection for consistency, qualities and functionality.

d) If the customer withdraws from the contract, the goods need to be returned to Bäckerei & Konditorei Mistlbacher. The costs of return shall be borne by the customer. In the event of signs of wear, damaged packaging, missing of parts of the delivered goods as well as costs of return, which have not been paid, Mistlbacher will impose an appropriate fee for the usage including a compensation for the related general reduction in value of the service rendered within the meaning of Section 6. c).

e) If the customer withdraws from a contract regarding the so called print@home coupons, then this coupon will be barred from further usage. If such coupon was used – also only partially – before such point in time, then the amount to be refunded by Mistlbacher is reduced accordingly by the amount that was used by the customer, because the prior use of the coupon was not caused by an unnecessary way of handling the goods during inspection for consistency, qualities and functionality (see Section 6.b).