Right of withdrawal for consumers
This withdrawal information applies exclusively to consumers within the meaning of § 1 of the Austrian Consumer Protection Act (KSchG). Entrepreneurs do not have a statutory right of withdrawal; we do not grant entrepreneurs a voluntary right of withdrawal unless expressly agreed.
As a consumer, you have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days. It begins:
- in the case of a contract for the sale of goods, from the day on which you or a third party named by you, who is not the carrier, took possession of the goods;
- in the case of several goods from one uniform order which are delivered separately, from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods;
- in the case of delivery of goods in several partial shipments or pieces, from the day on which you or a third party named by you, who is not the carrier, took possession of the last partial shipment or piece;
- in the case of regular delivery of goods over a defined period, from the day on which you or a third party named by you, who is not the carrier, took possession of the first goods;
- in the case of services or digital content not supplied on a tangible medium, from the day of conclusion of the contract.
To exercise your right of withdrawal, you must inform us by means of a clear statement (e. g. by letter sent by post or by e-mail) of your decision to withdraw from this contract:
Malle-Schmickl GesbR
Dipl.-Ing. Dr. Helge Schmickl
Dipl.-Ing. Dr. Bettina Malle-Schmickl
Ehrentalerstraße 39
9020 Klagenfurt am Wörthersee
Austria
Phone: +43 463 437786
E-Mail: [email protected]
You may use the model withdrawal form provided below, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient that you send the communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse all payments received from you, including delivery costs (with the exception of the additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and not later than fourteen days from the day on which we receive notice of your withdrawal from this contract.
For this reimbursement we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. In no event will you be charged any fees as a result of this reimbursement.
In the case of goods, we may withhold reimbursement until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
You must send back or hand over the goods to the address above without undue delay and in any event not later than fourteen days from the day on which you inform us of your withdrawal from this contract. The deadline is met if you send the goods before the fourteen-day period has expired.
You bear the direct costs of returning the goods, unless we have expressly agreed to bear those costs.
Important for goods that cannot normally be returned by post: For goods which, by their nature, cannot normally be returned by post, you bear the direct costs of return. The actual cost or a maximum estimate of the return shipping costs is communicated separately for affected products (in particular large stills, boilers and distillation equipment) on the relevant product page or during checkout before the contract is concluded.
Return shipment and costs
We do not provide a free return label, unless this has been expressly agreed in an individual case or is mandatory by law. The return shipment is to be sent by you, sufficiently franked and at your own expense, to the address indicated above.
Unfranked or insufficiently franked return shipments incur additional costs. We may, to the extent legally permitted, charge such additional costs to you or offset them against the reimbursement amount. Please therefore do not send goods back unfranked.
The goods must be returned complete, including all accessories, instructions, enclosures and, where provided, safety information. Where possible, please include the order number or a copy of the withdrawal statement so that we can clearly assign the return.
You are responsible for packaging the goods so they are safe for transport. In particular glass, laboratory accessories, chemicals, liquids, burners, boilers, condensers, stills and bulky equipment parts must be packed in such a way that they are not damaged in transit and that no danger arises to shipping providers or third parties. Damage caused by inadequate return packaging may lead to a claim for compensation for loss of value.
Original packaging is not a mandatory prerequisite for exercising the right of withdrawal. We do however recommend keeping the original packaging and using it for return shipment where suitable for safe return transport.
Returns to parcel shops, parcel lockers, pick-up stations, post offices, parcel depots or other reception points not expressly indicated by us are not considered a proper return to us as long as the goods are not delivered to our address above as a result. Additional costs or delays caused by a return to an incorrect or incomplete address shall be borne by you, to the extent legally permitted.
Loss of value and inspection of the goods
Please inspect the goods only as you would in a brick-and-mortar shop to ascertain their nature, properties and functioning. Any further use, assembly, filling, putting into operation, contamination, damage or incomplete return may lead to a claim for compensation for loss of value.
For products that have been filled, mixed or contaminated with liquids, mash, alcohol, oils, chemicals, vinegar, cleaning agents or other substances, a substantial loss of value may arise. To the extent the statutory conditions are met, the right of withdrawal may be excluded or expire early, in particular if goods have, after delivery, by their nature become inseparably mixed with other items.
For chemicals, dangerous goods or items containing dangerous-goods components, the statutory transport provisions and the requirements of the shipping provider must be observed. Please contact us in such cases before the return so that a suitable return route can be agreed. Your right of withdrawal and the withdrawal period remain unaffected.
You shall only be liable for any loss of value of the goods if such loss of value is attributable to your handling of the goods other than what is necessary to establish their nature, properties and functioning.
If you have requested that the provision of services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the point of withdrawal compared with the entire scope of the services provided for in the contract.
Exclusion or early expiry of the right of withdrawal
The right of withdrawal does not exist or expires early in the following contracts, provided the goods or services are offered in our shop and the statutory conditions are met:
- services, if we have fully performed the service after you have expressly consented that we begin the service before expiry of the withdrawal period and you have confirmed that you will lose your right of withdrawal upon full performance;
- goods made to customer specifications or clearly tailored to personal needs;
- goods that may quickly perish or whose expiry date would soon be exceeded;
- sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
- goods which, after delivery, by their nature have become inseparably mixed with other items;
- audio or video recordings or computer software in sealed packaging if their seal has been removed after delivery;
- newspapers, periodicals or magazines, with the exception of subscription contracts;
- digital content not supplied on a tangible medium if we have begun performance after you have expressly consented to begin before expiry of the withdrawal period, you have confirmed that you thereby lose your right of withdrawal, and we have provided you with a contract confirmation on a durable medium.
Digital vouchers or voucher codes are only covered by the early expiry of the right of withdrawal where they can be classified as digital content in the specific case and the statutory conditions are met. The general rules for goods apply to vouchers delivered in physical form.
Damage and transport damage
Please inform us as soon as reasonably possible if goods are delivered with obvious transport damage. Failing to provide such notification has no effect on your statutory warranty rights or your right of withdrawal.
Please use suitable packaging for return shipments and retain the shipping receipt where possible. Original packaging is not a prerequisite for exercising the right of withdrawal.
Model withdrawal form
If you wish to withdraw from the contract, please complete this form and return it.
To
Malle-Schmickl GesbR
Dipl.-Ing. Dr. Helge Schmickl
Dipl.-Ing. Dr. Bettina Malle-Schmickl
Ehrentalerstraße 39
9020 Klagenfurt am Wörthersee
Austria
E-Mail: [email protected]
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*):
Ordered on (*)/received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:
(*) Delete as appropriate.