Cancellation Policy
Right of withdrawal and revocation for consumers
This right of withdrawal applies only to consumers within the meaning of § 1 KSchG (!).
Consumer is any natural person who enters into a legal transaction for purposes that can predominantly neither be attributed to their commercial nor to their independent professional activity.
Contracts with other companies are handled according to the ABGB or UGB.
The right of cancellation for customers who are consumers is shown here in italics:
Customers who are consumers in the sense of § 1 KschG have the right to revoke a contract with the online shop of the nobufil GmbH within fourteen days without giving reasons.
The cancellation period is fourteen days from the day on which the customer (consumer),
-
himself or a third party named by him, who is not the carrier, has taken possession of the goods or
-
in the case of a contract for several goods which the customer (consumer) ordered as part of a single order and which are delivered separately, himself or a third party designated by him who is not the carrier, took possession of the last goods or has or
-
in the case of a contract for the delivery of goods in several partial consignments or pieces, himself or a third party named by him who is not the carrier, have taken possession of the last partial consignment or the last piece.
In order to exercise the right of cancellation, the customer (consumer) of nobufil GmbH, Dr. Franz Wilhelmstraße 2, 3500 Krems an der Donau, Austria (T: 12345678990; M: office@nobufil.com) of your decision to cancel the order by means of a clear statement (e.g. letter sent by post or e-mail). You can use the attached cancellation form , which is not mandatory.
You can submit the withdrawal form by email or post. If you make use of this option, we will immediately (e.g. by e-mail) send you confirmation of receipt of such a revocation.
To meet the cancellation deadline, it is sufficient for the customer (consumer) to send the communication regarding the exercise of the right of cancellation before the cancellation period has expired.
Consequences of cancellation
If the customer (consumer) revokes the contract, nobufil GmbH has all payments, which it received from the customer, including the delivery costs (with the exception of the additional costs resulting from the fact that the customer has chosen a different type of delivery than the cheapest standard delivery offered), immediately and at the latest within fourteen days from the day to be repaid on the date on which nobufil GmbH received notification of the cancellation of this contract. For this repayment, nobufil GmbH uses the same means of payment that the customer used for the original transaction, unless something else was expressly agreed with the customer in the individual case; in no case will fees be charged for this repayment.
The customer must send the goods to nobufil GmbH, Dr. Franz Wilhelmstrasse 2, 3500 Krems an der Donau, Austria or to hand over. The deadline is met if the goods are sent before the period of fourteen days has expired.
In this case, the customer (consumer) also bears the direct costs of returning the goods.
The customer (consumer) only has to pay for any loss in value of the goods if this loss in value is due to the handling of the goods that is not necessary to establish the nature, properties and functioning of the goods.
In accordance with the legal regulations, this data will be sent by email together with these terms and conditions and the cancellation policy together with the order confirmation.
However, there are also the following legal exceptions to the right of withdrawal for consumers:
See Section 18 FAGG
The consumer does not have the right to cancel from distance or off-premises contracts
-
goods or services, the price of which depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur within the withdrawal period,
-
Goods that are made to customer specifications or are clearly tailored to personal needs,
-
Goods that can spoil quickly or whose use-by date would soon be exceeded,
-
Goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene reasons if their seal was removed after delivery,
-
Goods which, due to their nature, were inseparably mixed with other goods after delivery,
-
alcoholic beverages, the price of which was agreed when the contract was concluded, but which cannot be delivered earlier than 30 days after the conclusion of the contract and the current value of which depends on fluctuations on the market over which the entrepreneur has no influence,
-
Sound or video recordings or computer software supplied in a sealed package if unsealed after delivery,
-
Newspapers, periodicals or magazines with the exception of subscription contracts for the delivery of such publications,
-
Services in the areas of accommodation other than residential purposes, transport of goods, rental of motor vehicles and delivery of food and drink and services provided in connection with leisure activities, provided that a specific time or period of time is contractually provided for the performance of the contract by the entrepreneur is,
-
the supply of digital content that is not intended to be delivered on a tangible medium when the entrepreneur has started to perform the contract, whereby in those cases where the consumer is obliged to pay under the contract, the right of withdrawal does not apply unless moreover
a) the consumer has expressly consented to the start of performance of the contract before the end of the withdrawal period,
b) the consumer has confirmed that he/she has acknowledged that he/she loses his/her right of cancellation by starting performance of the contract prematurely, and
c) the entrepreneur has provided the consumer with a copy or confirmation in accordance with Section 5 (2) or Section 7 (3).