Instructions on Withdrawal and Withdrawal Form for Consumers
For the purposes of these Instructions on Withdrawal, “Consumer” means any natural person who enters into a legal transaction for purposes which are predominantly outside his or her trade, business or profession.
Right of Withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period is 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
To exercise the right of withdrawal, you must inform us (Pferschy – Seper | Wein & Heuriger, Friedrich Schiller-Straße 6, 2340 Mödling, E-mail-address: firstname.lastname@example.org, Phone number: +43 2236 89 28 45) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of the Exercise of the Right of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Exclusion or Premature Expiry of the Right of Withdrawal
- The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual choice of or decision by the Consumer is decisive or which are made to the consumer’s specifications or are clearly personalised.
- The right of withdrawal does not apply to contracts for the supply of goods which are liable to deteriorate or expire rapidly.
- The right of withdrawal expires prematurely for contracts for the supply of sealed goods that are not suitable for return due to health protection or hygiene reasons and which were unsealed after delivery.
- The right of withdrawal expires prematurely in the case of contracts for the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items.
- The right of withdrawal does not apply to contracts for the supply of alcoholic beverages whose price was agreed upon at the time of the conclusion of the contract but the delivery of which can only take place after 30 days after the conclusion of the contract and the actual value of which depends on fluctuations in the market which cannot be controlled by the trader.
- The right of withdrawal shall expire prematurely if we have only commenced performance of the contract after you have given your express consent and at the same time confirmed your understanding that you shall lose your right of withdrawal upon commencement of performance of the contract on our part. We point out that we can make the conclusion of the contract dependent on the aforementioned consent and confirmation.
Model Withdrawal Form
(If you wish to withdraw the contract, please complete and return this form).
Pferschy – Seper | Wein & Heuriger, Friedrich Schiller-Straße 6, 2340 Mödling,, E-mail-address:, email@example.com,, Phone number: +43 2236 89 28 45
I/we (*) hereby revoke the contract concluded by me/us (*) concerning the
purchase of the following goods (*)/provision of the following service (*)
Ordered on (*) ____________ / received on (*) _________________
Name of the consumer(s)
Address of consumer(s)
Signature of the consumer(s) (only in case of paper communication)
(*) Delete where inapplicable
Instructions for the Return of Goods
- The following modalities mentioned in this section are not a precondition for the effective exercise of the right of withdrawal.
- Please do not send the goods to us freight collect.
- Please return the goods as a prepaid package to the specified return address and please keep the delivery receipt.
- Please avoid damage or soiling of the goods.
- Please return the goods to us in the original packaging and outer packaging with all accessories and packaging components, if possible. If the original packaging or outer packaging is no longer in your possession, other suitable packaging should be used to ensure adequate protection against damage in transit and to avoid any claims for damages due to inadequate packaging.