Disclaimer: The following sample withdrawal instruction has been prepared by a lawyer (http://rechtsanwalt-schwenke.de). It corresponds to the legal requirements of a typical online shop directed at consumers. However, you should only use the sample after careful examination and adaptation to your specific business model. The clauses may not be sufficient in certain constellations. If in doubt, seek legal advice.
Processing information:
1. This cancellation policy is only valid for Austria. For shop use in Austria, please replace the content of the page “Revocation” with this notice of withdrawal and change the page title from “Revocation” to “Withdrawal”.
2. please note the information in the square brackets and add your own information if necessary.
– Beginning of the withdrawal notice for consumers –
Withdrawal by express written declaration
Every customer may withdraw from the contract concluded within 14 days of receipt of the goods by sending a written declaration of withdrawal without giving reasons. It is sufficient for this purpose if the declaration of withdrawal is sent within this period (the date of the postal dispatch note is decisive). In this case the customer is demonstrably obliged to return the goods without delay. The return shipping costs (postage) shall be borne by the customer. If the goods have been used and/or damaged, the customer must pay an appropriate fee for the use including an appropriate compensation for the damages incurred – at the most in the amount of the value of the goods – to the seller. The declaration of withdrawal must be sent to the following address:
[Insert: Name/company and summonable address of the addressee of the withdrawal. (In addition, fax number, e-mail address and/or, if the consumer receives confirmation of his declaration of withdrawal to the entrepreneur, also an Internet address can be given). You can also use the shortcode [woocommerce_en_disclaimer_address_data] for this, and enter the address in settings DE].
Withdrawal by simply returning the goods
The customer can also exercise his right of withdrawal by simply returning the goods to the seller within 14 days of receipt without a written declaration of withdrawal. In this case, it is sufficient for the deadline to be met if the goods are sent off demonstrably in good time. The prerequisite for this form of exercising the right of withdrawal by simply returning the goods is that the goods are not damaged or used and that the return is sufficiently stamped. Only in case of a wrong or defective delivery the seller bears the return shipping costs (postage).
The risk of the return as well as the proof of the return lies with the customer. In case of a withdrawal of the customer (by explicit declaration or simple return of the goods), the seller immediately pays back the already paid purchase price – shipping costs are not refunded. In the case of orders on open account, a credit note will be issued to the customer’s account.
– End of the cancellation policy for consumers –
Notes on the exclusion of the right of withdrawal
The right of withdrawal does not apply to the delivery of goods that are manufactured according to customer specifications or clearly tailored to personal needs, or to the delivery of audio or video recordings or software if the delivered data carriers have been unsealed by you.
Notes on returns
The modalities mentioned in this section (“Notes on returns”) are not a prerequisite for the effective exercise of the above right of withdrawal.
Before returning the goods, customers are asked to notify the Seller [add: telephone number and/or e-mail address and/or contact page] to announce the return. In this way, they will enable the seller to assign the products as quickly as possible.
Customers are asked to return the goods as a prepaid package to the seller and to keep the receipt. The seller will reimburse customers for postage costs in advance upon request, unless these are to be borne by the customer.
Customers are asked to avoid damage or contamination of the goods. If possible, the goods should be returned to the seller in their original packaging with all accessories. If the original packaging is no longer in the possession of the seller, another suitable packaging should be used in order to provide sufficient protection against transport damage and to avoid any claims for damages due to damage caused by defective packaging.