- Conclusion of a contract with consumers, exclusion of the right of withdrawal
The following applies exclusively to consumers within the meaning of the KSchG: When concluding a contract at a distance (i.e. using means of distance communication, such as the Internet, telephone, fax), the consumer is generally entitled, in accordance with Section 11 of the Distance and Foreign Transactions Act (“FAGG”), to withdraw from the contract without stating reasons within 14 (fourteen) days from the day on which the consumer or a third party named by the consumer, who is not the carrier, has taken possession of the goods. In order to exercise the right of withdrawal, the consumer must inform the website operator ( KOTTAS PHARMA GmbH, Eitnergasse 8,1230 Vienna, telephone +43 1 533 9532) of the consumer’s decision to withdraw from the contract by means of a clear statement (e.g. a letter sent by post to Kottas Pharma GmbH, Eitnergasse 8, A-1230 Vienna, or an e-mail to info@kottas.at). For this purpose, the consumer may use the revocation form included in the appendix to these GTC, which, however, is not mandatory. To comply with the withdrawal period, it is sufficient that the notification of the exercise of the right of withdrawal is sent before the expiry of the withdrawal period. If the consumer revokes the contract, the website operator shall, in accordance with Section 14 (1) FAGG, reimburse the consumer all payments that the website operator has received from the consumer, including delivery costs (with the exception of additional costs resulting from the fact that the consumer has chosen a type of delivery other than the most favorable standard delivery offered by the website operator), without undue delay and no later than within fourteen days from the day on which the website operator received the notification with the revocation of the contract. The same means of payment that was used for the original transaction will be used for the repayment. In no case will a fee be charged because of the repayment. The costs of the return shipment shall be borne by the consumer in accordance with Section 15 (2) FAGG. In case of unfree return by the consumer, the website operator reserves the right to deduct the costs of return borne by him from the amount to be repaid to the consumer pursuant to Section 14 (1) FAGG.
The right of withdrawal pursuant to Section 11 FAGG is excluded pursuant to Section 18 (1) FAGG, for example, in the event that the goods purchased by the customer through the online store of this website are custom-made and thus goods that are made exclusively according to customer specifications or clearly tailored to the personal needs of the customer, can spoil quickly or whose expiration date would be quickly exceeded, or are delivered sealed and are not suitable for return for reasons of health protection or hygiene reasons, provided that their seal has been removed after delivery. The return of the ordered goods by the customer in the cases of § 18 paragraph 1 FAGG is therefore expressly excluded, so that the customer owes the full price even in the event of non-acceptance or unjustified withdrawal from the contract.