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Cancellation instructions including sample cancellation form

The statutory right of withdrawal and revocation exists for consumers (consumers) in the case of paid contracts with a company in accordance with the following conditions.

right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving a reason.
In the case of service income, this period begins on the day the contract is concluded.
In the case of sales contracts, this period begins on the day on which you or a third party named by you who is not the carrier took possession of the goods. However, if you have concluded a purchase contract for the delivery of goods in several partial shipments or pieces, the right of withdrawal only begins on the day on which you or a third party named by you who is not the carrier delivered the last partial shipment or the last piece have taken possession of. If you have concluded a purchase contract for the delivery of several goods in several partial shipments as part of a single order, this period only begins on the day on which you or a third party named by you who is not the carrier took possession of the last goods or . has.

In order to exercise your right of withdrawal, you must inform us
Beerwilly GmbH; Kasernenstrasse 29c; A-8700 Leoben; silviu@beerwilly.com; +43 664 44 66 093

by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.

Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.
We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract.
The deadline is met if you send the goods back before the period of fourteen days has expired, whereby you bear the direct costs 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 of the right of withdrawal/right of cancellation
According to § 18 FAGG, the consumer has no right of withdrawal in the case of distance selling contracts or contracts concluded outside of business premises
(1)
1. Services if the entrepreneur - on the basis of an express request by the consumer according to § 10 and a confirmation from the consumer that he was aware of the loss of the right of withdrawal in the event of complete performance of the contract - had started to perform the service before the end of the withdrawal period according to § 11 and the service was then fully rendered,

2. 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,

3. Goods that are made to customer specifications or are clearly tailored to personal needs,

4. Goods that can spoil quickly or whose use-by date would soon be exceeded,

5. 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,

6. Goods which, due to their nature, were inseparably mixed with other goods after delivery,

7. alcoholic beverages, the price of which was agreed at the time 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,

8. Sound or video recordings or computer software delivered in a sealed package if unsealed after delivery,

9. Newspapers, periodicals or magazines with the exception of subscription contracts for the delivery of such publications,

10. Services in the areas of accommodation for 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 is required for the performance of the contract by the entrepreneur is contractually provided,

11. the delivery of digital content that is not stored on a physical data carrier if the entrepreneur - with the express consent of the consumer, combined with his knowledge of the loss of the right of withdrawal in the event of premature start to the performance of the contract, and after providing a copy or confirmation according to § 5 para 2 or § 7 paragraph 3 - has started delivery before the expiry of the withdrawal period according to § 11.

(2) Furthermore, the consumer has no right of withdrawal in the case of contracts for urgent repair or maintenance work where the consumer has expressly requested the entrepreneur to visit the company to carry out this work. If, during such a visit, the trader provides additional services that the consumer has not expressly requested, or if he supplies goods that are not essential as spare parts for maintenance or repair, the consumer has the right to withdraw from these additional services or goods.

(3) Finally, the consumer has no right of withdrawal from contracts concluded at a public auction.

Withdrawal form on the next page.

withdrawal form

If you want to revoke the contract, please fill out this form and send it back to us (whereby you may send the entire document together with the previous instruction):

Beerwilly GmbH; Kasernenstrasse 29c; A-8700 Leoben; silviu@beerwilly.com; +43 664 44 66 093

I hereby revoke the contract I have concluded for the purchase of the following goods or the provision of the following service:
…………………………………………………………………………………………………………………………………… …………………………………………………………………………………………………………………………………… ……

Ordered on …………….………../received on ………………………. (cross out if not already received)

Name of consumer ………………………………………………………………………………………………

Address of the consumer …………………………………………………………………………

Signature of the consumer (only if notification is made on paper) and date
……………………………………………………………………………………

Date ………………………………