Right of rescission
Right to withdraw from Contract in accordance with § 5 e of the Customer Protection Law.
a) The customer, who is a consumer as defined by the Customer Protection Law, can withdraw from a telesales contract or a contractual declaration given while ordering online or by telecommunication media until the fixed periods of time listed below have elapsed. It suffices if the cancellation is sent within the cancellation period. The cancellation period is forteen (14) working days excluding Saturday, which does not count as a working day. The cancellation period for contracts governing the delivery of goods starts upon their receipt by the customer, and for contracts regulating any services, it starts on the day when the contract is concluded. If we have not complied with our obligation of providing [relevant] information to the customer as defined by § 5d, sections 1 and 2 of the Customer Protection Law, the cancellation period shall be three months from the times mentioned in the previous section. If we fulfill our obligation to inform the customer, the cancellation period, which has been explained in the previous section, shall start from the time we sent this information.
b) The customer has no right to withdraw from the contract because of/regarding:
1. Services that were started as agreed with the customer within seven working days (§ 5e section 2, clause 1 of the Customer Protection Law).
2. Goods or services, the prices of which will develop according to fluctuations on the financial markets, which we cannot influence,
3. Goods manufactured to customer specifications and tailored precisely to individual needs, which cannot be returned for this very reason or because they might go bad quickly or because their shelf-life would be exceeded,
4. Audio or video recordings or software, if the customer has broken the seals of these goods,
5. Newspapers, periodicals and magazines except for contracts relating to periodical publications (§ 26, section 1 Z 1 of the Customer Protection Law),
6. Betting and lottery services
7. Deliveries made to the door step or leisure time services (§ 5c, section 4 Z 1 and 2 of the Customer Protection Law). Thus, the customer has no right to withdraw from the contract regarding products, which can be ordered from AustrianSupermarket.com internet web sites.
8. The delivery of foods and drink (as there is a risk of manipulating these and because of their limited shelf life).
9. High delivery costs for deliveries abroad.
c) If the right to withdraw from the contract is exerted in accordance with section a, we must
1. Reimburse the customer step by step for his payments made as well as for all expenses required and appropriate
2. The customer must return the received goods/services (immediate costs for returning goods/services must be paid by the customer as agreed) and reimburse us adequately for their use and pay an indemnity fee to compensate for the general detoriation in value of the goods/services rendered; accepting goods/services by the customer alone is not deemed as value deterioration.