RIGHT OF WITHDRAWAL – Instruction on the right to withdraw
Right of withdrawal in accordance with consumer protection law
You may withdraw from the purchase contract within 14 days without
providing any justification for your actions, if – without your cause -
relevant circumstances for your consent, which myWorld has most probably
presented during the course of contractual negotiations, do not or only
partially occur.
The following circumstances are deemed relevant:
·
The expectation of participation or consent of a third party, which is
required, so that the service can be provided by the entrepreneur or can be
used by the consumer;
·
the prospect of tax benefits;
·
the prospect of public funding; or
·
the prospect of credit.
The withdrawal period begins as soon as you recognize that the
aforementioned conditions are no longer or only partially in existence and you
have received a written instruction concerning the right to withdraw or a copy
of the current terms and conditions of sale. The right to withdraw ends 14 days
following contractual completion by both parties at the very latest. The
deadline has been adhered to if you declare your intention to withdraw and you
have sent off the documentation detailing your intention to do so before the deadline
has expired. The declaration of intention is not restricted to a certain form.
Your declaration of intention to withdraw should be submitted to:
myWorld 360 AG (myWorld)
Grazbachgasse 87-93,
8010 Graz
Austria,
E-Mail customerservice@myworld.com
Consequences of withdrawal
With the withdrawal ends the contractual relationship between you and
myWorld and your obligations under this contractual relationship.
Within 14 calendar days of receipt of the declaration of withdrawal,
myWorld shall reimburse any amount received from you, including interest, and
reimburse any necessary and useful expenses. Accordingly, you have 14 calendar
days as of dispatch of the intention to withdraw to return the products
received along with any possible compensation for any loss of value which might
have taken place. If the provision of
the services already provided by myWorld is impossible (e.g. due to material
consumption), you have to pay myWorld the value of the service, but only to the
extent that it gives you the clear and predominant advantage.
Right to withdraw in accordance with § 11 FAGG
You can withdraw from the sales contract or your contractual declaration
within 14 days, without provision of justification.
The withdrawal period begins as follows:
a.
As of the day on which you take possession of the goods;
b.
If you have ordered several different products as part of one order and
the goods are all delivered separately, on the day that you receive delivery of
the last consignment of the goods;
c.
In the case of delivery of a good in several partial shipments from the
day on which you obtain possession of the first delivered goods
The declaration of intention is not restricted to a certain form. The deadline has been adhered to if you
declare your intention to withdraw and you have sent off documentation
detailing your intention to do so before the deadline has expired. Your declaration of intention to withdraw
should be submitted to:
myWorld 360 AG (myWorld)
Grazbachgasse 87-93,
8010 Graz
Austria,
E-Mail customerservice@myworld.com
Consequences of withdrawal in accordance with § 14 and 15 FAGG:
With the withdrawal ends the contractual relationship between you and
myWorld and your obligations under this contractual relationship.
myWorld has is obliged to refund any sum received from you within 14
calendar days of receipt of your wish to withdraw and to recompense you for any
expense incurred including delivery charges.
Should you have decided to choose any other form of delivery other than
the myWorld standard delivery offered to you, you have no right to receive
compensation for the surcharge incurred as a result of this. myWorld can refuse
to perform the refund until it has received the goods or you have provided
proof of having returned the goods. This does not apply if myWorld has offered
to pick up the goods itself.
Likewise, you have 14 calendar days as of dispatch of the intention to
withdraw to return the products received along with any possible compensation
for any loss of value which might have taken place. You accept no liability for loss of value if
myWorld has not made you aware of the Right to Withdraw in accordance with 11
FAGG. You must not return the goods if myWorld has offered to pick up the
goods. The returns period is observed if
the goods were sent off within this period.
The costs incurred from the return of the goods must be covered by the
consumer, however, this does not apply if myWorld has decided to cover the
costs or if myWorld has neglected to inform the consumer that she or he should
cover the costs. myWorld must then collect the goods at their own expense if
the goods cannot be sent in the post due to their condition.
In accordance with the Distance Selling Act or outside of business
premises for contractual relations which are closed (§ 18 FAGG), the consumer
has no right to withdraw from the contractual relationship when purchasing
a.
goods or services where the price is dependent on the fluctuations of the
financial market, over which the business owner has no influence and which
could take place during the withdrawal period,
b.
goods that are made to customer specifications or clearly tailored to
personal needs
c.
goods which could spoil quickly or whose expiration date would quickly be
exceeded,
d.
goods which were sealed on arrival and, for reasons of health, safety and
hygiene, cannot be returned should the seal have been removed on receipt,
e.
goods that have been inseparably mixed with other goods after delivery
due to their nature
f.
alcoholic drinks, whose price was agreed upon when the contract was drawn
up, which cannot be delivered earlier than 30 days before contract completion
and where the current value is dependent on fluctuations on the market, over
which the business owner has no influence,
g.
sound or video recordings or computer software, which were delivered in
sealed packaging, should this seal have been removed following delivery,
h.
newspapers, magazines or illustrations with exception of subscription
contracts regarding the delivery of such publications,
i.
the delivery of digital content which has been saved on a data storage
device of some kind, if myWorld - with the express consent of the consumer, in
connection with the acknowledgement of the loss of right to withdraw should the
contract be fulfilled prematurely, and following the provision of a copy of
confirmation - has initiated delivery prior to expiry of the withdrawal period.
End of withdrawal instruction
Sample withdrawal form
(If you wish to withdraw from this contract, please fill out this form
and sent it back to us by post or e-mail).
To
myWorld 360 AG
(myWorld)
Grazbachgasse 87-93,
8010 Graz
Austria,
OR
E-Mail: customerservice@myworld.com
I/We(*) hereby give notice that I/we(*) withdraw from my/our(*) contract
of sale for the following goods (*):
Ordered on (*) / received on (*)
Name of the buyer
Address of the buyer
Signature of the buyer (only if on paper)
Date
Return the goods to:
myWorld 360 AG
c/o TecCenter Lebring
Philipsstraße 27
8403 Lebring
Austria