Special provisions for consumers
(1) The below special provisions under the Austrian Distance Selling Act (FAGG) will apply exclusively to customers deemed consumers under § 1 of the Austrian Consumer Protection Act (KSchG). Every natural person acting for purposes other than commercial, business or professional purposes will be deemed a consumer. The following provisions will be applicable to contracts concluded externally to the business premises of a firm, i.e. including distance selling via webshops, e-mail or telephone.
(2) Information on exercising rights of rescission:
Right of rescission
(1) Consumers have a right to revoke the contract within fourteen days without furnishing reasons. The rescission period will be fourteen days, commencing on the day on which a consumer or his appointed representative, excluding third party shipping agents, acquires ownership of the goods;
in the event of consumers ordering several separately delivered goods under the same order, on the day on which a consumer or his appointed representative, excluding third party shipping agents, acquires ownership of the last delivery of goods.
Should several of the above issues apply, the rescission period will commence when a consumer or his appointed representative, excluding third party shipping agents, acquires ownership of the most recent goods or partial shipment.
(2) Consumers shall, to exercise their right of rescission, inform
ACROSS Medien- und Verlags GmbH
Ebendorferstraße 3|10
1010 Vienna
Phone: +43 1 533 32 60 0
Fax: +43 1 533 32 60 15
E-mail: office@across-magazine.com
of their decision to rescind the contract by means of an unequivocal statement (e.g. letter by mail, fax or e-mail).
(3) Consumers may optionally to this end use the rescission template offered consumers on the ACROSS website https://www.across-magazine.com/terms-conditions/.
Compliance with the period for rescission will be given provided the statement on exercising the right of rescission is dispatched prior to the expiry of the rescission period.
(4) The ACROSS duty to inform
Consumers’ rights of cancellation will extend by 12 (twelve) months unless ACROSS meets its duty to inform pursuant to FAGG § 4 (1) Row 8. Provided ACROSS has met its duty to inform within this period, the period for cancellation will end 14 (fourteen) days from the time consumers receive ACROSS’s notification of the right of rescission.
(5) Exceptions to rights of rescission
No right of rescission pursuant to § 18 (1) FAGG will exist for contracts concluded via:
newspapers, journals or magazines, with the exception of subscription contracts for provisioning of such publications.
(6) Special provisions for e-papers – loss of rights of rescission
Rights of rescission of contracts for the delivery of digital content not saved on physical data carriers, e.g. e-papers, shall terminate prematurely if consumers have expressly agreed that execution of such contracts will commence prior to expiry of the rescission period and provided the latter are aware that they have waived their right of rescission following such consent.
No right of cancellation therefore exists should ACROSS, with consumers’ express waiver of their right of cancellation in the event of premature execution of the contract and provided the latter are shown a copy or confirmation pursuant to § 5 (2) FAGG or § 7 (3) FAGG, commence with the delivery of digital content not saved on physical data carriers (e.g. e-papers) prior to expiry of the cancellation period pursuant to § 11 FAGG.
Should consumers, in cases where the above exception to rights of cancellation does not apply, cancel a contract for the delivery of digital content not saved on physical data carriers (e.g. e-paper), then said consumers should be under no obligation to pay for goods and services already provided by ACROSS.
(7) Consequences of rescission
The consumer shall, without delay and within fourteen days from informing ACROSS of the rescission of this contract, return or send the goods back to
ACROSS Medien- und Verlags GmbH
Ebendorferstraße 3|10
1010 Vienna
Phone: +43 1 533 32 60 0
Fax: +43 1 533 32 60 15
E-mail: office@across-magazine.com
The deadline shall be deemed met provided the goods are dispatched prior to the expiry of a fourteen-day respite. ACROSS shall, without delay and within fourteen days from receipt of a consumer’s notification of rescission of a contract, reimburse the latter for all payments received, including the cost of delivery (with the exception of additional costs due to consumers opting for deliveries other than our most cost-effective standard delivery).
Unless expressly agreed otherwise with a consumer, ACROSS will for such reimbursement use the same payment method the consumer used for the original transaction; consumers shall under no circumstances be charged for such reimbursement. ACROSS will be entitled to refuse reimbursement pending return of the goods or submission of proof that the goods have been dispatched back to ACROSS.
(8) Costs of returning the goods
Consumers shall bear the direct cost of return of the goods. Consumers shall not be liable for depreciation of the goods unless such depreciation is attributable to unnecessary actions in the course of checking the condition, properties and functionality of such goods.
Consumers will under no circumstances be liable for the depreciation of goods unless ACROSS has informed them about their rights of cancellation. Consumers may cancel contracts concluded for periods longer than a year or for indefinite periods, which obligate ACROSS to routine deliveries of movable physical goods and consumers to routine monetary payments, with a notice period of two months to end of the year at first and thereafter with biannual notice periods. Notices of cancellation not given in due time shall enter into effect on the deadline for notice of cancellation following the expiry of the missed deadline for notice of cancellation.
Rescission form
(To rescind the contract, please complete and return this form to us.)
To
ACROSS Medien- und Verlags GmbH
1010 Vienna, Austria
Ebendorferstraße 3|10
Phone: +43 1 533 32 60 0
Fax: +43 1 533 32 60-15
E-mail: office@across-magazine.com
I/We (*) hereby rescind the contract for the purchase of the following goods (*) concluded by myself/ourselves (*)
Ordered on(*)/received on(*):
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only for hard copy)
Date:
(*) Delete where not applicable.
