Consumers according to KSchG have the right to cancel this contract within fourteen days without giving reasons.
The cancellation period is:
- in the case of a service contract or a contract for the supply of digital content that is not supplied on a tangible medium, fourteen days from the day on which the contract is concluded.
- in the case of a purchase contract, fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.
- in the case of a contract for several goods which the consumer has ordered as part of a single order and which are delivered separately, fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods.
- in the case of a contract for the delivery of goods in several partial shipments or pieces, fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last partial shipment or the last piece.
- in the case of a contract for the regular delivery of goods over a fixed period of time, fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the first goods.
To exercise the right to cancel, you must inform us (Musik- und Kulturverein “Favola in Musica”, Karnberg 14 | A – 9556 Liebenfels | Austria, Mail: hello@favolainmusica.com, Tel.: +43 699 120 98 703) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You can use the attached sample cancellation form, but this is not mandatory (voluntary). You can also complete and submit the model cancellation form or another clear declaration electronically on our website (under this link). If you make use of this option, we will immediately send you a confirmation of receipt of such a cancellation (e.g. by e-mail).
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period expires.
Consequences of cancellation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.
For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this refund. In the case of purchase contracts in which we have not offered to collect the goods ourselves in the event of cancellation, we may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
If you have received goods in connection with the contract, you must return the goods immediately and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract to us or to: Musik- und Kulturverein “Favola in Musica”, Karnberg 14, A – 9556 Liebenfels, Austria.
The deadline is met if you send the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods.
You shall only be 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.
If you have requested that the services should commence during the cancellation period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you inform us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.
If the customer is an entrepreneur, cancellation is completely excluded.
Sample cancellation form
(If you wish to cancel the contract, please complete and return this form)
– To the music and culture association “Favola in Musica” Karnberg 14 | A – 9556 Liebenfels | Austria]:
– I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*).
provision of the following service (*) – Ordered on (*)/received on (*)
– Name of the consumer
– Address of the consumer
– Signature of the consumer (only for notification on paper) – Date
(*) Delete as appropriate.
- Download as sample cancellation form (Word) and sample cancellation form (PDF).
- Free software to open a PDF file:
- Adobe Acrobat Reader © (Download: http://get.adobe.com/de/reader/)
- Notes for the smoothest possible processing of the return
- (1) If possible, please return the item to us in its original packaging.
- (2) If you only want to return one item from the delivery, but have ordered other items that you would now like to pay for by invoice, simply deduct the item that you have returned from the invoice amount. If you pay by direct debit, the price of the returned item will automatically not be charged.
- The consumer has no right of cancellation for contracts for
- services if the entrepreneur has provided the service in full, whereby in those cases in which the consumer is obliged to make a payment under the contract, the right of withdrawal shall only lapse if, in addition, the association has begun to fulfil the contract with the prior express consent of the consumer and if the consumer
- either confirmed before the start of the provision of services that he/she has acknowledged that he/she loses his/her right of withdrawal upon complete fulfilment of the contract,
- goods or services whose price depends on fluctuations in the financial market over which the Association has no control and which may occur within the cancellation period
- goods that are manufactured according to customer specifications or are clearly customised to personal needs,
- goods that can spoil quickly or whose expiry date would be quickly exceeded
- goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided that the seal has been removed after delivery,
- goods which, due to their nature, have been inseparably mixed with other goods after delivery,
- audio or video recordings or computer software delivered in a sealed package, provided that the seal has been removed after delivery,
- newspapers, periodicals or magazines with the exception of subscription contracts for the delivery of such publications,
- the provision of digital content that is not to be delivered on a physical data carrier, if the Association has begun to fulfil the contract, whereby in those cases in which the consumer is obliged to make a payment under the contract, the right of withdrawal shall only lapse if, in addition
- a) the consumer has expressly consented to the commencement of the fulfilment of the contract before the expiry of the withdrawal period,
- b) the consumer has confirmed that he/she has taken note of the fact that he/she loses his/her right of withdrawal due to the premature commencement of the fulfilment of the contract, and
- c) the organisation has provided the consumer with a copy or confirmation in accordance with Section 5 (2) or Section 7 (3) FAGG.