Right of rescission
Right of Revocation for Consumers
Consumers are entitled to the right of revocation according to the following conditions, whereby the consumer is any natural person entering into a legal transaction for a purpose that can be attributed neither to a commercial nor a self-employed occupational activity.
Right of Revocation
You have the right to cancel this contract within thirty days without citing any reasons.
The revocation period shall be thirty days from the day you or a third party designated by you other than the carrier acquire the material possession of each of the goods ordered.
In order to exercise your right of revocation you must notify us (Jacques Lemans GmbH, Jacques-Lemans-Str. 1, 9300 St.Veit an der Glan, Austria, Tel.: +43 (0) 4212 54 44 20, mail: firstname.lastname@example.org) of your decision to revoke from this contract, such notice to be made by way of an unequivocal declaration (e.g.: by a registered letter sent by post, fax or mail). For such purpose you may use the enclosed sample revocation form which is, however, not mandatory.
The revocation period shall be deemed complied with if you dispatch the notice on the exercise of the right of evocation before expiration of the revocation period.
Consequences of Revocation
Should you revoke this contract, we shall repay to you all payments which we have received from you, including the cost of delivery (with the exception of additional costs resulting from your election of any other kind of delivery than the least expensive standard delivery offered by us), such repayment to be made without delay and no later than thirty days from the date on which we received the notice on the revocation of the contract. For such repayment we shall use the same means of payment which you used for the original transaction, unless agreed to the contrary between us; you shall not be charged with any fees whatsoever in respect of such repayment. We may reject payment until we receive back the goods or until you provide evidence that you sent back the goods, whichever is earlier.
You shall return to us the goods, whether by way of shipment or delivery in person, without any delay and in no event any later than thirty days from the date on which you notified us on the revocation of the contract. Such aforesaid evocation period shall be deemed complied with if you dispatch the goods before expiration of the fourteen-days-period. According to § 15 FAGG you as consumer shall bear the direct cost of return shipment of the goods.
You shall be responsible for a loss in value of the goods only if such loss in value is due to your handling of the goods in a manner which is not necessary for the examination of the quality, characteristics and functionality of the goods.
End of Revocation Instructions
Exclusion or Premature Expiration of the Right of Revocation
The right of revocation does, among others, not exist in respect of contracts
- on the delivery of goods that are not prefabricated and for the manufacture of which an individual choice or designation by the costumer is relevant or which are clearly customized to the personal needs of the consumer
- on the delivery of goods that can perish quickly or whose sell-by date would be quickly exceeded
- on the delivery of alcoholic beverages, whose price was agreed when signing the contract, but which can be delivered earliest 30days after signing the contract and whose price is subject to fluctuations of the market over which the seller has no influence
- on the delivery of newspapers, journals and magazines with the exception of subscription contracts
The right of evocation prematurely expires in respect of contracts
- on the delivery of sealed goods which, for reasons of health protection or hygiene , are not suitable for return if their sealing has been removed after delivery
- on the delivery of goods if these were mixed inseparably with other goods after delivery by virtue of their nature
- on the delivery of audio or video recordings if the seal of the recording media has been broken by the customer