Information on the right of withdrawal and cancellation (Section 11 FAGG and Section 3 KSchG)
Consumers within the meaning of the Consumer Protection Act (“KSchG”) may withdraw from contracts concluded outside business premises (Section 3(1) FAGG) or a distance contract (Section 3(2) FAGG) in accordance with Section 11 FAGG within fourteen days without giving any reason. In the case of a contract for the provision of services, the withdrawal period is fourteen days from the date on which the contract is concluded. The contract is concluded on the day on which GUTMANN GmbH receives written acceptance of the customer’s offer to enter into a contract, or in the case of contracts for the purchase of one or more goods and services, fourteen days from the date of conclusion of the contract or fourteen days from the date on which the customer or a third party designated by them, other than the carrier, took possession of the goods.
You also have the right to withdraw from your offer to enter into a contract and to withdraw from the contract once it has been concluded without giving any reason, provided that you did not submit the offer to enter into a contract and/or the declaration of acceptance at the premises of GUTMANN GmbH or at a trade fair, and did not initiate the business relationship yourself. This withdrawal may be declared up until the conclusion of the contract or within a period of fourteen days thereafter.
To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by sending a clear statement (e. g. a letter sent by post or an email) either by email to tankstellen@gutmann.cc or by mail to GUTMANN GmbH, for the attention of the Tankkarten-Abteilung, FĂĽrstenweg 87, 6020 Innsbruck, by means of a clear statement (e. g. a letter sent by post or an email) informing us of your decision to withdraw from this contract or to rescind this contract/contract offer.
You are welcome to use our model withdrawal form to exercise your right of withdrawal, although this is not mandatory. To ensure you meet the withdrawal deadline, it is sufficient for you to send us the notification on the day the deadline expires.
Consequences of withdrawal: If you withdraw from this contract, we shall refund to you all payments we have received from you, including delivery costs (with the exception of any additional costs arising from your choice of a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract (withdrawal).
We will use the same payment method for this refund as you used for the original transaction, unless we have expressly agreed otherwise with you; under no circumstances will you be charged any fees in connection with this refund.
GUTMANN GmbH may withhold the refund until GUTMANN GmbH has received the goods back or until the customer has provided proof that they have returned the goods, whichever is the earlier. The customer must return or hand over the goods to GUTMANN GmbH without delay and in any event no later than fourteen days from the date on which the customer informs GUTMANN GmbH of the cancellation or withdrawal. The deadline is deemed to have been met if the customer posts the goods before the deadline expires. The customer shall bear the direct costs of returning the goods.
The customer shall only be liable for any loss in value of the goods if such loss is attributable to handling of the goods that goes beyond what is necessary to ascertain their nature, characteristics and functioning.
If you have requested that the services (in particular, the provision of the shop) should commence during the withdrawal/cancellation period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal/cancellation in respect of this contract, compared to the total scope of the services provided for in the contract.
Any right of withdrawal on the part of the consumer under Section 11 of the FAGG is excluded by law, in accordance with Section 18 (1) (6) of the FAGG, in the case of goods which, due to their nature, have become inseparably mixed with other goods following delivery.