Revocation Instructions

Revocation Instructions

Right to withdraw/revocate for consumers in Austria:
According to the Consumer Protection Law (KSchG), the withdrawal time limit for a consumer in distance selling is 14 days from the contract conclusion. When delivering a product, this time period starts from its receipt by the consumer. The day on which such time period starts (the contract conclusion date or the date of receipt by the customer) does not count in.

Revocation time limit is:
  1. In case of a purchase contract, fourteen days from the date, on which you or a non-carrier third party designated by you have/has taken possession of the product(s).
  2. In case of a contract for several products ordered by the consumer within a common order but delivered separately, fourteen days from the date, on which you or a non-carrier third party designated by you have/has taken possession of the last product.
  3. In case of a contract for delivering a product in several partial shipments or pieces, fourteen days from the date, on which you or a non-carrier third party designated by you have/has taken possession of the last partial shipment or the last piece.
  4. In case of a contract for regular deliveries of products of a specified period of time, fourteen days from the date, on which you or a non-carrier third party designated by you have/has taken possession of the first product.
    You can withdraw/cancel the purchase without giving reasons by providing your name, address, and, if available, your phone number, fax number, and e-mail address in writing by mail, fax, or letter to our company within the revocation time limit to the address below. For this purpose, you can use the attached Cancellation Form Sample, which is, however, not mandatory:
    Energiepflanzen.com
    Reinhard Sperr
    Gegend 20
    4894 Oberhofen am Irrsee
    Fax: +43 6213 69956
    E-mail: info@energiepflanzen.com

To comply with the revocation time limits, it is sufficient that you send the message on exercising your revocation right before the expiry of the revocation time limit.
Should the consumer withdraw from the contract, the company should, step by step, return the payments already received from the consumer and compensate the consumer for all necessary and useful expenses incurred in this matter. The consumer should defer the services received and pay the company a reasonable compensation for usage, including a common value reimbursement for the service. Receiving the services by the consumer does not constitute in itself depreciation in the value of the goods.
Goods that can be sent as packages shall be returned by the consumer; and we will pick up from the consumer those that cannot be sent as packages. Return costs shall be the responsibility of the customer according to the agreement, provided that the customer resides in Austria.
If the customer is a company, cancellation is completely precluded.


Cancellation Right for Consumer from Germany:

a. Cost Regulations regarding the cancelation right for consumers from Germany:

Should the consumer exercise his/her cancellation right according to par. b, then it is his/her resonsibility to pay regular fees for returning the goods, if the delivered item complies with his/her order and if the price of the item to be returned does not exceed 40 euros, or if, in the case of a higher price, the customer has not yet provided the consideration or a contractually agreed part payment at the time of cancellation. Otherwise, the return is free of charge.
The following “Revocation Instructions,” i.e., the statutory text of instructions, inform you on the prerequisites, exercising, and consequences of the cancellation/revocation rights.

Cancellation Instructions for Consumers from Germany

Revocation Instructions

Cancellation right: You can cancel your contract declaration without giving reasons by a written notice, such as a letter, a fax message, or – if permission to use the corporeal object prior to expiry of the fixed term was granted to you – by returning the corporeal object, within 14 days. The time limit starts to run once the written notice of cancellation has been received, but- in cases involving contracts that must be concluded in writing – not before the consumer has equally been provided with a contractual document, his written application, or a copy of the contractual document or application, nor before the goods are received by the recipient (where similar goods are delivered on a recurring basis, then not before receipt of the first part delivery), nor before we have fulfilled our obligations to provide information as defined in Article 246 § 2 in conjunction with § 1 (1) and (2) of the Introductory Act to the Civil Code (“EGBGB”) as well as our duties under § 312e (1) sentence 1 of the BGB in conjunction with Article 246 § 3 EGBGB.
The revocation/cancellation term is:

  1. In case of a purchase contract, fourteen days from the date, on which you or a non-carrier third party designated by you have/has taken possession of the product(s).
  2. In case of a contract for several products ordered by the consumer within a common order but delivered separately, fourteen days from the date, on which you or a non-carrier third party designated by you have/has taken possession of the last product.
  3. In case of a contract for delivering a product in several partial shipments or pieces, fourteen days from the date, on which you or a non-carrier third party designated by you have/has taken possession of the last partial shipment or the last piece.
  4. In case of a contract for regular deliveries of products of a specified period of time, fourteen days from the date, on which you or a non-carrier third party designated by you have/has taken possession of the first product.
    You can withdraw/cancel the purchase without giving reasons by providing your name, address, and, if available, your phone number, fax number, and e-mail address in writing by mail, fax, or letter to our company within the revocation time limit to the address below. For this purpose, you can use the attached Cancellation Form Sample, which is, however, not mandatory:
    Energiepflanzen.com
    Reinhard Sperr
    Gegend 20
    4894 Oberhofen am Irrsee
    Fax: +43 6213 69956
    E-mail: info@energiepflanzen.com

Consequences of Cancelling: In the case of an effective revocation the mutually received benefits are to be returned and, if applicable, the uses made, such as interest received, must be compensate. In case you are unable to reimburse us either in total or partially for services/benefits received, or if you can only return the goods in a worse condition than it was delivered, you are required to offer a compensation of equal value. For the deterioration of the item and for the uses made of them, you only are to compensate, insofar such uses or deterioration are caused by handling the item, which exceeds the conventional tests of the properties and normal operation. The “tests of properties and operation” shall mean testing and checking the relevant item like it is possible in a shop. Any merchandise eligible for shipping will be returned at our expense and risk. It is your responsibility to pay regular fees for returning, provided that the delivered item complies with your order and that the price of the returned item does not exceed the amount of 40 euros, or, in case of a higher price, that you have not yet provided any service or paid any contractual part payment for the item by the cancellation time. Otherwise, return is free of charge for you. Items that cannot be sent in packages will be picked up by us. Duties for the compensation of payments must be fulfilled within 30 days. The term starts for you with sending your cancellation notice or the item to us, while for us it begins with the receipt thereof.