Right of withdrawal
1. If the customer is a consumer (within the meaning of the Consumer Protection Act), he/she has the right to withdraw from the contract concluded with Original Sacher-Torten Manufaktur GesmbH ("Hotel Sacher") via the web shop, within fourteen days for orders that fall under the Act on Distance Contracts and Off-Premises Contracts [Fern- und Auswärtsgeschäfte-Gesetz, FAGG] and only if this does not involve a first made to measure or perishable product, without providing reasons.
2. The withdrawal period is fourteen days and starts:
· in the case of a sales contract, on the day on which the customer or a third party named by the customer (this does not include the carrier) takes possession of the product;
· if the customer has ordered several products as part of a single order, which will be delivered separately, on the day on which the customer or a third party named by the customer (this does not include the carrier) takes possession of the last product;
· in the case of delivery of goods in several partial shipments, on the day on which the customer or a third party named by the customer (this does not include the carrier) takes possession of the last partial shipment or the last item;
3. The customer can exercise his/her right of withdrawal by means of a clear declaration in which Hotel Sacher is informed of the decision to withdraw from the contract.
4. This can be done:
· by postal mail: Original Sacher-Torten Manufaktur GesmbH, Philharmonikerstrasse 4, 1010 Vienna
· by E-Mail: firstname.lastname@example.org
· by phone: +43 (0)1 514 56 – 5608
· by Fax: +43 (0)1 514 56 - 901199
5. For this purpose, the customer can use Hotel Sacher’s cancellation form .
6. To meet the deadline for withdrawal, it is sufficient for the customer to send the declaration that he/she is exercising his/her right of withdrawal before the deadline has expired.
7. If the customer withdraws from the contract, Hotel Sacher will immediately reimburse him/her for the payments already made no later than 14 days after receipt of the declaration of withdrawal.
This reimbursement includes the gross price paid by the customer for the product, including the delivery costs for transporting the product to the customer. Any additional costs resulting from the fact that the customer chose a different type of delivery than the cheapest standard delivery offered by Hotel Sacher (e.g. express delivery) will not be reimbursed.
Hotel Sacher can refuse the reimbursement until Hotel Sacher has received the product back or until the customer provides evidence that he/she has sent the product back (whichever is earlier).
8. If the customer withdraws from the contract, he/she is obliged to return the received product to Hotel Sacher immediately, but no later than 14 days after submitting the declaration of withdrawal (unless Hotel Sacher has offered the customer in writing that it will collect the goods itself). This retention period is met if the product is shipped by the deadline.
9. The direct costs for returning the product must be borne by the customer.
10. The customer must compensate Hotel Sacher for any loss of value if this is due to handling that is not necessary to check the quality, properties and functionality of the product. This is especially the case when drinks (in whatever type of packaging, e.g. cans, bottles, six-packs, etc.) are opened.
Exceptions to the right of withdrawal
The right of withdrawal described also applies to customers that are consumers, not for:
· goods that are manufactured according to customer specifications or are clearly tailored to personal needs,
· good that can spoil quickly or whose use-by date would be exceeded quickly,
· newspapers, magazines or illustrated magazines, with the exception of subscription contracts for the delivery of such publications,
· audio or video recordings or computer software (such as CDs, DVDs, CD-ROMs) that are delivered in sealed packages and the seal has been removed by the customer.If the right of withdrawal does not exist, Hotel Sacher will explicitly inform the customer of the non-existence prior to the conclusion of the contract.