Right of revocation
Extract from the GCT
Article 10 - Cancellation Policy, Right of Revocation
(1) The consumer may revoke the contract of sale without penalty and without giving reasons within 14 (fourteen) calendar days of receipt of the goods.
(2) The cancellation period of 14 (fourteen) calendar days shall commence on the day on which the consumer or a third party designated by him, who is not the carrier, has taken possession of the goods.
(3) If the consumer wishes to exercise his right of revocation, he must inform Kaufgut SPA, Str. Pacinotti 6, 39100 Bolzano, Tel. +39 0471 540400, Fax +39 0471 540445, E-Mail email@example.com, of his decision to cancel the purchase contract by a clear statement (e.g. a letter sent by post, fax or e-mail). The consumer may also use the sample revocation form provided for in Article 12, but this is not compulsory.
(4) To uphold the withdrawal period, you simply need to send notification to exercise your right of revocation before the expiry of the revocation period.
Article 11 - Legal effects of the withdrawal of the consumer.
(1) In the event of withdrawal by the consumer, Kaufgut must repay all payments received from the consumer, including delivery charges (except for the additional costs arising from the consumer selecting a different type of delivery than the most favourable standard delivery offered by Kaufgut), immediately and at the latest within fourteen (14) days from the day on which the notice of withdrawal of the goods has been received.
(2) For this repayment, Kaufgut uses the same method of payment as the consumer used in the original transaction, unless otherwise agreed with the consumer; under no circumstances will fees be charged for the repayment.
(3) The costs for the return of the goods are borne by the consumer himself.
(4) Kaufgut may refuse to repay until they have received the goods or the consumer has provided proof that they have returned the goods to Kaufgut; this depends on which of the two circumstances occurs earlier.
Article 12 - Duty of the consumer to exercise his right of withdrawal.
(1) After exercising the right of withdrawal, the consumer is obliged to return or hand over the goods immediately and in any event no later than fourteen (14) days after notification of the cancellation to Kaufgut.
(2) The deadline shall be met if the consumer sends back the goods before the period of 14 days has expired.
(3) The consumer only has to pay for a possible loss of value of the goods, if this loss of value can be attributed to handling of the goods by the consumer, which would not have been necessary for the examination of the condition, the characteristics and functioning of the goods.
(4) The burden of proof regarding the intended exercising of the right of revocation lies with the consumer.
(5) A claim for reimbursement of the full purchase price may only be made if the goods are received intact and in perfect condition, possibly in the original packaging and complete with all parts.
(6) The right of revocation does not exist with the following contracts:
- Contracts for the delivery of goods which are not prepackaged and for the production of which an individual choice or decision by the consumer is required or which are clearly tailored to the personal needs of the consumer;
- Contracts for the supply of goods that can spoil quickly or whose use-by date passes quickly;
- Contracts for the delivery of sealed goods that for reasons of health protection or hygiene are not suitable for return, if their seal has been removed after delivery.