Model Withdrawal Form (Muster-Widerrufsformular / Rücktrittsformular)
You can use this form to notify us that you are withdrawing from your contract. Using the form is voluntary – you may also declare your withdrawal informally, by any other unequivocal statement (§ 13 FAGG – Fern- und Auswärtsgeschäfte-Gesetz, the Austrian Distance and Off-Premises Transactions Act). Simply complete the form and send it to us by email or by post. Please note: there is no right of withdrawal for items that are made to your specifications or are clearly personalised to meet your individual requirements (§ 18 para 1 no 3 FAGG); this applies in particular to items that we produce using your individual details – such as your names or your wedding date. If you are unsure about a particular item, feel free to ask us before you order. The seller and your contracting party is in every case our Austrian sole proprietorship based in Graz, Austria; we have no establishment abroad. We currently deliver only to Austria and Germany.
How to declare your withdrawal
You have 14 days to withdraw from the contract without giving any reason (§ 11 FAGG). In the case of a contract of sale, this period starts on the day on which you – or a third party designated by you who is not the carrier – took possession of the goods; the day of receipt itself is not counted. Where your order is delivered in several separate consignments, receipt of the last consignment is the relevant date.
Here is how to proceed:
1. Complete the form – either print it out and fill it in by hand, or copy the text into an email. 2. Send it off – by email to michaeljoebst87@gmail.com or by post to the address given below. 3. Meet the deadline – it is sufficient that you dispatch your declaration within the 14 days (§ 13 FAGG). Keep evidence of dispatch (the email in your sent folder, a postal receipt).
You are not bound to use this form: a short email saying "I withdraw from my order placed on [order date]" is equally valid, as long as your decision to withdraw is unequivocally clear from it.
Model withdrawal form for you to complete
(If you wish to withdraw from the contract, please complete this form and return it to us.)
To: Michael Jöbstl Puchstrasse 145 8054 Graz Austria (Österreich) Email: michaeljoebst87@gmail.com Phone: 06604736784 (international: +43 660 4736784)
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods:
Description of the goods: ______________________________________________
Ordered on: ____________________
Received on: ____________________
Name of consumer(s): ______________________________________________
Address of consumer(s): ______________________________________________ ______________________________________________
Email address of your customer account (to identify your order): ______________________________________________
Date: ____________________
Signature of consumer(s) (only if this form is notified on paper): ______________________________________________
(*) Delete as appropriate.
Which orders this form applies to
The statutory right of withdrawal under § 11 FAGG applies to all goods ordered by means of distance communication (Fernabsatz / distance selling) – subject to the exceptions set out in that Act.
One of these exceptions concerns our product range: under § 18 para 1 no 3 FAGG there is no right of withdrawal for goods that are made to your specifications or are clearly personalised to meet your individual requirements. This is the case whenever we produce an item using your individual details – for example your names, your wedding date or your own wording. According to the case law of the Court of Justice of the European Union (judgment of 21 October 2020, C-529/19), this applies irrespective of whether we have already begun production.
This exception does not apply across the board to everything we offer. For items that we produce or supply without your individual details, your 14-day right of withdrawal remains fully in place – and this form is then exactly the right way to exercise it. Whether or not a right of withdrawal exists for a particular item depends on whether we make it specifically using your individual details; if you are unsure, simply ask us before you order.
If you are unsure whether your item falls under the exception, write to us at michaeljoebst87@gmail.com before production starts. We will give you a clear answer.
What happens after you withdraw
Refund: We will reimburse all payments received from you, without undue delay and at the latest within 14 days from the day on which your declaration of withdrawal reached us (§ 14 FAGG). The reimbursement is made using the same means of payment you used for your order; you will not be charged any fee as a result.
Returning the goods: You must send the goods back to us at the address given above without undue delay and in any event no later than 14 days from the day on which you declared your withdrawal (§ 15 FAGG). Here too, timely dispatch is sufficient. Who bears the cost of returning the goods will be agreed with you individually before you send them back.
Withholding the refund: We may withhold reimbursement until we have received the goods back, or until you have supplied us with proof that you have sent them back, whichever is the earlier.
Diminished value: You may examine the goods in the same way as you would in a shop. You must compensate us for any diminished value resulting from handling the goods beyond that (§ 16 FAGG).