Right of Revocation
Information on the existence or non-existence of a right of withdrawal
1. Exclusion of the right of withdrawal
For the conclusion of distance contracts or those concluded away from business premises, Section 3 (3) (4) of the Consumer Protection Act (KSchG) in connection with Section 18 (1) (2) of the Austrian Distance Selling Act (FAGG) is referred to, where it is stipulated that consumers shall not have a right of withdrawal from contracts concerning goods or services whose prices are subject to fluctuations in the financial markets, over which the entrepreneur has no influence, and such fluctuations may occur during the withdrawal period.
Precious metal bars and precious metal coins in particular are excluded from the right of withdrawal, irrespective of size and denomination, as are products manufactured according to customer specification. The exclusion of the right of withdrawal for these goods affects both their sale and also their purchase by us.
2. Right of withdrawal for other goods
You may withdraw from the purchase of goods other than those specified in Section 1.7.1, e.g. accessories or gift items purchased through our online shop, within 14 days without specifying a reason. In such contracts, the withdrawal period begins:
- on the day you or a third party other than the carrier and indicated by you acquires the material possession of the goods,
- if you have ordered several items as part of one purchase order, which are delivered separately, on the day you or a third party other than the carrier and indicated by you acquires the material possession of the goods delivered last,
- if goods are delivered in several partial deliveries, on the day you or a third party other than the carrier and indicated by you acquires the material possession of the last partial delivery,
- in the case of contracts pertaining to the regular delivery of goods over a specified period, on the day you or a third party other than the carrier and indicated by you acquires the material possession of the goods delivered first.
The declaration of withdrawal is not restricted to a specific form. Your declaration must clearly indicate your intention to withdraw. The template withdrawal form found in Annex I Part B of FAGG can also be used for the withdrawal. This is available online at https://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2014_I_33/COO_2026_100_2_997974.pdf (“B. Muster-Widerrufsformular”) and has the following structure:
B. Muster-Widerrufsformular (If you wish to withdraw from the contract, please complete this form and return it) — To: philoro EDELMETALLE GmbH. Währingerstraße26, 1090 Wien, Telefon: +43 1 997 14 72, Fax: +43 1 997 14 72 100, E-Mail: firstname.lastname@example.org — I/we (*) hereby give notice that I/we (*) wish to cancel my/our (*) contract of sale of the following goods (*)/for the supply of the following service (*) — Ordered on (*)/received on (*) — Name of the consumer(s) — Address of the consumer(s) — Signature of the consumer(s) (only if this form is submitted on paper) — Date (*) Delete as appropriate.
The following also applies to the exercise of withdrawal:
You must return the goods received to us immediately, at the latest within 14 days of submitting your declaration of withdrawal. The relevant deadline shall be met where the goods are sent within this period.
You shall bear the direct costs of returning the goods. The costs of returning the goods varies depending on the items and their value (please use the delivery costs originally paid as a guide).