Right of Withdrawal and Withdrawal Form

Right of withdrawal

As a consumer within the meaning of the Consumer Protection Act, you have the right to withdraw from this contract within 14 (fourteen) days without giving any reason.

The withdrawal period is

in the case of a contract for work or services, from the day the contract is concluded,
in the case of a sales contract, from the day on which you or a third party designated by you, who is not the carrier, have taken possession of the goods;
in the case of a contract for several goods that you have ordered as part of a single order and which are delivered separately, from the day on which you or a third party designated by you, who is not the carrier, have taken possession of the last goods.

To exercise your right of withdrawal, you must inform us (recommended: by post or by e-mail) of your decision to withdraw from this contract by means of a clear statement:

helecom e.U, Hohe Warte 64/10, 1190 Vienna

E-mail: info@heleshop.at

Tel.: +43 6704038889

For your withdrawal, you may use the attached model withdrawal form, although it is not mandatory.

Download withdrawal form

To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal

The following applies to the sales contract:

For this repayment, we will use the same means of payment as you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.

We may withhold the refund until we have received the goods back or until you have provided proof that you have sent the goods back, whichever is the earlier.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the withdrawal from this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period.

You shall bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the nature, characteristics, and functioning of the goods.

The following applies to the service/work contract:

If you withdraw from this contract, we shall refund all payments we have received from you, including delivery costs (with the exception of any additional costs resulting from your choosing a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment as you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. If you have requested that the services should begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided by the time you notify us of the exercise of the right of withdrawal with regard to this contract, compared to the total scope of the services provided for in the contract.

Exceptions to the right of withdrawal:

The consumer has no right of withdrawal for distance contracts or contracts concluded off-premises concerning:

services, if the entrepreneur – based on an express request by the consumer and confirmation by the consumer of their knowledge of the loss of the right of withdrawal upon full performance of the contract – had begun the execution of the service before the expiry of the withdrawal period and the service was then fully provided,
goods manufactured according to customer specifications or clearly tailored to personal needs,
goods that can spoil quickly or whose expiration date would be quickly exceeded,
goods that are delivered sealed and are not suitable for return for health or hygiene reasons, if their seal was removed after delivery,
goods which, after delivery, were inseparably mixed with other goods due to their nature,
audio or video recordings or computer software supplied in a sealed package, if the seal was removed after delivery,
newspapers, periodicals, or magazines with the exception of subscription contracts,
the supply of digital content not stored on a physical medium, if the entrepreneur – with the express consent of the consumer, combined with their acknowledgment of the loss of the right of withdrawal in the event of early commencement of the performance of the contract and after provision of a copy or confirmation of the concluded contract – had begun delivery before the expiry of the withdrawal period.
Furthermore, the consumer has no right of withdrawal for contracts concerning urgent repair or maintenance work where the consumer has expressly requested the entrepreneur to visit them for the execution of this work. If, during such a visit, the entrepreneur provides additional services that the consumer has not expressly requested, or delivers goods that are not strictly necessary as spare parts for the maintenance or repair, the consumer has the right of withdrawal with regard to these additional services or goods.