GENERAL TERMS AND CONDITIONS

ANTON BAUER GMBH

1. Subject Matter and Scope

• These General Terms and Conditions (“GTC”) apply, where included, to all offers, contracts, deliveries, and services of Anton Bauer GmbH, FN 339407d, Neufang 42, 3483 Feuersbrunn, office@antonbauer.at (“ANTON BAUER”), particularly those processed electronically via any online shop as well as via any digital applications, services, and local and mobile applications (“Apps”) of ANTON BAUER (collectively “digital services”).

• ANTON BAUER is entitled to change the following GTC at any time without stating reasons. The version valid at the time the contract is concluded shall be applicable in each case.

• ANTON BAUER is only willing to contract under the conditions regulated in these GTC and to offer its deliveries and services exclusively on the basis of these GTC. Contractual, order, business, delivery, or other terms and conditions of contracting partners are excluded and shall only apply if and to the extent that their validity has been recognized in writing by ANTON BAUER. Express or implied acts (of performance) or silence on the part of ANTON BAUER shall not be deemed as acceptance of such terms and conditions of contracting partners.

• These GTC can be accessed electronically on the ANTON BAUER website https://www.antonbauer.at/, printed, downloaded, and saved on a storage medium.

2. Services

• General Information

As a winery, ANTON BAUER offers goods, particularly alcoholic and non-alcoholic beverages, and services (e.g., wine tastings, etc.) and sells these to companies and consumers (“Customers”), where applicable also via digital services.

Information provided by ANTON BAUER regarding the nature or properties of its services and results of any kind (e.g., in product descriptions, brochures, catalogs, or other content) is non-binding, unless a binding nature or specific properties or nature are expressly promised in writing.

• Personal Requirements

The conclusion of a contract with ANTON BAUER is only permitted for persons of full legal capacity and age or those acting with the express consent of their legal representatives. In the case of minors or persons without legal capacity, ANTON BAUER is entitled (but not obliged) to immediately withdraw from the contract and refuse (further) performance of the contract upon becoming aware of the lack of capacity.

The offering and sale of alcoholic products by ANTON BAUER takes place only in compliance with the provisions of the Lower Austrian Youth Protection Act. Persons who have submitted a contractual declaration (e.g., an order) must, upon request by ANTON BAUER, immediately and verifiably submit an official photo ID or a youth card suitable for proving age according to the respective state youth protection regulations to ANTON BAUER; otherwise, ANTON BAUER is entitled to refrain from concluding the contract or to withdraw from an already concluded contract immediately with ex-tunc effect and to refuse performance of the contract.

IMPORTANT NOTE: Alcohol is harmful to health, can lead to impairment, and is addictive. Products from ANTON BAUER that contain alcohol are only suitable for persons who are in generally good health. Persons suffering from illnesses or intolerances, diabetics, or pregnant women are expressly advised to consult a doctor and have their health checked before consuming alcoholic products. ANTON BAUER does not provide health or medical advice.

• Offer, Confirmation, Conclusion of Contract

Offers from ANTON BAUER are always limited by availability and are subject to change (non-binding), so that they only represent an invitation to customers to submit an offer to ANTON BAUER. Offers (e.g., orders, commissions, and changes thereto) from customers (“Offer”) are legally binding and will only be considered if they are made in writing or electronically (by filling out and sending an electronic form via the online shop or by email), stating the personal data required for contract fulfillment and after accepting these GTC and confirming knowledge of the corresponding cancellation and withdrawal instructions and forms (via the online shop by actively clicking the respective tick-boxes).

Legal transactions (contracts) only come into existence upon acceptance of the customer’s offer by ANTON BAUER (“Acceptance”). Acceptance can take place either by express declaration (e.g., signing the contract, confirmation of offer) or implicitly by providing or delivering the ordered goods or by providing the ordered services. An automatically generated confirmation of receipt by email, in which the customer’s electronic offer is listed again, merely documents its receipt by ANTON BAUER and does not yet constitute an acceptance by ANTON BAUER.

Cost estimates from ANTON BAUER are non-binding unless ANTON BAUER has expressly promised a binding nature in writing.

ANTON BAUER is entitled to correct calculation, arithmetic, or clerical errors in its cost estimates, offers, acceptances, or other documents at any time with binding effect for the contracting partner.

3. Prices, Payment Terms, Delivery, Default

• Price information from ANTON BAUER is in Euros (EUR), specifically gross for consumers, i.e., including the VAT applicable in Austria, and net for entrepreneurs, i.e., plus the applicable VAT, but in any case excluding (i.e., plus) packaging, delivery, transport (insurance), and shipping costs as well as any other taxes and duties (export and import taxes, customs duties, etc.). If mandatory, these costs will be shown separately by ANTON BAUER. Insurance for transport will only be concluded at the express request of the customer and at their expense.

• All prices apply until further notice. ANTON BAUER is entitled to make a reasonable price increase if changes in raw material or auxiliary material prices, wages, salaries, freight, or other public duties or fees occur after the offer has been submitted; for consumers within the limits of the KSchG.

• Multiple persons on the side of a contracting partner of ANTON BAUER owe ANTON BAUER joint and several performance (payment).

• ANTON BAUER is entitled to issue and transmit invoices electronically to the email address provided by the customer. Unless expressly agreed otherwise (e.g., advance payment or instant transfer in the online shop), invoices from ANTON BAUER are due for payment immediately after delivery to the address or email address provided by the customer, free of charges and deductions. Payment is to be made either by incoming bank transfer to the account of ANTON BAUER or in cash. Costs of the payment transaction (e.g., bank fees due to international transfers) are to be borne by the customer. A cash discount will only be granted if expressly agreed in writing. Partial payments will only be accepted if they have been expressly agreed.

• Customers who are entrepreneurs must check all invoices for accuracy and raise objections with ANTON BAUER within 7 (seven) days of delivery. If the customer does not object within this period, the accuracy of the invoice shall be deemed accepted by them.

• Payments are to be made exclusively to ANTON BAUER and not to representatives or sales partners (such as commercial agents or brokers) of ANTON BAUER. In the event of default in payment, statutory default interest shall be deemed agreed. In the event of payment default by the customer, ANTON BAUER is entitled to refuse performance of the contract until all outstanding invoices have been paid in full by the customer concerned and to withdraw from a contract in whole or in part or to demand compensation (particularly for frustrated expenses) in accordance with statutory provisions (§§ 918 ABGB).

• Payments by the customer will – even if otherwise designated – always be credited against the oldest outstanding invoice or claim of ANTON BAUER, whereby payments are first credited against the costs of collection measures necessary for appropriate legal pursuit, then against default interest, and only then against the principal.

• ANTON BAUER is entitled to assign customer claims. In this case, the assignment of claims will be displayed to the customer. The customer is then entitled and obliged to pay to the respective named factoring company.

• The delivery of goods or the provision of services takes place – unless expressly agreed otherwise – only against advance payment or after full payment of the invoice amount and after procurement of any necessary documents, information, permits, releases, or the like by the customer. Any delivery and performance periods do not begin before all these obligations have been fulfilled.

• The delivery of goods or the provision of services takes place ex works or warehouse. Partial deliveries by ANTON BAUER are permitted. Shipping to business customers takes place, unless otherwise agreed, at the expense and risk of the customer. Delivery by ANTON BAUER is deemed to have taken place upon handover to the customer, or in the case of mail-order sales, upon handover of the goods to the forwarder or carrier or the person or institution otherwise designated to carry out the shipment.

• Any specified delivery or performance dates or periods are to be regarded as approximate only and are not binding. The agreement of a fixed or regular delivery date requires for its effectiveness the express designation as such and the verifiable, unambiguous confirmation by ANTON BAUER.

• If products ordered by the customer are temporarily unavailable, ANTON BAUER will inform the customer of this immediately. In the event of a delivery delay of more than three weeks (for whatever reason), both the customer and ANTON BAUER have the right to withdraw from the contract with regard to the part not yet fulfilled.

• ANTON BAUER is not responsible for the non-fulfillment of its contractual obligations if this is based on unforeseeable circumstances for which ANTON BAUER is not responsible, chance, or force majeure, such as natural events, war, terrorist attacks, import and export bans, strikes, riots, operational disruptions, disruptions of the power or internet connection, technical defects, epidemics/pandemics, sovereign interventions or measures, material procurement difficulties, energy shortages, lack of transport means, and similar circumstances, even if they occur at sub-suppliers and vicarious agents. If such circumstances make performance temporarily impossible, any delivery and performance periods shall be extended by the duration of the temporary hindrance.

4. Retention of Title

• All goods from ANTON BAUER remain the property of ANTON BAUER until full payment of all claims from the business relationship, including ancillary claims (such as costs and expenses) as well as any claims for damages, and the fulfillment of all contractual obligations (also from other legal transactions with ANTON BAUER) by the customer.

• In the event of (payment) default, ANTON BAUER is entitled to assert its rights from the retention of title. The assertion of the retention of title by ANTON BAUER does not constitute a withdrawal from the contract unless this is expressly declared by ANTON BAUER.

• The customer is only entitled to dispose of the goods subject to retention of title and to resell them if they grant ANTON BAUER an extended and prolonged retention of title in the contract with their contracting partner. The customer’s claims from a resale of the reserved goods are already now assigned to ANTON BAUER to secure all claims of ANTON BAUER from the business relationship. ANTON BAUER accepts this assignment.

• Empty containers intended for reuse (crates, reusable bottles, barrels, beverage containers, and pallets) are provided to the customer solely for the purpose of transport and/or storage and remain the property of ANTON BAUER in any case, regardless of the payment of a deposit. Any other use, particularly passing them on to third parties, is prohibited for the customer.

5. Use of Digital Services

• Technical Requirements

In order to use digital services from ANTON BAUER (e.g., the online shop or apps), customers must meet the necessary technical requirements at their own expense. Thus, customers themselves must provide suitable hardware and software as well as suitable access to the internet at their own expense and also bear the connection costs to mobile phone and internet operators themselves. Customers are recommended, not least to avoid security risks, to keep their hardware and software up to date. Should general technical standards change in the future, customers must adapt to these changes at their own expense.

• Special Provisions for Apps

Apps and the technologies underlying them may not be downloaded to or exported or re-exported to the following countries, entities, or persons: (i) Burma (Myanmar), Iraq, Iran, Cuba, Libya, North Korea, Sudan, Syria, or other countries against which the USA has imposed an embargo (or residents or citizens of one of these countries); (ii) a person on the “Specially Designated Nationals” list of the US Treasury Department or on the “Denied Party or Entity List” of the US Department of Commerce and (iii) prohibited countries, persons, end users, or entities specified in the US export laws. It is the sole responsibility of the customers to comply with all domestic and foreign laws when using the app. The obligation of customers to comply with the terms of use of the operating systems (e.g., iOS, Android, or Microsoft) of the devices they use on which the app is installed when using the app is not affected by a contractual relationship with ANTON BAUER.

6. Warranty, Liability

• ANTON BAUER provides a warranty to consumers in accordance with the respective applicable statutory regulations. No warranty or liability is assumed by ANTON BAUER for material defects or damage caused by unsuitable or improper transport, unsuitable or improper storage, or unsuitable or improper serving by the customer or by third parties not attributable to ANTON BAUER.

• For companies, the warranty period for all goods and services begins with delivery or with the start of performance by ANTON BAUER and is 6 (six) months. Only significant defects entitle business customers to refuse acceptance. The business customer bears the burden of proof for the defectiveness of ANTON BAUER’s products and services throughout the entire warranty period.

• ANTON BAUER is liable to the customer for damages according to the statutory provisions, but – with the exception of personal injury and subject to the mandatory provisions of the Product Liability Act as amended – only in cases of intent or gross negligence. Apart from the aforementioned exceptions, ANTON BAUER’s liability for damages in cases of slight negligence is excluded.

• Towards entrepreneurs, ANTON BAUER is not liable for consequential damages, intangible and indirect (mediate) damages, as well as lost profits. Insofar as ANTON BAUER’s liability is not excluded, the business customer bears the burden of proof for the existence of fault on the part of ANTON BAUER or its vicarious agents.

• Insofar as ANTON BAUER’s liability for damages is excluded, this also applies to its organs, corporate representatives, employees, and other vicarious agents. Claims for damages by the customer against ANTON BAUER generally expire in 12 (twelve) months. This does not apply to unlimited liability for personal injury as well as for claims under the Product Liability Act.

• ANTON BAUER endeavors to ensure the highest possible and secure availability and functionality of its digital services and to keep disruptions and errors as low as possible. However, ANTON BAUER does not owe constant, unrestricted, disruption-free, and error-free availability and functionality of its digital services. Digital services and content from third-party providers are completely beyond the influence of ANTON BAUER, even if ANTON BAUER refers to these – e.g., via a link. ANTON BAUER also does not carry out any controls of such external digital services and content and is not obliged to do so towards customers. ANTON BAUER therefore assumes no warranty, liability, or responsibility for the operation, use, and usability of external digital services and content. This applies in particular in the event that use of digital services is not possible due to technical difficulties whose cause lies in the sphere of third-party providers or customers or is interrupted due to connection problems.

• Multiple persons on the side of a contracting partner of ANTON BAUER are jointly and severally liable to ANTON BAUER for the fulfillment and compliance with the services and obligations incumbent upon them as well as for any damages.

7. Other Provisions

• Waiver of Avoidance

To the extent permitted by mandatory law, it is waived to contest or assert that these GTC or contracts subject to these GTC are not validly concluded or are void for the purpose of adjustment or cancellation (in the case of business customers in any case due to error according to § 871 ABGB, lack or loss of the basis of the transaction, and laesio enormis (lesion beyond moiety) according to § 934 ABGB).

• Prohibition of Set-off

Set-off of any counterclaims against ANTON BAUER’s claim for payment of fees and other costs is excluded. In consumer transactions, counterclaims can only be set off in the event of ANTON BAUER’s insolvency and then and to the extent that they are legally connected to the customers’ liability, have been established by a court, or have been recognized by ANTON BAUER.

• Data Protection

Information about the processing of personal data of natural persons is contained in the data protection information, accessible electronically at https://www.antonbauer.at/.

• Place of Performance

The place of performance for all services and payments from or in connection with a contract subject to these GTC is the registered office of ANTON BAUER (see point 1.1.).

• Intellectual Property Rights

Subject to a separate express verifiable agreement, customers are not granted any intellectual property or (work) usage rights of any kind, and all rights remain with ANTON BAUER. All physical or electronic data, documents, and content of ANTON BAUER also remain its intellectual property or – insofar as they are protected as works within the meaning of the Copyright Act (“UrhG”) – its copyright.

• Online Dispute Resolution Platform, Information according to § 19 para 3 AStG

The European Commission provides an online platform for online dispute resolution (“ODR”), which can be accessed electronically at http://ec.europa.eu/consumers/odr. Customers have the opportunity to use this online platform for the settlement of their disputes. According to § 19 para 3 of the Alternative Dispute Resolution Act, ANTON BAUER must point out the alternative dispute resolution body responsible for them to its customers who are consumers if it cannot reach an agreement with them in a dispute, on paper or another durable medium. For online business, these are: http://www.ombudsmann.at and http://www.verbraucherschlichtung.or.at. ANTON BAUER declares that it will not participate in an alternative dispute resolution procedure before the competent alternative dispute resolution bodies.

• Choice of Law, Jurisdiction

Offers as well as any pre-contractual and contractual relationships of ANTON BAUER – including the question of their validity and their pre- and post-effects – are subject to Austrian law, excluding the conflict of law rules of international private law and the UN Convention on Contracts for the International Sale of Goods. For customers who are consumers, however, this choice of law only applies to the extent that they are not deprived of the protection granted to them by mandatory provisions under the law that would be applicable in the absence of a choice of law.

For all legal disputes arising from or in connection with offers as well as pre-contractual and contractual relationships of ANTON BAUER, which also include disputes about their validity and their pre- and post-effects, the exclusive jurisdiction of the court with subject-matter jurisdiction at the registered office of ANTON BAUER (see point 1.1.) is agreed. If the customer is a consumer, this place of jurisdiction is only deemed agreed if the customer has their domicile, habitual residence, or place of employment in this court district or if the customer lives abroad. The contract and procedural language is German.

• Severability Clause

Should a provision of these GTC or a contract subject to these GTC be or become invalid or unenforceable in whole or in part, the validity of the remaining provisions shall not be affected thereby, provided that this is not opposed by mandatory consumer law provisions. In this case, the contracting parties undertake to immediately establish in writing, in place of the legally invalid or unenforceable provision, one that comes as close as possible within the scope of what is legally possible to what was intended by the contracting parties according to the original meaning and purpose of the invalid or unenforceable provision and as close as possible to the economic purpose of the invalid or unenforceable provision. The same applies in the event of regulatory gaps requiring supplementation.

• Further Provisions for Customers as Consumers

For customers who are consumers, the rights of withdrawal and cancellation apply according to the withdrawal and cancellation instructions in the appendix to these GTC, which are considered an integral part thereof.

APPENDIX

Instruction on Withdrawal and Cancellation Rights

for consumer transactions in Austria

1. Instruction on the right of withdrawal according to § 3 Consumer Protection Act (KSchG)

• Consumers within the meaning of § 1 of the Consumer Protection Act (“KSchG”) who have submitted their contractual declaration neither in the rooms permanently used by the company for its business purposes nor at a stand used by the company for this purpose at a trade fair or market, can withdraw from their contract proposal or from the contract according to § 3 KSchG.

• This withdrawal can be declared until the contract is concluded or thereafter within 14 (fourteen) days. The period begins with the delivery of a document to the consumer containing at least the name and address of the company, the information necessary to identify the contract, and an instruction on the right of withdrawal, the withdrawal period, and the procedure for exercising the right of withdrawal, but at the earliest with the conclusion of the contract, and in the case of purchase contracts for goods, on the day the consumer gains possession of the goods. If such a document has not been delivered, the consumer has the right of withdrawal for a period of 12 (twelve) months and 14 (fourteen) days from the conclusion of the contract or delivery of the goods. If the company provides the document within 12 (twelve) months from the start of the period, the extended withdrawal period ends 14 (fourteen) days after the time the consumer receives the document.

• The consumer does not have the right of withdrawal:

• if they themselves initiated the business relationship with the company or its agents for the purpose of concluding this contract,
• if the conclusion of the contract was not preceded by discussions between the parties involved or their agents,
• in the case of contracts where the mutual services are to be provided immediately, if they are usually concluded by entrepreneurs outside their business premises and the agreed fee does not exceed EUR 25.00, or if the company by its nature is not operated in permanent business premises and the fee does not exceed EUR 50.00,
• in the case of contracts subject to the Distance and Off-Premises Contracts Act (“FAGG”), or
• in the case of contractual declarations submitted by the consumer in the physical absence of the entrepreneur, unless they were pressured to do so by the entrepreneur.

• The declaration of withdrawal is not bound to any specific form; however, it must be directed to the company by means of a clear statement (e.g., a letter sent by post, fax, or email) about the consumer’s decision to withdraw from the contract. To meet the withdrawal deadline, it is sufficient to send the withdrawal declaration before the withdrawal period expires.

2. Instruction on the right of withdrawal according to § 3a Consumer Protection Act (KSchG)

• Consumers within the meaning of § 1 KSchG can further withdraw from their contract proposal or from the contract according to § 3a KSchG if, without their initiation, circumstances decisive for their consent, which the company presented as probable in the course of the contract negotiations, do not occur or occur only to a significantly lesser extent.

Decisive circumstances are:

• the expectation of the cooperation or consent of a third party required for the company’s service to be provided or used by the consumer,
• the prospect of tax benefits,
• the prospect of public funding, and
• the prospect of a loan.

• Withdrawal can be declared within 1 (one) week. The period begins to run as soon as it is recognizable to the consumer that the circumstances listed above will not occur or will occur only to a significantly lesser extent and they have received a written instruction on this right of withdrawal. However, the right of withdrawal expires at the latest 1 (one) month after the full fulfillment of the contract by both contracting partners.

• The consumer does not have the right of withdrawal if:

• they already knew or should have known during the contract negotiations that the decisive circumstances would not occur or would occur only to a significantly lesser extent,
• the exclusion of the right of withdrawal was negotiated in detail, or
• the entrepreneur agrees to a reasonable adjustment of the contract.

3. Instruction on the right of withdrawal according to the Distance and Off-Premises Contracts Act (FAGG)

• Right of Withdrawal and Withdrawal Period

Consumers within the meaning of § 1 KSchG can withdraw from a distance contract (§ 3 No. 2 FAGG) or a contract concluded outside of business premises (§ 3 No. 1 in conjunction with No. 3 FAGG) with a company within 14 (fourteen) days without giving reasons according to § 11 para 1 Distance and Off-Premises Contracts Act (“FAGG”).

The withdrawal period begins:

1. for service contracts, on the day the contract is concluded,
2. for purchase contracts and other contracts aimed at the acquisition of goods for a fee:

1. on the day the consumer or a third party named by the consumer, who is not the carrier, gains possession of the goods,
2. if the consumer has ordered several goods as part of a single order that are delivered separately, on the day the consumer or a third party named by the consumer, who is not the carrier, gains possession of the last delivered goods,
3. in the case of delivery of goods in several partial shipments, on the day the consumer or a third party named by the consumer, who is not the carrier, gains possession of the last partial shipment,
4. in the case of contracts for the regular delivery of goods over a specified period of time, on the day the consumer or a third party named by the consumer, who is not the carrier, gains possession of the first delivered goods,
   3. in the case of a contract for the delivery of digital content not stored on a physical data carrier within the meaning of the definition of § 3 No. 6 FAGG, on the day the contract is concluded.

• Failure to Inform about the Right of Withdrawal

If the company has not fulfilled its information obligation according to § 4 para 1 No. 8 FAGG, the withdrawal period provided for in § 11 leg cit shall be extended by 12 (twelve) months. If the company provides the information within 12 (twelve) months from the day relevant for the start of the period according to point 3.2., the withdrawal period ends 14 (fourteen) days after the time the consumer receives this information.

• Exercising the Right of Withdrawal

The declaration of withdrawal is not bound to any specific form; however, it must be directed to the company by means of a clear statement about the customer’s decision to withdraw from the contract. The consumer can use the sample withdrawal and cancellation form in the appendix for this purpose. If the company has provided this option, the sample withdrawal and cancellation form or another formulated withdrawal declaration can also be filled out and sent electronically on the company’s website. If the consumer submits a withdrawal declaration in this way, the company must immediately send them a confirmation of receipt of the withdrawal declaration on a durable medium within the meaning of § 3 No. 5 FAGG.

• Obligations of the Company upon Withdrawal of the Consumer from the Contract

If the consumer withdraws from a contract according to § 11 para 1 FAGG (corresponds to point 3.1.), the company must refund all payments made by the consumer to the company, including delivery costs where applicable, immediately, but at the latest within 14 (fourteen) days from receipt of the withdrawal declaration. The company must use the same means of payment for the refund that the consumer used for the processing of their payment; however, the use of another means of payment is permissible if this has been expressly agreed with the consumer and the consumer does not incur any costs as a result. If the consumer has expressly opted for a type of delivery other than the cheapest standard delivery offered by the entrepreneur, they have no claim to reimbursement of the additional costs incurred as a result. In the case of purchase contracts and other contracts aimed at the acquisition of goods for a fee, the entrepreneur can refuse the refund until they have either received the goods back or the consumer has provided proof of the return of the goods; this does not apply if the entrepreneur has offered to collect the goods themselves.

• Obligations of the Consumer upon Withdrawal from a Purchase Contract

If the consumer withdraws from a purchase contract or another contract aimed at the acquisition of goods for a fee according to § 11 para 1 FAGG (corresponds to point 3.1.), they must return the received goods to the company immediately, but at the latest within 14 (fourteen) days from the submission of the withdrawal declaration; this does not apply if the company has offered to collect the goods itself. The return period is met if the goods are sent within the period. The direct costs of returning the goods are to be borne by the consumer; this does not apply if the company has agreed to bear these costs or if it has failed to inform the consumer of their obligation to bear the costs. In the case of contracts concluded outside of business premises, where the goods were delivered to the consumer’s home at the time the contract was concluded, the company must collect the goods at its own expense if such goods, by their nature, cannot usually be sent by post. The consumer only has to pay the company compensation for a reduction in the market value of the goods if this loss of value is due to handling of the goods that was not necessary to check the nature, properties, and functionality of the goods. The consumer is in no case liable for a loss of value of the goods if they were not informed by the company about their right of withdrawal according to § 4 para 1 No. 8 FAGG. Other than the payments listed in this provision and any additional costs according to § 14 para 2 FAGG, no other burdens may be imposed on the consumer because of their withdrawal.

• Obligations of the Consumer upon Withdrawal from a Contract for Services or Digital Content (within the meaning of § 3 No. 6 FAGG)

If the consumer withdraws from a contract for services according to § 11 para 1 FAGG (corresponds to point 3.1.) after having declared a request according to § 10 FAGG (corresponds to point 3.9.) and the company has then begun with the fulfillment of the contract, they must pay the company an amount that proportionally corresponds to the services provided by the company until the withdrawal compared to the contractually agreed total price. If the total price is excessive, the amount to be paid proportionally is calculated on the basis of the market value of the services provided. The proportional payment obligation according to sentence 1 does not exist if the company has not fulfilled its information obligation according to § 4 para 1 No. 8 and 10 FAGG. If the consumer withdraws from a contract for the delivery of digital content not stored on a physical data carrier (within the meaning of § 3 No. 6 FAGG) according to § 11 para 1 FAGG (corresponds to point 3.1.), they have no payment obligation for services already provided by the company. Other than the payment listed in sentence 1 of this point, no other burdens may be imposed on the consumer because of their withdrawal.

• Effects of Withdrawal on Accessory Contracts

If the consumer withdraws from the contract according to § 11 para 1 FAGG (corresponds to point 3.1.), the withdrawal also applies to an accessory contract within the meaning of § 3 No. 7 FAGG. Other than the payments listed in §§ 15 and 16 FAGG (corresponding to points 3.5. and 3.6.), no other burdens may be imposed on the consumer as a result.

• Exceptions to the Right of Withdrawal

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

1. services if the company – on the basis of an express request by the consumer according to § 10 FAGG (corresponds to point 3.8.) and a confirmation by the consumer of their knowledge of the loss of the right of withdrawal upon full fulfillment of the contract – had begun with the execution of the service before the expiry of the withdrawal period according to § 11 FAGG (corresponds to point 3.1.) and the service was then fully provided,
2. goods or services whose price depends on fluctuations in the financial market over which the entrepreneur has no influence and which can occur within the withdrawal period,
3. goods that are made to customer specifications or are clearly tailored to personal needs,
4. goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided their seal was removed after delivery,
5. goods that, after their delivery, were inseparably mixed with other goods due to their nature,
6. the delivery of digital content not stored on a physical data carrier (within the meaning of § 3 No. 6 FAGG) if the company – with the express consent of the consumer, combined with their acknowledgment of the loss of the right of withdrawal in the event of an early start of contract fulfillment, and after providing a copy or confirmation according to § 5 para 2 or § 7 para 3 FAGG – has begun with the delivery before the expiry of the withdrawal period according to § 11 FAGG (corresponds to point 3.1.).

• Start of Contract Fulfillment before Expiry of the Withdrawal Period

If a distance contract or a contract concluded outside of business premises has as its object a service, the delivery of water, gas, or electricity not offered in a limited volume or in a specific quantity, or the delivery of district heating, and the consumer wishes the company to begin with the fulfillment of the contract before the expiry of the withdrawal period according to § 11 FAGG (corresponds to point 3.1.), the company must request the consumer to declare an express request directed at this early contract fulfillment – in the case of a contract concluded outside of business premises on a durable medium within the meaning of § 3 No. 5 FAGG.

APPENDIX

Sample Withdrawal and Cancellation Form

Consumers can use the following sample form to exercise their right of withdrawal:

……………………………………………………………………..  …………………………………………………………………..

To:

Anton Bauer GmbH

Neufang 42

3483 Feuersbrunn

(Advance copy) By email: office@antonbauer.at [recommended: with delivery and read receipt]

Dear Sir or Madam,

I(we) hereby withdraw

Name(s) and address(es): _____________________________________________________

_____________________________________________________

according to [Please check!]  § 3 Consumer Protection Act

 § 3a Consumer Protection Act

 Distance and Off-Premises Contracts Act

from the contract concluded by me(us) on [Date] ________________________________

regarding [Goods / Service / Order No.] _______________________________________.

[Place] ________________________________ on [Date] ________________________________

_________________________________

Signature of the consumer(s)

[only for notification on paper]