1. information on the right of cancellation pursuant to § 3 of the Consumer Protection Act

Customers who are consumers within the meaning of § 1 of the Consumer Protection Act as amended ("KSchG") and who have not submitted their contractual declaration either in the rooms permanently used by the TVB for its business purposes or at a stand used by the TVB for this purpose at a trade fair or market may withdraw from their contract application or from the contract in accordance with § 3 of the Consumer Protection Act.

This cancellation can be declared up to the conclusion of the contract or thereafter within 14 (fourteen) days. This period begins with the delivery to the customer of a document containing at least the name and address of TVB, the information necessary to identify the contract and instructions on the right of cancellation, the cancellation period and the procedure for exercising the right of cancellation, but no earlier than the conclusion of the contract. If such a document is not handed over, the customer has the right of cancellation for a period of 12 (twelve) months and 14 (fourteen) days from the conclusion of the contract. If the TVB subsequently delivers the document within 12 (twelve) months of the start of the period, the extended cancellation period ends 14 (fourteen) days after the date on which the customer receives the document.

The customer shall not be entitled to the right of cancellation:

• if he himself has initiated the business relationship with the TVB or its agents for the purpose of concluding this contract,
• if the conclusion of the contract was not preceded by discussions between the parties or their authorised representatives, or
• in the case of contracts subject to the Austrian Distance and Off-Premises Selling Act as amended ("FAGG").

The declaration of cancellation is not bound to any particular form, but must be sent to the TVB (for contact details see point 1. General Section of the GTC) by means of a clear declaration (e.g. a letter sent by post or email) of the customer's decision to cancel the contract. To comply with the cancellation period, it is sufficient to send the declaration of cancellation before the expiry of the cancellation period.

 

2. information on the right of cancellation in accordance with § 3a of the Consumer Protection Act

Customers who are consumers within the meaning of § 1 of the Consumer Protection Act may also withdraw from their contract application or from the contract in accordance with § 3a of the Consumer Protection Act if, without their instigation, circumstances relevant to their consent, which the TVB has presented as probable in the course of the contract negotiations, do not occur or only occur to a considerably lesser extent.

Relevant circumstances are

• the expectation of the co-operation or consent of a third party, which is necessary so that the service can be provided by the TVB or used by the customer,
• the prospect of tax advantages,
• the prospect of public funding and
• the prospect of a loan.

Cancellation may be declared within one week. The period begins to run as soon as the customer realises that the above circumstances do not occur or only occur to a significantly lesser extent and the customer has received written notification of this right of withdrawal. However, the right of withdrawal shall expire at the latest 1 (one) month after complete fulfilment of the contract by both contracting parties.

 

3. instruction on the right of cancellation in accordance with the Distance and Off-Premises Transactions Act (goods)

Customers who are consumers within the meaning of Section 1 of the Consumer Protection Act may withdraw from a contract concluded outside of TVB's business premises (Section 3(1) of the Distance and Off-Premises Transactions Act) or from a distance contract (Section 3(2) of the Distance and Off-Premises Transactions Act) within 14 (fourteen) days without giving reasons.

The cancellation period for sales contracts and other contracts for the purchase of goods against payment begins

a) on the day on which the customer or a third party nominated by the customer and not acting as a carrier acquires possession of the goods,
b) if the customer has ordered several goods as part of a single order, which are delivered separately, on the day on which the customer or a third party named by the customer who is not acting as a carrier acquires possession of the last goods delivered,
c) in the case of delivery of goods in several partial consignments, on the day on which the customer or a third party named by the customer who is not acting as a carrier acquires possession of the last partial consignment,
d) in the case of contracts for the regular delivery of goods over a fixed period of time, on the day on which the customer or a third party named by the customer and not acting as a carrier acquires possession of the goods delivered first.

The declaration of cancellation is not bound to any particular form, but must be sent to the TVB (for contact details see point 1 General Section of the GTC) by means of a clear declaration (e.g. a letter sent by post or email) of the customer's decision to cancel the contract. To comply with the cancellation period, it is sufficient to send the cancellation notice before the cancellation period expires.

If the customer cancels the contract, the TVB will send the customer a confirmation of receipt of the cancellation notice on a durable medium immediately after receipt of the cancellation notice. If the customer cancels a contract, the TVB must also refund all payments received by the TVB from the customer, including delivery costs where applicable, without delay and at the latest within 14 (fourteen) days of receipt of the cancellation notice. For this repayment, TVB shall use the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise with the customer. Under no circumstances will the customer be charged any fees for this repayment. If the consumer has expressly opted for a type of delivery other than the most favourable standard delivery offered to us, he shall not be entitled to reimbursement of the additional costs incurred as a result. In the case of purchase contracts and other contracts for the purchase of goods against payment, TVB is entitled to refuse reimbursement until TVB has either received the goods back or the customer has provided proof that the goods have been returned; this does not apply if TVB has offered to collect the goods itself.

If the customer cancels a purchase contract or any other contract for the purchase of goods against payment, the customer must return the goods received to TVB without delay, but at the latest within 14 (fourteen) days of submitting the cancellation notice; this does not apply if TVB has offered to collect the goods itself. The return deadline is deemed to have been met if the goods are dispatched within the deadline. The direct costs of returning the goods shall be borne by the customer.

The customer has no right of cancellation for distance or off-premises contracts

• which are concluded outside of business premises (§ 3 Z 1 Distance and Off-Premises Transactions Act) and for which the payment to be made by the customer does not exceed the amount of EUR 50.00,
• for the delivery of food, beverages or other household items for daily use that are delivered by TVB as part of frequent and regular journeys to the customer's place of residence, place of stay or place of work,
• goods that are manufactured according to customer specifications or are clearly customised to personal requirements,
• goods that can spoil quickly or whose expiry date would be quickly exceeded,
• goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided that the seal has been removed after delivery,
• goods which, due to their nature, have been inseparably mixed with other goods after delivery,
• alcoholic beverages, the price of which was agreed upon conclusion of the contract, but which cannot be delivered earlier than 30 (thirty) days after conclusion of the contract and whose current value depends on fluctuations in the market over which TVB has no influence.