Widerruf

Due to the EU Consumer Rights Directive, consumers have the right to withdraw from distance selling in all EU member states. The EU directive only applies to contracts between entrepreneurs and consumers (B2C) and gives the consumer certain rights that are fully harmonized, unless otherwise provided in the individual provisions of the directive. In other words, the individual member states cannot, in principle, stipulate stricter or less stringent regulations. In Austria, the consumer rights directive was mainly implemented in the form of the Distance and Foreign Business Act (FAGG). Some provisions were inserted directly into the Consumer Protection Act (KSchG). The guideline does not apply to B2B transactions. There is therefore no such statutory right of withdrawal in the B2B area. Withdrawal or revocation? Both terms mean the same thing. While the consumer rights guideline uses the internationally customary term "withdrawal", the Austrian FAGG speaks of "withdrawal". This becomes noticeable in the sample cancellation policy and the sample cancellation form, both of which were published in an appendix to the FAGG. While the FAGG itself speaks of “withdrawal”, the samples use the term “revocation”. The reason for this is that the patterns should also be able to be used in Germany.

How long can the consumer withdraw (Section 11 (1) FAGG)? The withdrawal period for distance contracts (not only online shops) is 14 calendar days. Within this period, the consumer can therefore withdraw from such contracts without giving reasons and largely at no cost. Attention: the 14-day

The withdrawal period is fully harmonized across the EU! Neither a longer nor a shorter withdrawal period can therefore be legally stipulated. This period can of course be contractually extended, but in no way shortened. When does the withdrawal period begin (Section 11 (2) FAGG)? For sales contracts with the day on which the consumer or a third party named by the consumer who is not acting as a carrier has physical possession of the goods or if the consumer or this third party has ordered several goods as part of a single order, which are delivered separately, with the day of receipt of the last goods, in the case of delivery of goods in several partial shipments or pieces, with the day on which the consumer or this third party takes possession of the last

on delivery of goods in the rights or in pieces, with the day, in possession of the last parts or the last pieces, in the case of contracts for the proper delivery of goods for a certain period of time beginning with the day one of the consumers who owns this belongs to the possession of the first goods. In the case of contracts for the supply of water, gas, electricity or district heating, on the day the contract is concluded. The day on which the period begins is not to be counted.

The day on which the period begins (receipt of the goods) is not to be counted. Attention: The regulations also apply if the contract relates to both the delivery of goods and services. In this case, too, the period begins with the receipt of the goods by the consumer. Attention: The consumer can express his withdrawal in advance, namely from his own declaration of contract (order), and does not have to wait for the entrepreneur to accept this order; The contract is only concluded with the acceptance of this order. Can the deadline be extended (§ 12 FAGG)? The withdrawal period is automatically extended by 12 months if the entrepreneur fulfills his information obligations on the right of withdrawal according to § 4 Paragraph 1 Z 8 FAGG (instruction on the existence, the conditions, the deadlines and the procedure for exercising the right of withdrawal, with the provision of the legal template Cancellation form) does not comply. The extended withdrawal period is therefore 12 months and 14 days. If the instruction is made up within the 12 months, the period ends 14 days after receipt of this information. What must be instructed about the right of withdrawal? The entrepreneur must inform the consumer about the existence of the right of withdrawal by providing the model withdrawal form the fact that there is a right of withdrawal the conditions of the right of withdrawal the deadlines for the right of withdrawal

and how to proceed when asserting the right of withdrawal. If the entrepreneur wants to charge the consumer with the costs of returning the goods in the event of withdrawal, he must also inform about this obligation to bear the costs. In the case of goods that, due to their nature, are usually not sent by post, the specific amount of the return costs must also be stated. If there is no right of withdrawal at all (see below, “No right of withdrawal also applies to”), information must even be given. When and how do you have to be instructed about the right of withdrawal (§§ 4 and 7 FAGG)? The instruction (as well as the provision of all other information according to § 4 Paragraph 1 FAGG) must in any case be given before the conclusion of the contract or the contract declaration (order) by the consumer. This in a clear and understandable form in a manner adapted to the specific means of remote communication selected. In this phase, it is sufficient to simply provide the information (e.g. on the website). However, the information can already be made available (readable!) On a permanent data carrier at this point in time. These information obligations of the entrepreneur are also fulfilled, 

if the entrepreneur has correctly filled out the legal sample cancellation policy and sent it to the consumer. A sample withdrawal must also be made available to the consumer. The model cancellation policy and the model cancellation were published in the Federal Law Gazette as an appendix to the FAGG (see appendices 1 and 2 in this document). Subsequently, the entrepreneur must provide the consumer - within a reasonable period after the conclusion of the contract, at the latest at the same time with the delivery of the goods - with a confirmation of the concluded contract including instructions on how to withdraw and numerous other information (cf. § 4 Paragraph 1 FAGG) on a permanent data carrier put. This can be omitted if this information, as just described, has already been made available to the consumer on a permanent data carrier beforehand.