right of withdrawal

Elimination of the right of withdrawal (§ 18 Para. 1 Z 11 FAGG)

In the case of the provision of digital content (e.g. downloads), the right of withdrawal expires when the entrepreneur has started to fulfill the contract.

Enter the TAN code in the app

If the consumer is obliged to make a payment, the right of withdrawal only lapses if

• if the consumer has expressly agreed to the start of performance of the contract before the end of the withdrawal period and
• the consumer has confirmed that he is aware that he will lose his right of withdrawal if he starts performance of the contract prematurely, and
• if the entrepreneur has provided the consumer with a confirmation of the contract.

The confirmation must be made at the latest before the start of the service provision. It must contain a confirmation of the concluded contract on a durable medium (paper, e-mail) as well as all information obligations of § 4 Para. 1 FAGG. The information of § 4 Para. 1 FAGG can also be made available beforehand on a permanent data medium. The confirmation must also contain confirmation of the consent to the immediate start and confirmation of the consumer's acknowledgment of the loss of the right of withdrawal.