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.
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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.