revocation

Due to the EU Consumer Rights Directive, consumers in all EU member states have a right of withdrawal in distance selling transactions. The EU directive applies only to contracts between businesses and consumers (B2C) and grants consumers certain rights which, unless otherwise provided in the individual provisions of the directive, fully harmonized This means that individual member states cannot, in principle, provide for stricter or less strict regulations. In Switzerland, the Consumer Rights Directive was primarily implemented in the form of the Distance and Off-Premises Sales Act (FAGG). Some provisions were directly incorporated into the Consumer Protection Act (KSchG).

The directive does not apply to B2B transactions. Therefore, there is no such statutory right of withdrawal in the B2B sector.

Withdrawal or cancellation?

Both terms mean the same thing. While the Consumer Rights Directive uses the internationally accepted term "withdrawal," the Austrian Distance Selling Act (FAGG) refers to "cancellation." This is noticeable in the model cancellation policy and the model cancellation form, both of which are published in an annex to the FAGG. While the FAGG itself uses "cancellation," the models use the term "withdrawal." The reason for this is that the models are also intended to be used in Germany.

How long does the consumer have to withdraw from the contract (§ 11 para. 1 FAGG)?

The cancellation period for distance contracts (not just online shops) is 14 calendar days. Within this period, consumers can therefore withdraw from such contracts without giving reasons and largely without incurring costs. Personalized items are excluded!

When does the withdrawal period begin (§ 11 para. 2 FAGG)?

In the case of purchase contracts, the date on which the consumer or a third party designated by the consumer, who is not acting as a carrier, acquires physical possession of the goods is decisive.

or

• If the consumer or this third party has ordered several goods as part of a single order that are delivered separately, the period begins on the day the last item is received.
• In the case of delivery of goods in several partial shipments or pieces, the period begins on the day on which the consumer or that third party takes possession of the last partial shipment or the last piece.
• In the case of contracts for the regular delivery of goods over a defined period (e.g. magazine subscription), the period begins on the day on which the consumer or that third party takes possession of the first goods.

For contracts for the supply of water, gas, electricity (each in unlimited volume or quantity) or district heating, the period begins on the day the contract is concluded.

The day the period begins (receipt of the goods) is not to be included in the calculation.

Can the deadline be extended (§ 12 FAGG)?

The withdrawal period is automatically extended. to 12 months , if the entrepreneur Information obligations The seller fails to comply with the right of withdrawal pursuant to Section 4 Paragraph 1 Item 8 of the Distance Selling Act (FAGG) (information on the existence, conditions, deadlines and procedure for exercising the right of withdrawal, including the provision of the statutory model withdrawal form). The extended withdrawal period is therefore 12 months and 14 days. If the required information is provided within these 12 months, the period ends 14 days after receipt of this information.

What information must be provided regarding the right of withdrawal?

The entrepreneur must inform the consumer of the existence of a right of withdrawal by providing the model withdrawal form.

• the fact that a right of withdrawal exists
• the conditions of the right of withdrawal
• the deadlines for the right of withdrawal and
• how to proceed when exercising the right of withdrawal.

Does the entrepreneur want to bear the costs of returning the goods in the event of a cancellation? If the consumer is to be charged for return shipping, the seller must also inform them of this obligation to bear the costs. If the goods are not typically sent by mail due to their nature, the specific amount of the return shipping costs must also be stated. If there is no right of withdrawal at all (see below, "There is also no right of withdrawal in the case of"), this must also be stated.

When and how must information about the right of withdrawal be provided (§§ 4 and 7 FAGG)?

The instruction (as well as the provision of all other information pursuant to Section 4 Paragraph 1 of the Distance Selling Act (FAGG)) must be given before the conclusion of the contract or the consumer's declaration of intent (order). This must be done in a clear and comprehensible form, adapted to the specific means of distance communication chosen. At this stage, simply making the information available (e.g., on the website) is sufficient. However, the information can also be provided (in a legible format!) on a durable medium at this point. These information obligations of the business are also fulfilled if the business has correctly completed and sent the statutory model cancellation notice to the consumer. A model cancellation form must also be provided to the consumer. The model cancellation notice and the model cancellation form were published in the Federal Law Gazette as an annex to the FAGG (see Annexes 1 and 2 in this document).

Subsequently, the trader must provide the consumer with confirmation of the concluded contract, including information on the right of withdrawal and numerous other details (see Section 4 Paragraph 1 FAGG), on a durable medium within a reasonable period after the conclusion of the contract, and at the latest simultaneously with the delivery of the goods. This requirement can be waived if this information, as described above, has already been provided to the consumer on a durable medium.