The following terms and conditions were quoted by the Austrian Business Service Portal, source:  Allgemeines zum Rücktrittsrecht (usp.gv.at)

​

Consumers from Austria can withdraw from a distance contract concluded with an entrepreneur – i.e. also in the case of online shops – within a certain period of time. Entrepreneurs (according to the applicable Consumer Protection Act) include, for example, associations or legal entities under public law (e.g. federal, state, municipal authorities, statutory professional associations).

​

​

General information on the right of withdrawal

source: General information on the right of withdrawal (usp.gv.at)

Consumers from Austria can withdraw from a contract concluded with an entrepereneur at a distance – i.e. including those concluded with online shops – within a certain period.The term entrepreneur (as per the applicable Austrian Consumer Protection Act) also describes, for example, associations or legal persons under public law (e.g. national, provincial, municipal, legal professional representatives).

A contract concluded at a distance (distance contract) exists where the simultaneous physical presence of the contracting parties is not required for the conclusion of the contract, such as in the case of a contract concluded via the internet or by telephone. A prerequisite is that the trader has an organised sales or service-provision scheme, e.g. a website, and that only means of distance communication (letters, internet, fax, telephone) are used up to and including the moment at which the contract comes into being.

It is sufficient for the withdrawal if the declaration of withdrawal is sent within that period. It is not necessary to give reasons for the withdrawal.

The right to withdraw also applies for contracts governing the distance selling of medicines and medical products. These do however differ from other health services for which the Distance and Off-Premises Contracts Act applies.

Furthermore, a de minimis limit is applied: If the consideration to be paid by the consumer amounts to 50 Euro or less, there is no right to withdraw from contracts agreed outside the business premises. The Distance and Off-Premises Contracts Act as a whole is not applicable to such contracts.

​

Please note: To protect against unsolicited sales phone calls ("cold-calling"), there are special requirements for contracts concludes bey telephone applicable to services negotiated during a phone call initiated by the company.

For more information about special Information requirements towards consumers and special rules for distance transactions and transactions negotiated away from business premises (off-premises contracts) please visit USP.gv.at.

Further links: E-commerce, distance and off-premises selling (→ Your Europe)

Legal basis: Fern- und Auswärtsgeschäfte-Gesetz (FAGG)

​

​

Withdrawal period

source: Withdrawal period (usp.gv.at)

The withdrawal period is 14 days. The consumer does not have to give reasons for his/her withdrawal.

The withdrawal period begins

• in the case of service contracts, on the day on which the contract is concluded

• in the case of sales contracts and other contracts for the acquisition of goods for valuable consideration,

  • on the day on which the consumer takes possession of the goods.

  • if the consumer has ordered several goods within a single order that are delivered separately, on the day on which the consumer takes possession of the goods last delivered.

  • if goods are delivered in several partial shipments, on the day on which the consumer takes possession of the last partial shipment.

  • in the case of contracts for the regular delivery of goods over a fixed period, on the day on which the consumer takes possession of the goods first delivered.

In each of the cases listed above, the withdrawal period also begins to run if a third person designated by the consumer takes possession of the goods. However, this is subject to the condition that the third person was not acting as carrier of the goods.

• In the case of a contract for the supply of water, gas or electricity, district heating, where they are not put up for sale in a limited volume or set quantity, or the delivery of software (e.g. computer games, music, apps, texts from the internet) – provided that it is not stored on a tangible medium (e.g. DVD, CD) – on the day on which the contract is concluded.

A longer withdrawal period can be agreed, but it is not possible to shorten the period.

​

Please note:The day on which the goods are taken into possession is not counted in the 14-day withdrawal period. In the case of contracts for which the withdrawal period begins on the day on which the contract is concluded, that day is not to be counted either.

The withdrawal period is 12 months and 14 days (extended withdrawal period) if the online shop operator has not informed the consumer of the existence of a right of withdrawal.

If the online shop operator subsequently provides the information within 12 months – calculated from the day on which the withdrawal period would have begun had the information requirements been complied with – the consumer can withdraw within 14 days of the day upon which he/she receives that information.

​

The online shop operator must therefore inform the consumer of the existence of a right of withdrawal, the conditions of withdrawal, the withdrawal periods and the procedure in the case of a withdrawal. The consumer must also be provided with the model withdrawal form (→ RIS)German text.

​

The consumer must be provided with the aforementioned information (e.g. by making it available on the website) prior to the conclusion of the contract or the declaration of acceptance of the contract (order). However, it should be noted that, amongst other things, the information on withdrawal must be made available on a durable medium (e.g. paper, email) within a reasonable period of time after the conclusion of the contract, and no later than at the same time as the delivery of the goods. The website itself is not regarded as a durable medium, as it can be changed at any time.

Legal basis: Fern- und Auswärtsgeschäfte-Gesetz (FAGG)

​

​

Exercising the right of withdrawal

source: Exercising the right of withdrawal (usp.gv.at)

The consumer’s declaration of withdrawal from the contract does not require a particular form. This means that a declaration of withdrawal made via SMS or telephone call is also valid. It is also possible for the withdrawal from the contract to be declared by means of the model withdrawal form | Part B (→ RIS)German text. It is sufficient if the declaration of withdrawal is sent within the prescribed period.

The consumer does not have to give reasons when declaring his/her withdrawal.

If the withdrawal from the contract is declared by letter, it is sufficient if the letter was posted at the post office within the withdrawal period. This is the case irrespective of whether the declaration of withdrawal is not received by the online shop operator until after the 14-day withdrawal period has expired.

It is, however, more advisable to always make a declaration of withdrawal in writing, for example by means of a letter (keeping a record of the postmark noting the date on which the letter was posted), email or SMS. It is advisable to keep a record of the declaration of withdrawal in order to be able to prove that the withdrawal was implemented in a timely manner.

If the consumer is supplied with unsolicited goods (provided that this is not due to an error) by a trader, they do not have to be paid for. The unsolicited goods can also be kept or simply discarded; the consumer is not obliged to return them. In the case of an erroneous dispatch, however, the consumer must inform the trader or return the goods to him/her.

Legal basis: Fern- und Auswärtsgeschäfte-Gesetz (FAGG)

​

​

Obligations of the online shop operator in the event of withdrawal by the consumer

source: Obligations of the online shop operator in the event of withdrawal by the consumer (usp.gv.at)

If the consumer withdraws from the contract, the online shop operator must reimburse all the payments made by the consumer (including delivery costs) without undue delay (at the latest within 14 days of receiving the declaration of withdrawal).

The online shop operator must use the same means of payment for the reimbursement as that used by the consumer for the payment. This means that reimbursement of the payment in the form of vouchers, for example, is not possible unless the consumer had paid using vouchers.

Another means of payment (e.g. vouchers) can also be agreed between the consumer and the online shop operator for the repayment of payments made. However, this is subject to the condition that the consumer does not incur any additional costs as a result.

In the case of sales contracts and other contracts for the acquisition of goods for valuable consideration, the online shop operator may withhold the reimbursement until he/she

• has either received the goods back

• or the consumer has supplied him/her with evidence of having sent the goods back.

This does not apply if the online shop operator has offered to collect the goods himself/herself.

Legal basis: Fern- und Auswärtsgeschäfte-Gesetz (FAGG)

 

​

Withdrawal from the sales contract by the consumer

source: Withdrawal from the sales contract by the consumer (usp.gv.at)

 

If the consumer withdraws from a sales contract or other contract for the acquisition of goods for valuable consideration, he/she must return the goods to the online shop operator without undue delay (and in any event not later than 14 days from the day on which he/she communicated the declaration of withdrawal). This does not apply if the online shop operator has offered to collect the goods himself/herself. The deadline for returning goods is deemed to have been met if the goods have been sent back before the period has expired.

The direct costs of sending the goods back must be borne by the consumer. This does not apply if the online shop operator has agreed

• to bear those costs or

• if he/she failed to inform the consumer of his/her obligation to bear the costs.

The consumer must only pay compensation to the online shop operator for any reduction in the market value of the goods if the loss in value results from the handling of the goods other than what is necessary to ascertain the nature, characteristics and functioning of the goods. For the consumer, this means that he/she will only be liable for compensation if the goods are used beyond the extent necessary for an inspection and a loss of value occurs as a result. The mere removal of the goods from their packaging and the initial use of those goods in order to determine whether they are fit for use does not render the consumer liable for compensation under any circumstances.

If an item of clothing is ordered, for example, the consumer may only try it on, but not wear it. Electrical devices may be put into operation in order to test their functional capability. Any use of the electrical device for purposes other than to test the mere functional capability of that device may render the consumer liable for compensation if this results in a loss of value of the goods.

The consumer is not liable for a loss of value if the online shop operator has not informed him/her of the existence of a right of withdrawal.

​

There is no right of withdrawal in the case of, inter alia:

• goods for which the price is dependent on fluctuations in the financial market which may occur within the withdrawal period

• goods made to the consumer’s specifications or personalised for the consumer

If the consumer is supplied with unsolicited goods (provided that this is not due to an error) by a trader, they do not have to be paid for. The unsolicited goods can also be kept or simply discarded; the consumer is not obliged to return them. In the case of an erroneous dispatch, however, the consumer must inform the trader or return the goods to him/her.

Further links: Verein für Konsumenteninformation (→ VKI) German text

Legal basis: Fern- und Auswärtsgeschäfte-Gesetz (FAGG)

​

Severability Clause

If a provision of these terms and conditions should be ineffective, the validity of all other provisions will not be affected. Instead of the ineffective provision, this effective provision is deemed to have been agreed, which comes closest to the purpose that was originally intended.