General information on the right of withdrawal
Caution
In general, these rules also apply to entrepreneurs from EU Member States in Austria.
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)
Responsible for the content: Federal Ministry of Justice
