Withdrawal Information & FAGG § 18 Waiver
Contracts exclusively with entrepreneurs. Compliance-Kit (Ens Naturale e.U.) concludes contracts exclusively with entrepreneurs within the meaning of § 1 of the Austrian Consumer Protection Act (KSchG) or § 14 of the German Civil Code (BGB). Entrepreneurs have no statutory right of withdrawal under the Austrian Distance and Off-Premises Contracts Act (FAGG). Terms § 9 (No right of withdrawal) applies in addition.
1. No consumer right of withdrawal under the FAGG
Compliance-Kit is addressed exclusively to entrepreneurs within the meaning of § 1 KSchG (Austria) or § 14 BGB (Germany).
Transactions which a natural person concludes before starting the operation of their business in order to create the conditions for it do not yet form part of that business under § 1(3) KSchG; the Provider does not accept such orders.
Contracts with consumers (§ 1(1) no. 2 KSchG or § 13 BGB) are not concluded. There is therefore no statutory right of withdrawal under the FAGG (Austria) or under §§ 312g, 355 BGB (Germany).
When placing the online order in the ordering process, the Customer confirms that it is acting as an entrepreneur in the exercise of its commercial or independent professional activity.
2. Expiry of the right of withdrawal for digital content (in the alternative)
The Provider does not accept orders from consumers. Should a contract with a consumer nevertheless be concluded, the mandatory statutory provisions apply (§ 2 FAGG). In the alternative, the following applies in that case:
For contracts for the supply of digital content not supplied on a physical data carrier — such as document templates or e-learning courses as a file for download —, the right of withdrawal under § 11 FAGG lapses pursuant to § 18(1) no. 11 FAGG only if the Provider has begun performance and
- the consumer has expressly consented to performance beginning before the withdrawal period expires,
- the consumer has confirmed that they acknowledge losing the right of withdrawal as a result of performance beginning early, and
- the Provider has provided the consumer with a copy or confirmation under § 7(3) FAGG.
Where German law applies, the right of withdrawal expires under the corresponding conditions of § 356(6) no. 2 BGB; these include the Provider having provided the consumer with a confirmation under § 312f BGB.
3. Order and conclusion of contract
Orders are placed online in the ordering process on the website with payment by card or SEPA direct debit via Stripe, or by bank transfer against invoice. When ordering, the Customer confirms that it is acting as an entrepreneur and states its VAT identification number. When the contract is concluded depends on the payment method chosen (Terms § 3(3)). The Provider makes the download link available within 48 hours of receipt of payment (working days; details in Terms § 4(2)).
Questions and requests for a custom quote via the contact form or by e-mail are non-binding. They are not an order and do not trigger any payment obligation.
Details of the process are set out in Terms § 3 (Conclusion of contract).
4. Questions about this information
Please address questions about this information to office@compliance-kit.eu.
This page provides information on the legal position in the contractual relationship with the Provider. It is not legal advice.