Withdrawal Information & FAGG § 18 Waiver
Note: Contracts with entrepreneurs only
Compliance-Kit (Ens Naturale e.U.) sells exclusively to entrepreneurs within the meaning of § 1 KSchG (Austria) or § 14 BGB (Germany). A statutory consumer right of withdrawal under FAGG (Distance and Off-Premises Contracts Act) does not exist for entrepreneurs.
Instead of a consumer withdrawal right, the Provider grants B2B customers a 60-day money-back guarantee for legally proven incorrect template content. Details and conditions in Terms § 8 (Money-back guarantee) and Terms § 9 (Withdrawal).
1. No consumer right of withdrawal under FAGG
Compliance-Kit is offered exclusively to entrepreneurs within the meaning of § 1 UGB (Austria) or § 14 BGB (Germany).
Contracts with consumers (§ 1 (1) Z 2 KSchG or § 13 BGB) are not concluded. Therefore there is no statutory right of withdrawal under FAGG (Austria) or §§ 312g, 355 BGB (Germany).
2. FAGG § 18 lapse of withdrawal right (in the alternative)
In the alternative, in the case a customer nevertheless asserts consumer status, the following applies:
The right of withdrawal under § 11 FAGG (or § 356 (5) BGB) lapses in contracts on the supply of digital content not delivered on a tangible medium (e.g. PDF templates, Excel templates, e-learning access) where:
- execution has begun with the consumer's express consent before expiry of the withdrawal period, AND
- the consumer has acknowledged that they thereby lose their right of withdrawal
(§ 18 (1) Z 11 FAGG / § 356 (5) BGB).
Consent is obtained in the checkout form via the mandatory checkbox:
Waiver in checkout:
☐ "I expressly request the immediate provision of the digital content before expiry of the withdrawal period and acknowledge that I thereby lose my right of withdrawal."
Without ticking this checkbox, no delivery occurs. With the conclusion of the order, the customer actively confirms agreement to immediate provision and waives the right of withdrawal.
3. Money-back guarantee per Terms § 8 (B2B)
Instead of a consumer withdrawal, the Provider grants B2B customers a contractual money-back guarantee in the case that template content proves to be legally provable incorrect.
Requirements (short version):
- Defect notification within 60 days from the delivery date by email to office@compliance-kit.eu
- Substantiated defect justification, confirmed by a letter from an attorney licensed in the EU or a written statement from a competent supervisory authority (e.g. BfDI, DSB, EDÖB, BSI)
- The defect concerns an objectively incorrect or unlawful content statement — not a mere adaptation recommendation or stylistic question
Legal consequence: Refund of the full purchase price plus demonstrably incurred consequential costs up to the amount of the purchase price (so in total no more than 2× the purchase price). Processing within 14 business days after receipt of the complete defect notification.
Full conditions, exclusions and procedures in Terms § 8 (Money-back guarantee).