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).
Since contracts are concluded exclusively with entrepreneurs, no consumer right of withdrawal exists; a separate waiver declaration is therefore not required. By concluding the order — including confirmation of the Terms and the withdrawal information — the customer agrees to the immediate provision of the digital content. Should a consumer transaction nevertheless exist in an individual case, this confirmation simultaneously constitutes an express request for immediate execution; the right of withdrawal then lapses pursuant to § 18 (1) no. 11 FAGG / § 356 (5) BGB.
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 [email protected]
- 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).