Rights and consequences of rescission for consumers where contracts are formed in distance selling transactions pursuant to KSchG or FAGG

The following section shall apply to contracts on the basis of these GTCs for delivery of data not contained on a physical data storage medium, which are created and provided in digital form (“digital content”), such as downloads of software, computer programmes, applications (apps), games, music, videos or texts.

Pursuant to Sec. 18 (1) FAGG, it is, in particular, noted that the consumer shall have no right of rescission when entering into contracts for the delivery of digital content not stored on a physical data storage medium, such as software for downloading, where – with the express consent of the consumer, together with the consumer’s acknowledgment of his or her loss of the right of rescission in the event of premature commencement of contract performance and after a counterpart or confirmation has been provided under Sec. 5 (2) FAGG or Sec. 7 (3) FAGG – the entrepreneur has commenced to effect the supply of the product before expiry of the rescission period under Sec. 11 FAGG.

Thus, in cases in which digital content is being supplied, the Customer must at the time of forwarding his order from the basket, consent expressly to our performance of the contract. In addition, the Customers must simultaneously confirm that they have acknowledged that they shall lose their right of rescission upon our commencement of contract performance.