The Right of Withdrawal in Austria (FAGG): Rules for Online Sellers

If your online store sells to consumers in Austria, the right of withdrawal applies to most of your distance contracts. This cooling-off right comes from the EU Consumer Rights Directive 2011/83/EU, which Austria has transposed through the Fern- und Auswärtsgeschäfte-Gesetz (FAGG), its distance and off-premises contracts act. This guide explains how it works for a seller shipping into the Austrian market.

An EU right, applied through the FAGG

The Consumer Rights Directive harmonises the withdrawal right across the EU, and each member state transposes it nationally. Austria’s transposition is the FAGG. The core right is the same as elsewhere in the EU; what is national is the statute, the enforcement context and the German language Austrian consumers expect. For the underlying rules, see our right of withdrawal law page and the complete withdrawal guide.

The 14-day cooling-off period

For most goods bought online, the Austrian consumer has 14 days to withdraw from the contract without giving a reason. For a contract of sale, that period generally runs from the day the consumer takes physical possession of the goods — that is, from delivery rather than from the order. Where an order arrives in several parts, the period usually starts from receipt of the last item.

Missing information extends the period

The 14 days assume you told the consumer clearly about their withdrawal right. If you did not, the FAGG follows the directive in extending the period by up to 12 months. Supplying the information later starts the standard 14 days from that point. Clear, up-front withdrawal information therefore keeps the cooling-off window short.

The model withdrawal form

The directive provides a model withdrawal form, and the FAGG reflects this. You must make the form available to consumers, although they may withdraw by any clear statement rather than using it. For Austrian customers, provide the form and your withdrawal information in German so it is genuinely accessible.

Refunds within 14 days

When a consumer withdraws, you must reimburse all payments received, including the standard cost of delivery, within 14 days. A few points to remember:

• You refund the standard delivery charge, but not the extra cost of any premium delivery the consumer chose.
• You may withhold the refund until you receive the goods back, or the consumer proves they have sent them.
• Refund using the same means of payment the consumer used, unless they agree otherwise.

Exceptions to the right

The FAGG follows the directive’s list of exceptions. Common examples include goods made to the consumer’s specifications or clearly personalised, goods that are perishable or likely to deteriorate quickly, and sealed hygiene or health goods that have been unsealed after delivery. If you sell such items, make the position clear to customers before they buy.

The proposed EU withdrawal button

The European Commission has proposed a standardised “withdrawal button” that would let consumers exercise this right online through a single clear control. This is currently a proposal and is not yet binding, so there is no obligation to add a specific button today. It is worth monitoring, as it may become a formal requirement in future.

A practical checklist for Austrian sales

• Tell consumers clearly about the 14-day withdrawal right before they order.
• Make the model withdrawal form available in German.
• Refund within 14 days, including standard delivery costs.
• Flag any products that fall under the exceptions before purchase.

For more on the market, see our Austria country page. Because national specifics can change, treat the details here as a qualitative starting point and confirm the current position with the relevant Austrian authority before relying on it.

This article is educational, not legal advice.