Withdrawal Rights According to the Consumer Protection Act

Wiener Börse AG would like to point out that the services provided under this contract are online services, which are consumed immediately and for this reason the consumer does not have the right to withdraw from the contract according to the Consumer Protection Act regarding distance selling contracts.

Attached you will find general information on whether or not the right of withdrawal according to the Consumer Protection Act applies.

§ 5e. (1) Consumers have the right to withdraw from a distance selling contract or a contractual commitment under a distance selling arrangement up until the end of the periods defined in paragraph 2 and 3. It shall suffice to send the notice of withdrawal within the period defined.
(2) The period of withdrawal shall be seven workdays, with Saturday not being considered a workday. In the case of contracts for the delivery of goods, the period starts on the day the consumer receives the goods, and in the case of contracts for the provision of services, it starts on the day the contract is entered into.
(3) If the firm fails to meet its disclosure obligations according to § 5d par. 1 and 2, the period of withdrawal shall be three months as of the times stated in paragraph 2. If the firm complies with its disclosure obligations within the prescribed period, the period of the right of withdrawal stated in paragraph 2 starts as of the time the information has been transmitted by the firm.

§ 5f. Consumers shall not have the right to withdraw from a contract if it is for 1. services which are agreed with the consumer to commence within seven days of the conclusion of the contract (§ 5e par. 2 first sentence);
2. Goods or services whose price depends on the development of exchange rates or prices on financial markets on which the firm has an influence;
3. Goods manufactured according to a customer’s specifications which are clearly designed to meet the personal needs of the consumer and due to their nature are not suitable for being returned, or are perishable or whose expiry date is over;
4. Audio or video recordings or software if the seal has been opened by the consumer;
5. Newspapers, periodicals and magazines with the exception of contracts on periodic, printed materials (§ 26 par. 1 fig. 1);
6. Betting and lottery services; and
7. Home deliveries or leisure time services (§ 5c par. 4 Z 1 and 2).

§ 5g. (1) If a consumer withdraws from the contract in accordance with § 5e, the firm shall against delivery of the object of the contract 1. refund the consumer any payments made and reimburse the consumer for any necessary and useful modifications to the object of the contract and
2. the consumer shall return the object of the contract received and shall pay the firm an equitable fee for the use, including a compensation for any impairment in the fair value of the object of the contract; the acceptance of the object of the contract having passed into the custody of the consumer shall not in itself be deemed to impair the value.
(2) The only costs that may be charged to the consumer are the direct costs of sending insofar as this has been agreed on with the parties. (3) § 4 par. 2 and 3 shall apply.

§ 4. (1) If a consumer withdraws from the contract in accordance with § 3 or 3a 1. the firm shall against delivery of the object of the contract refund the consumer any payments made including any statutory interest running as of the day of receipt and reimburse the consumer for any necessary and useful modifications to the object of the contract;
2. the consumer shall return the object of the contract received and shall pay the firm an equitable fee for the use, including compensation for any impairment in the fair value of the object of the contract; the acceptance of the object of the contract having passed into the custody of the consumer shall not in itself be deemed to impair the value.
(2) If it is impossible or impractible to return the object of the contract already delivered by the firm, the consumer shall reimburse the firm its value in so far as the delivery has clearly brought the consumer a greater benefit for his or her purposes.
(3) Paragraphs 1 and 2 shall not affect claims for compensation of damages.