This page informs consumers about the right of withdrawal from off-premises and distance contracts with Wenexus Consulting GmbH under the Austrian Distance and Off-Premises Contracts Act (FAGG). It supplements our General Terms and Conditions (AGB) and contains the statutory model withdrawal form (Muster-Widerrufsformular).
Wenexus Consulting GmbH Fleischmarkt 14, Office 5a 1010 Vienna, Austria Email: office@wenexus.at
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day the contract was concluded. To exercise your right of withdrawal, you must inform us by an unambiguous statement (e.g. a letter sent by post or an email) of your decision to withdraw from this contract. You may use the model withdrawal form below, although it is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse all payments received from you without undue delay and no later than fourteen days from the day on which we received notification of your withdrawal. For this reimbursement, we will use the same means of payment you used for the original transaction, unless expressly agreed otherwise with you; in any event, you will not be charged any fees as a result of such reimbursement. If you expressly requested that the service begin already during the withdrawal period and you nevertheless withdraw, you must pay us a reasonable amount corresponding to the proportion of the service already provided up to the point in time at which you notified us of the withdrawal, compared with the full scope of the service agreed in the contract (§ 16 Abs 1 FAGG).
Early expiry of the right of withdrawal
In the following cases, your right of withdrawal expires early.
Digital content not supplied on a tangible medium (§ 18 Abs 1 Z 11 FAGG) — applies, for example, to calculation reports (Profit-Calc), applications and supporting documents (RWR+, Premium, Leasing, SVS, vehicle re-registration, notarial powers of attorney, Ukraine documents, CRS exchange) that we provide to you digitally. The right of withdrawal expires once we have begun performance, provided you previously gave express consent for us to begin performance before the withdrawal period expired, acknowledged that you would thereby lose your right of withdrawal, and we provided you with confirmation of that consent in accordance with § 7 Abs 3 FAGG. If you withdraw in time, before performance has begun, you owe nothing (§ 16 Abs 3 FAGG).
Services (§ 18 Abs 1 Z 1 FAGG) — applies to individual consulting engagements and other custom orders (e.g. ongoing consulting support). The right of withdrawal expires only once the service has been FULLY performed, provided performance began with your express consent before the withdrawal period expired and you acknowledged that you would thereby lose your right of withdrawal. If you withdraw while a service is ongoing, the proportionate-payment obligation under § 16 Abs 1 FAGG applies (see above).
Leisure events with a fixed date (§ 18 Abs 1 Z 10 FAGG) — applies to services related to leisure activities where the contract provides for a specific date or period. In this case, no right of withdrawal exists by law from the outset.
After an effective withdrawal, you may no longer use any digital content or other results of the service already provided, and may not make them available to third parties (§ 16 Abs 5 FAGG).
Model withdrawal form (Muster-Widerrufsformular)
Complete and return only if you wish to withdraw from the contract. The official/binding form is the German one.
To: Wenexus Consulting GmbH, Fleischmarkt 14/Office 5a, 1010 Vienna, office@wenexus.at I/We (*) hereby withdraw from the contract concluded by me/us (*) for the provision of the following service (*): _______________________________________________ Ordered on (*) / received on (*): __________________ Name of consumer(s): ______________________ Address of consumer(s): ____________________ Date: __________________ Signature (only if notified on paper): __________ (*) Delete as appropriate.