Consumer Protection Law Amendment Act, 2011 - Kschräg 2011

Original Language Title: Konsumentenschutzrechts-Änderungsgesetz 2011 – KSchRÄG 2011

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22. Federal Act, with which the Consumer Protection Act (KSchG) is amended (Consumer Protection Law Amendment Act 2011-KSchRÄG 2011)

The National Council has decided:

The Consumer Protection Act, BGBl. No. 140/1979, as last amended by the Federal Law BGBl. I No 28/2010, is amended as follows:

(1) The following paragraphs 4 and 5 are added to § 5e:

" (4) Contracts which are negotiated during a call inadmissible pursuant to § 107 (1) TKG 2003 in connection with profit commitments or betting and lottery services are void. Only the consumer can rely on the invalidity of the contract. In the case of benefits provided by the trader in spite of the nullity of such contracts, he or she may not require payment or impairment of value. The consumer may reclaim all payments and services accepted by the trader in breach of this provision.

(5) The withdrawal period referred to in paragraphs 2 and 3 shall begin in the case of contracts relating to services which are negotiated during a call inadmissible pursuant to § 107 (1) TKG 2003, as soon as the entrepreneur begins the provision of the service or, if it will not take the service into account until later, with the first accounting. "

2. The previous text of § 5f receives the sales designation "(1)" ; the following paragraph 2 is added:

"(2) In the cases referred to in paragraphs 1, Z 1, 5 and 7, the consumer shall have a right to withdraw from the contract if the contract is concluded during a call inadmissible pursuant to Section 107 (1) TKG 2003."

(3) In § 41a, the following paragraph (24) is inserted:

" (24) § 5e (4) and (5) as well as § 5f (2) in the version of the Federal Law BGBl. I No 22/2011 will enter into force on 1 May 2011. These provisions shall apply to contracts which are negotiated after 30 April 2011. "