Right of Withdrawal for Digital Content

Disclaimer: The template below was prepared by an attorney (https://drschwenke.de) in accordance with the typical requirements of an online store. However, you should only use this template after carefully reviewing and adapting it to your specific business model. The template below therefore contains additional notes that you must take into account, as well as passages highlighted in red that you must review carefully and adapt as necessary. Please remove these notes after editing. If in doubt, seek legal advice. Copyright: You may use the template within your domain/website as long as your Marketpress license remains valid for that domain/website. Sharing it with third parties, including customers (e.g., as developers), is not permitted.

Notice of Right of Withdrawal for a Contract for the Supply of Digital Content Not Supplied on a Tangible Medium
Cancellation policy
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.

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 date the contract is concluded. To exercise your right of withdrawal, you must notify us ([Insert: Name/Company, Address, Phone Number, and Email Address. You can also use the shortcode for this purpose and save the address in your settings.]) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by mail or an email). You may use the attached sample withdrawal form for this purpose, though this is not required. To meet the withdrawal deadline, it is sufficient for you to send the notification of your exercise of the right of withdrawal before the withdrawal period expires.

Consequences of Withdrawal
If you withdraw from this contract, we must refund to you all payments we have received from you, including delivery costs (except for any additional costs resulting from your choice of a delivery method other than the least expensive standard delivery option we offer), without undue delay and no later than fourteen days from the day on which we receive notice of your withdrawal from this contract. We will use the same payment method for this refund that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees in connection with this refund.

Sample Withdrawal Form
(If you wish to withdraw from the contract, please fill out this form and return it.)
– To [Insert: Name/Company, Address, Email Address, and, if available, Fax Number]:
– I/we (*) hereby cancel the contract I/we (*) entered into for the purchase of the following goods (*)/the provision of the following service (*)
– Ordered on (*)/received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if submitted on paper)
– Date
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(*) Delete as appropriate.

Exclusion or Premature Expiration of the Right of Withdrawal
The right of withdrawal does not apply to contracts for the delivery of digital content that is not prefabricated and for the production of which an individual selection or determination by the consumer is decisive, or that is clearly tailored to the consumer’s personal needs.
The right of withdrawal expires prematurely if we have not yet begun to perform the contract until after you have a) given your express consent to do so and simultaneously confirmed your awareness that you will lose your right of withdrawal upon the commencement of contract performance on our part, and b) we have provided you with the content of your declaration on a durable medium within a reasonable period after the conclusion of the contract, but no later than upon delivery of the goods or before the performance of the service begins. Please note that we may make the conclusion of the contract contingent upon the aforementioned consent and confirmation. The right of withdrawal expires prematurely if we have only begun to perform the contract after you have given your express consent and, at the same time, confirmed your awareness that you lose your right of withdrawal upon the commencement of performance of the contract on our part. Please note that we may make the conclusion of the contract contingent upon the aforementioned consent and confirmation.