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 following template therefore contains additional notes that you must observe, as well as passages highlighted in red that you must review carefully and adapt as necessary. Please remove the notes after editing. If in doubt, seek legal advice. Copyright: You may use the template within the domain/website as long as your Marketpress license is valid for it. Sharing with third parties, including customers (e.g., as a developer), is not permitted.
Cancellation Policy 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 commercial nor related to 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 name, address, phone number, and email address. You may 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 model withdrawal form for this purpose, though this is not required. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period expires.
Consequences of Cancellation
If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), without delay and no later than fourteen days from the day on which we receive notification 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 withdraw from the contract concluded by me/us (*) 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 for paper notifications)
– Date
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(*) Delete as appropriate.
Exclusion or Premature Termination of the Right of Withdrawal
The right of withdrawal does not apply to contracts for the delivery of digital content that is not pre-produced and for which the consumer’s individual selection or specification is decisive for its creation, or that is clearly tailored to the consumer’s personal needs.
The right of withdrawal terminates prematurely if we have already begun to perform the contract, after you have a) given your express consent to this and simultaneously confirmed your awareness that you 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 to this and simultaneously 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.
