Cancellation for digital content

Disclaimer: The template below has been drawn up by a solicitor (https://drschwenke.de) has been drawn up in line with the typical requirements of an online shop. 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 sections marked in red that you must check particularly carefully and adapt where necessary. Please remove these notes once you have edited the document. If in doubt, seek legal advice. Copyright: You may use the template within the domain/website for as long as your Marketpress licence remains valid for that domain/website. Distribution to 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 related to their commercial nor their self-employed professional activities.

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 on which the contract was concluded. To exercise your right of withdrawal, you must inform us ([Insert: name/company name, address, telephone number and email address. You can also use the shortcode for this and save the address in your settings.]) by means of a clear statement (e.g. a letter sent by post or an email) informing us of your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, although this is not compulsory.

You can also exercise your right of withdrawal online at [Insert URL for the „Cancel contract“ page] exercise. If you use this online function, we will immediately send you a confirmation of receipt on a durable medium (e.g. by email), containing details of the content of the notice of withdrawal as well as the date and time of its receipt.

To comply with the withdrawal period, it is sufficient for you to send notification of your intention to exercise your right of withdrawal before the withdrawal period expires.

Consequences of withdrawal
If you withdraw from this contract, we shall refund to you all payments we have received from you, including delivery costs (with the exception of any additional costs arising from your choice of a delivery method other than the cheapest standard delivery option offered by us), without undue delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract. We will make this refund using the same payment method you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees as a result of this refund.

Model withdrawal form
(If you wish to withdraw from the contract, please complete this form and return it.)
– To [insert: name/company name, address, email address and, if available, fax number]:
– I/we hereby withdraw () the one provided by me/us () contract concluded 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 notifications on paper)

– Date

(*) Delete as appropriate.

Exclusion or early expiry of the right of withdrawal
The right of withdrawal does not apply to contracts for the supply of digital content which is not pre-produced and where the production of such content is determined by the consumer’s individual selection or specification, or which is clearly tailored to the consumer’s personal needs.
The right of withdrawal shall lapse prematurely if we have only commenced performance of the contract after you have a) given your express consent thereto and, at the same time, confirmed that you are aware that you will lose your right of withdrawal upon commencement of performance of the contract 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 at the latest upon delivery of the goods or before work on the service commences. Please note that we may make the conclusion of the contract conditional upon the aforementioned consent and confirmation. The right of withdrawal shall expire prematurely if we have only commenced performance of the contract after you have given your express consent and, at the same time, confirmed that you are aware that you will 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.