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Withdrawal for digital content

Disclaimer: The following template is from a solicitor (https://drschwenke.de) has been created according to the typical requirements of an online shop. However, you should only use the template after careful review and adaptation to your specific business model. The following template therefore contains additional notes that you must observe and red passages that you must check particularly carefully and adapt if necessary. Please remove the notes after processing. If in doubt, seek legal advice. Copyright: You may use the template within the domain/website as long as your Marketpress license is also valid for it. Passing it on to third parties, including customers (e.g. as a developer), is not permitted.

Information regarding the right of withdrawal for consumers concerning the supply of digital content which is not supplied on a tangible medium (e.g. e-book, software download)

Cancellation Policy

A consumer is any natural person who concludes a legal transaction for purposes which can be attributed predominantly neither to their commercial nor to their independent professional activity.

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day the contract is concluded. To exercise your right of cancellation, you must inform us ([Insert: Name/Company, Address of the cancellation recipient, Telephone number, E-mail address and, if available, the fax number. You can also use the shortcode for this and store the address in Settings DE.]) of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached sample cancellation form for this purpose, but it is not obligatory. To comply with the cancellation period, it is sufficient for you to send us a notification of your intention to exercise your right of cancellation before the cancellation period expires.

Consequences of withdrawal
If you cancel this contract, we will reimburse you for all payments we have received from you, including the cost of delivery (except for the additional costs arising from your choosing a type of delivery other than the cheapest standard delivery we offer), without delay and no later than fourteen days from the day we receive notice of your cancellation of this contract. We will use the same means of payment for this reimbursement that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this reimbursement.

Sample withdrawal form

(If you wish to cancel the contract, please complete this form and send it back.)
– An [Insert: Name/Company, address of the recipient of the revocation, e-mail address and, if available, the 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
– Consumer’s address
– Consumer’s signature (for paper notifications only)
Date
—————————————
(*) Delete as appropriate.

Exclusion or premature expiry of the right of withdrawal
The right of withdrawal shall not apply to contracts for the supply of digital content which is not pre-prepared and the manufacture of which is based on an individual choice or determination by the consumer, or which is clearly tailored to the personal needs of the consumer.
The right of withdrawal shall expire prematurely if we have commenced the performance of the contract only after you have given your express consent and at the same time confirmed your knowledge that you will lose your right of withdrawal upon commencement of our performance of the contract. We would like to point out that we can make the conclusion of the contract dependent on the aforementioned consent and confirmation.