Disclaimer: The following sample terms and conditions have been prepared by a lawyer (http://rechtsanwalt-schwenke.de). They meet the legal requirements of a typical online shop aimed at consumers. However, you should only use the template after careful examination and adaptation to your specific business model. The clauses may be inadmissible in certain constellations. If in doubt, seek legal advice.
Instruction on the right of withdrawal for consumers regarding the delivery of digital content that is not delivered on a tangible data carrier (e.g. e-book, software download)
Cancellation
A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his self-employed professional activity.
Withdrawal
You have the right to withdraw from this contract within fourteen days without giving reasons. The withdrawal period is fourteen days from the day of conclusion of the contract. In order to exercise your right of withdrawal, you must provide us with ([insert: name/company, address of the addressee of the withdrawal, 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.]) inform you of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the attached model withdrawal form for this, but it is not mandatory. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences
of revocationIf you withdraw from this contract, we shall reimburse you all payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless otherwise expressly agreed with you; in no case will you be charged any fees for this repayment.
Sample withdrawal form
(If you wish to withdraw from the contract, please fill out this form and return it.)
– To [insert: name/company, address of the addressee of the withdrawal, e-mail address and, if available, the fax number.]:
– I/we (*) hereby revoke 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 if notified on paper)
– Date
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(*) Delete as appropriate.
