Disclaimer: The following sample has been prepared by a lawyer (https://drschwenke.de) has been created according to the typical requirements of an online shop. However, you should only use the template after careful examination and adaptation to your specific business model. The following sample therefore contains additional notes that you must observe and red passages that you must particularly check and adapt if necessary. Please remove the notes after editing. If in doubt, seek legal advice. Copyright: You may use the design within the domain/website as long as your Marketpress licence also applies to it. Passing on to third parties, including customers (e.g. as developers) 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 can predominantly be attributed neither to his or her commercial nor to his or her 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 day of the conclusion of the contract. To exercise your right of withdrawal, you must send us ([Insert: Name/company, address, telephone number and email address. You can also use the shortcode for this and store the address in the settings]) by means of a clear declaration (e.g. a letter sent by post, or an e-mail) of your decision to revoke this contract. You can use the enclosed model withdrawal form for this purpose, which is, however, 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 revocation
If you withdraw from this contract, we must repay you all payments that 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 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 repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
Sample cancellation form
(If you wish to revoke the contract, please complete and return this form).
- To [insert: Name/company, address, e-mail address and, if available, 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 in the case of notification on paper)
- Date
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(*) Delete as applicable.
Exclusion or premature expiry 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 which is clearly tailored to the personal needs of the consumer.
The right of cancellation shall expire prematurely if we have only commenced performance of the contract after you have a) given your express consent to this and at the same time confirmed your knowledge that you lose your right of cancellation upon commencement of performance of the contract on our part and b) we have made the content of your declaration available to you on a durable data medium within a reasonable period of time after conclusion of the contract, but no later than upon delivery of the goods or before performance of the service is commenced. Please note that we may make the conclusion of the contract dependent on the aforementioned consent and confirmation. The right of withdrawal will expire prematurely if we have only started to perform the contract after you have given your express consent to this and at the same time confirmed your knowledge that you will lose your right of withdrawal when we start to perform the contract. We point out that we can make the conclusion of the contract dependent on the aforementioned consent and confirmation.
