5 Effects of withdrawal
If you withdraw from this Agreement, we have to repay you all payments, which we received from you immediately and at the latest within fourteen days (14 days) starting from the day on which the notice of your revocation of this contract with us received. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees.
We may refuse to repay you until we have the goods back or until you have provided proof that you have returned the goods or destroyed them, whichever is the earlier.
You must return the goods to us immediately and in any event not later than 14 days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of 14 days. You bear the immediate costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Important for digital content:
You have a right of withdrawal of 14 days from the conclusion of the contract, starting with the conclusion of the purchase contract.
You agree that the digital content will be delivered immediately and that you will lose your right of withdrawal when you complete the purchase.
LOSS OF RIGHT OF WITHDRAWAL FOR DIGITAL CONTENT
Your right of revocation expires in the case of a contract for the delivery of digital content that is not on a physical data carrier, even if we have started to execute the contract after you have expressly agreed that we will commence execution of the contract before the expiry of the revocation period and you have acknowledged your knowledge that by giving your consent to the commencement of the contract you will lose your right of withdrawal.
Exceptions from the right of withdrawal:
Pursuant to European Law, the statutory right of withdrawal is not applicable as regards the following:
~ service contracts after the service have been fully performed if the performance has begun with the consumer’s prior express consent, and with the acknowledgment that he will lose his right of withdrawal once the contract has been fully performed by the trader;
~ the supply of goods made to the consumer’s specifications or clearly personalized;
~ the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items;
~ the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery;
6 Limitation of Liability
Where applicable mandatory law does not provide otherwise, our liability is limited to direct damages and under no circumstances are we liable for indirect damages such as loss of earnings etc. Intellectual Property Rights.
The “Websites” and all its content is owned by us or our partners and protected by intellectual property and marketing legislation. This means that trademarks, company names, product names, images and graphics, design, layout, and information on products, services and other content may not be copied or used without our or our partner’s prior written consent.
7 Waiver
We reserve ourselves for any image or typographical errors on the “Websites”, such as errors in product descriptions, technical specifications, inaccurate prices or incorrect information. We are entitled to rectify any obvious errors and, at any time, to change or update the information on the “Websites” accordingly.
8 Changes to the General Conditions
We may change these General Conditions at any time. We will then set forth the changed General Conditions on the “Websites” and they will enter into force once you have accepted them (in connection with a new order through the “Websites” or while browsing the “Websites”).
9 Applicable law and jurisdiction
The substantive law of the Federal Republic of Germany applies to these General Terms and Conditions. The provisions of the UN Sales Convention are not applicable.
If you are a merchant, a legal entity under public law or a special fund under public law, Berlin is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship.
The language of the court and the language in out-of-court dispute resolution proceedings is German.
10 Translations
The German version of these terms and conditions is the relevant version of your purchase. Translations are for information only.
Annex:
Model withdrawal form to:
I hereby revoke my contract for the purchase of the following digital Content /
Provision of the following services: [please indicate the name of the digital content/Perform services]
Ordered on: [please insert order Date]
Product Name: [please insert product Name]
Order number: [please insert order number]
Name: [please insert your name here]
Address: [please list your address here]
E-mail address: [please list your e-mail address here]
Account: [please insert the account here]
Date: [please insert Date]
Signature: [only when notified on paper]
General Term and Conditions valid from: 1/10/2020