Withdrawal, Returns and Cancellation

1. Application, Interpretation

This is a distance contract (as defined below), which has the cancellation rights set out below. In principle, a distance contract is an agreement that a consumer concludes without meeting the trader. Within the meaning of Section 13 of the German Civil Code (BGB) a consumer means any natural person who enters into a legal transaction for purposes that predominantly are outside his or her trade, business, or profession. For the purposes of these cancellation rights, distance contract means a contract made between a trader ( ,  , , hereinafter referred to as "supplier", "we" or "us") and a Consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the supplier and the Consumer, with the exclusive use of one or more means of distance communication (e.g. over the phone or online via a Website) up to and including the time at which the contract is concluded.

2. Right to cancel

• Subject as stated in these terms and conditions, you can cancel this Contract within fourteen (14) days without giving any reason. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal fall on the Consumer.
• The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. In a Contract for the supply of Goods over time (i.e. subscriptions), the right to cancel will be 14 days after the first delivery.
• To exercise the right of withdrawal, you must inform us of your decision to cancel this Contract by an unequivocal statement (e.g. a letter sent by post, fax or email) setting out your decision including your name, address, order number, date of order and date of withdrawal. For this purpose you can use the downloadable model cancellation form (below), but it is not obligatory. In any case, you must be able to show clear evidence of when the cancellation was made.
• You can also fill in and submit the model cancellation form electronically or any other clear statement of the customer's decision to cancel the Contract on our Website. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a durable medium (e.g. by email) without undue delay.
• To meet the cancellation deadline, it is sufficient for you to send your cancellation before the cancellation period has expired.

3. Effects of cancellation in the cancellation period

Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

4. Exclusion of the right of withdrawal

There are exceptions to when the right of withdrawal does not apply, though. Certain products and services can be excluded from the right of withdrawal but only if this was clearly notified when making the offer or at any rate in good time before concluding the agreement. The following products and services that might be offered on our Website are excluded from the right of withdrawal, in accordance with the EU Consumer Rights Directive (2011/83/EU) and section 356 (5) of German Civil Code (BGB). This list contains the most relevant products and/or services offered on the Website that are excluded.

4.1. The unique nature of digital content

You cannot withdraw from the purchase of:

• The delivery of Digital Content other than on a physical carrier but only if:
  • the performance was started with the Consumer's express prior consent;
  • the Consumer stated that by doing so they will lose their right of withdrawal.

The customer's consent and confirmation is given in the Order summary via checking a checkbox, before being able to complete the Order. The reason behind this is that unlike a request for a refund on the purchase of a physical product, digital downloadable content is not tangible so that there is no way for the supplier to know whether the customer has truly returned their purchased item; basically, it can be assumed that it remains in their possession indefinitely. For this reason and to ensure the digital content is what the customer wants before downloading it, any such content shall not be supplied within the 14 day cancellation period, unless the consumer has given their express consent to this happening. The consumer must also acknowledge that once the download starts they will lose their right to cancel. If a consumer did not give their consent, they basically could also enjoy the right of withdrawal within 14 days from concluding the contract but would have to wait until the cancellation period has expired before being able to download the digital content.