Right of Revocation

  • Revocation Right for Consumers

    The provisions of this Clause 13 shall only apply to Consumers who place an order from a member state of the European Union:

    13.1Revocation
    13.1.1Consumers shall have the right to revoke this contract within fourteen (14) days without stating a reason.
    13.1.2In the case of a contract for Services or a contract for the delivery of individually acquired or recurring digital content not installed on a physical data carrier, the revocation period shall be fourteen days from the date the contract was concluded.

    In the case of a purchase contract for the delivery of goods (e.g. back-up CDs), the revocation period shall be fourteen days from the date on which the Consumer – or a third party designated by the Consumer who is not a freight carrier – takes possession of the goods.

    13.1.3Under Section 312g (2) BGB, the right of revocation does not arise or exist

    with respect to contracts for the delivery of goods if they are not ready-made but were manufactured in accordance with an individual choice or determination of the Consumer or are clearly tailored to the personal needs of the Consumer (Section 312g (2) No. 1 BGB), and

    with respect to contracts for the delivery of audio and video recordings or computer software in a sealed package if the seal was broken after delivery (Section 312g (2) No. 6 BGB).

    13.2WAIVER OF THE RIGHT OF REVOCATION

    THE PROVISIONS OF THIS CLAUSE 13 SHALL ONLY APPLY TO CONSUMERS WHO ENTER INTO A CONTRACT FOR THE DELIVERY OF DIGITAL CONTENT NOT INSTALLED ON A PHYSICAL DATA CARRIER.

    IN ACCORDANCE WITH SECTION 356 (5) BGB, THE CONSUMER

    1) EXPRESSLY AGREES THAT CLEVERBRIDGE SHALL COMMENCE THE EXECUTION OF THIS CONTRACT BEFORE THE EXPIRATION OF THE REVOCATION PERIOD, AND

    2) IS AWARE THAT HE WILL LOSE HIS RIGHT OF REVOCATION WHEN THE EXECUTION OF THIS CONTRACT COMMENCES.

    Any money-back-guarantee or other guarantee or warranty of similar content granted by cleverbridge as regulated in Clause 14 shall not be affected by this Clause.

    13.3To exercise the right of revocation, the Consumer must inform cleverbridge (cleverbridge AG, Gereonstr. 43-65, 50670 Cologne, Germany, tel: +49 221 - 222 45 – 0, fax: +49 221 - 222 45 – 19, email: cs@cleverbridge.com) by making a clear declaration of his decision to revoke the contract (e.g. by letter sent by regular mail, fax, or email.) The Consumer can use the model revocation form following these revocation instructions for this purpose, but it is not a requirement.

    To meet the revocation deadline, it is sufficient for the Consumer to send notice that he is exercising his right of revocation prior to the expiration of the revocation period.

    13.4Legal Consequences of Revocation
    13.4.1If the Consumer revokes this contract, cleverbridge must promptly refund all of the payments cleverbridge received from the Consumer, including delivery costs, no later than fourteen days from the date on which the notice of revocation of the contract was received by cleverbridge (with the exception of additional costs incurred because the Consumer has chosen a different mode of delivery than the most cost-effective one, i.e. the standard mode of delivery offered by cleverbridge). For this refund, cleverbridge shall use the same means of payment that was used by the Consumer in the original transaction, unless otherwise expressly agreed with the Consumer. In no case shall the Consumer be charged a fee for the refund.
    13.4.2 In the case of a contract for Services, the following shall apply: If the Consumer requested that the Services commence during the revocation period, the Consumer shall pay cleverbridge a reasonable amount, which corresponds to the percentage of Services provided by the time the Consumer informs cleverbridge of the exercise of his right to revoke the contract, as compared to the total scope of the Services contemplated by the contract.
    13.4.3If there is a purchase contract for the delivery of goods, the following shall apply: cleverbridge can refuse to make a refund until it has received the goods back or until the Consumer proves that he has sent the goods back, whichever is earlier. The Consumer shall promptly return or send the goods to cleverbridge no later than fourteen days from the date on which the Consumer informed cleverbridge of the revocation of the contract. The deadline is met if the Consumer sends the goods before the expiration of the fourteen-day period. The Consumer shall bear the direct costs of returning the goods.

    The Consumer must pay for the diminished value of the goods if the diminished value is attributable to his treating the goods in an unnecessary manner to examine their quality, characteristics, and functionality.

    End of the revocation instructions


    Model revocation form

    (If you wish to revoke the contract, please fill out this form and send it back.)

    To cleverbridge AG, Gereonstr. 43-65, 50670 Cologne, Germany, Fax: +49 221 - 222 45 – 19, email: cs@cleverbridge.com

    I/we hereby revoke (*) the contract for the purchase of the following goods (*) /the provision of the following services (*) concluded by me/us

    Ordered on (*) /received on (*)

    Name of the Consumer(s)

    Address of the Consumer(s)

    Signature of the Consumer(s) (only for notices in paper form)

    Date

    (*) Please delete what does not apply.

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