Right of withdrawal
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 the contract was concluded.
To exercise your right of withdrawal you must inform us
- {{entity_name}} {{entity_form}}
- {{street}}
- {{postal_code}} {{city}}
- {{country}}
- E-mail: {{email}}
of your decision to withdraw from this contract by an unequivocal statement (for example, a letter sent by post or an e-mail). You may use the model withdrawal form below, but this is not obligatory.
To meet the withdrawal deadline it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested that the provision of services begin during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.
Model withdrawal form
If you want to withdraw from the contract, please fill in this form and return it.
- To: {{entity_name}} {{entity_form}}, {{street}}, {{postal_code}} {{city}}, {{country}}, e-mail: {{email}}
- I/We hereby give notice that I/we withdraw from my/our contract for the supply of the following service: smekkar subscription
- Ordered on / received on: __________
- Name of consumer(s): __________
- Address of consumer(s): __________
- Signature of consumer(s) (only if this form is notified on paper): __________
- Date: __________
Notes on the draft status
Open question for legal counsel:
This text is a draft modelled on Anlage 1 and Anlage 2 to Art. 246a § 1 Abs. 2 EGBGB and must be checked against the official wording.
Two points are deliberately left open and have not been decided by us:
- Trial period and withdrawal period. smekkar starts with a 14-day free trial with no payment details; no payment takes place during that time. How that trial relates to the 14-day withdrawal period — in particular which event starts the period, and what the compensation for value refers to — needs to be settled.
- Consent to immediate performance (§ 356 Abs. 4 and Abs. 5 BGB). Whether checkout must collect an express consent to the immediate start of the service, together with the acknowledgement that the right of withdrawal then lapses, needs to be decided. The payment provider in use can collect such a consent during checkout; it is not built today. This question is recorded in the operator checklist.