I. Withdrawal from the Purchase Contract

 

1. The consumer is entitled to withdraw from the contract within 14 days from the date of receipt of the goods or, in the case of the purchase of software, from the date of conclusion of the contract for the provision of electronic content not delivered on a tangible medium, without giving any reason. Since the software is not delivered on a tangible medium but electronically in the form of electronic content and with your consent before the expiry of the 14 days, you lose the right of withdrawal by giving this consent to the immediate availability of the ordered software immediately after payment of the purchase price. In the case of traditional tangible goods, the following must be provided. The withdrawal must be in writing, contain all the data used to identify the product, the consumer and the seller, and be sent to the seller's registered office within the aforementioned time limit, at the consumer's expense and responsibility. The cost of returning the product shall be borne by the consumer. In the case of digital products supplied on a tangible medium, it shall not be possible to withdraw from the contract once the licence key has been delivered. Digitally delivered goods cannot be returned, as such goods could be misused by the consumer at a later date.

 

The product must be returned after testing, undamaged, preferably in its original packaging, and the consumer must hand in all documents relating to the product (instruction manual, warranty card, proof of acquisition, etc.) that he received when purchasing the product. The consumer is liable only for any diminution in the value of the goods resulting from handling which goes beyond that necessary to establish the characteristics and functionality of the goods.

 

2. Subject to the consumer's compliance with the above obligations, the seller shall take back the goods and return the price paid for the product or service or the advance payment made by the consumer for the product or service to the consumer in a prearranged manner within 14 days of the date of withdrawal from the contract at the latest.

 

3. The buyer may not withdraw from a distance purchase contract in particular in the following cases:

 

a) in the case of a contract which includes the provision of a service, where the provision of the service has been commenced with the express consent of the consumer and the consumer has declared that he has been duly informed that the expression of such consent shall forfeit the right to withdraw from the contract once the service has been fully provided, and where the service has been fully provided,

 

b) in the case of a contract for the sale of a product or services the price of which depends on price movements on the financial market which are beyond the control of the seller and which may occur during the withdrawal period,

 

c) in the case of a contract for the sale of a product made to the specific requirements of the consumer, or of a product intended specifically for a single consumer, or of a product which, because of its characteristics, cannot be returned,

 

d) in the case of a contract for the sale of goods enclosed in protective packaging which are not suitable for return for health or hygiene reasons and whose protective packaging has been damaged after delivery,

 

e) in the case of a contract for the sale of goods which, by their nature, may, after delivery, be inextricably mixed with other goods,

 

f) in the case of a contract the subject-matter of which is the carrying out of urgent repairs or maintenance which the consumer has expressly requested the seller to carry out; this shall not apply to service contracts and contracts the subject-matter of which is the sale of goods other than spare parts necessary for the carrying out of repairs or maintenance, where they were concluded during a visit by the seller to the consumer and the consumer did not order those services or goods in advance,

 

g) in the case of a contract for the sale of phonograms, video recordings, sound recordings, audio-visual recordings, books or computer software sold in protective packaging, where the consumer has unwrapped that packaging,

 

h) in the case of a contract for the sale of periodicals, except for sales under a subscription agreement, and for the sale of books not supplied in a protective wrapper,

 

i) in the case of a contract the subject matter of which is the provision of accommodation services for purposes other than accommodation, the carriage of goods, the hire of cars, the provision of catering services or the provision of services relating to leisure activities, and under which the seller undertakes to provide those services at an agreed time or within an agreed period of time,

 

j) in the case of a contract the subject-matter of which is the provision of electronic content other than on a tangible medium, where the provision of that content has been initiated with the express consent of the consumer and the consumer has declared that he has been duly informed that he loses the right of withdrawal by expressing that consent

 

In the light of the above provision, it is not possible to withdraw from a contract involving digital products such as CD keys and subscriptions which cannot be returned in order to secure and prevent further use by the consumer.

 

The buyer cannot credibly prove in any way after having acquired the digital product (protected by copyright law) that the digital product purchased has not been activated by him and will not be activated in the future, therefore in this case it is not possible to withdraw from the contract of sale according to the abovementioned Civil Code (by acquiring the digital product, the product has been consumed). By concluding the purchase contract (ordering and agreeing to the rules), the customer (consumer) expressly declares that he/she is aware of this condition and that he/she agrees to it.

 

4. The Seller reserves the right to cancel the order (withdraw from the contract) or part of it if:

a) the product is no longer manufactured or has ceased to be manufactured

b) the product cannot be ordered from the supplier