Right of Withdrawal
This instruction applies if you purchase services from hoaxeye as a consumer within the meaning of § 13 of the German Civil Code (BGB), i.e. for purposes that are predominantly outside your trade, business or profession. Business customers do not have a statutory right of withdrawal.
Right of Withdrawal
You have the right to withdraw from this contract within fourteen (14) days without giving any reason.
The withdrawal period is fourteen (14) days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us
hoaxeye
Email: [email protected]
by means of a clear statement (e.g. a letter sent by post or an email) of your decision to withdraw from this contract. You may use the model withdrawal form below, but it is not mandatory.
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.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and not later than fourteen (14) days from the day on which we are informed about your decision to withdraw from this contract. As hoaxeye is a purely digital software service, no delivery, shipping or transport costs arise.
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 us to begin providing the service during the withdrawal period, you shall pay us an amount which is in proportion to the service already provided up to the point at which you notified us of the withdrawal, compared to the full scope of the contract.
Classification of the Services
hoaxeye is provided as a continuously delivered Software-as-a-Service subscription and therefore qualifies as a service contract within the meaning of § 611 BGB (and, for consumers, as a digital service within the meaning of §§ 327, 327a BGB). The rules on supply of digital content on a tangible medium do not apply. The statutory right of withdrawal and its premature expiry are therefore primarily governed by § 356 para. 4 BGB; § 356 para. 5 BGB is mentioned below only for the residual case that an individual add-on offering constitutes the supply of one-off digital content.
Early Expiry of the Right of Withdrawal
The right of withdrawal expires prematurely in the case of a contract for the supply of services if we have fully performed the service and only started performance after you gave your express prior consent and at the same time confirmed your knowledge that you would lose your right of withdrawal upon complete fulfilment of the contract by us (§ 356 para. 4 BGB).
For any component of the Services that exceptionally qualifies as the supply of digital content not on a tangible medium, the right of withdrawal expires if we have started performance of the contract after you (i) expressly consented to us beginning the performance before the withdrawal period expires, and (ii) confirmed your knowledge that your consent causes the loss of your right of withdrawal upon commencement of performance (§ 356 para. 5 BGB).
These confirmations are obtained from you in text form during the ordering and onboarding process, before performance of the Services begins. Until an automated online checkout with integrated consent capture is introduced, the confirmations are collected via the manual onboarding exchange (e.g. by email or signed order form) and stored together with the order record.
Model Withdrawal Form
— To:
hoaxeye
Email: [email protected]
— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the provision of the following service:
— Ordered on:
— Name of consumer(s):
— Address of consumer(s):
— Signature of consumer(s) (only if this form is notified on paper):
— Date:
Exclusions
There is no statutory right of withdrawal for business customers (Unternehmer within the meaning of § 14 BGB) and for the cases described under "Early Expiry of the Right of Withdrawal" above.
Questions
If you have any questions regarding your right of withdrawal, please contact [email protected].