Table of Contents
Terms and conditions of Digistore24 for buyers
Section 1 Validity
Section 2 Subject matter
Section 3 Conclusion of contract
Section 4 Software
Section 5 Prices
Section 6 Payment terms/default/termination
Section 7 Right of revocation for consumers
Template revocation form
Section 8 Delivery and delivery time, provision and update
Section 9 Transfer of risk
Section 10 Retention of title
Section 11 Warranty
Section 12 Limitation of liability
Section 13 Online dispute resolution
Section 14 Credit agencies (e.g. SCHUFA/Boniversum)
Section 15 Place of performance, place of jurisdiction, applicable law, offset and assignment, identity of the customer
Revocation policy for the supply of goods
If the buyer is a consumer, they shall have the following right of revocation:
You shall have the right to revoke this contract within fourteen days without giving any reason. The revocation period shall be fourteen days from the day on which you or a third party designated by you, who is not the carrier, took possession of the goods. In the case of a contract for several goods that you ordered as part of a single order and which are delivered separately, the period shall begin on the day on which you or a third party designated by you, who is not the carrier, took possession of the final goods.
To exercise your right of revocation, you must notify us (Digistore24 GmbH, St.-Godehard-Straße 32, 31139 Hildesheim, Deutschland, Fax:+49 (5121) 9289223, Email address: support@digistore24.com) of your decision to revoke this contract by means of a clear statement (e.g. a letter sent by post, fax, or email). You can use the attached sample revocation form for this purpose, although it is not mandatory. To comply with the revocation period, it is sufficient for you to send the communication concerning your exercise of the right of revocation before the revocation period expires.
The consequences of revocation
If you revoke this contract, we shall reimburse you all payments received from you, including delivery costs (except for any additional costs resulting from your choice of a different delivery type than the least expensive standard delivery offered by us), without undue delay and in any event no later than fourteen days from the day on which we receive notification of your revocation of this contract. For this repayment, we shall use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case shall you be charged for this repayment.
We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the revocation of this contract. The deadline shall be deemed to have been met if you send back the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods.
You shall only have to pay for any loss in value of the goods if this loss in value is attributable to handling of the goods that is not necessary for testing the quality, characteristics, and functionality of the goods.
Note
The right of revocation shall not apply to distance contracts for the delivery of goods magazines or journals, except for subscription contracts; to distance contracts for the delivery of additional goods that are not suitable for return due to health protection or hygiene reasons IF their seal has been removed after delivery; to distance contracts for the delivery of goods IF they have been inseparably mixed with other goods due to their nature after delivery;
Revocation policy for the delivery of digital content
If the buyer is a consumer, they shall have the following right of revocation:
You shall have the right to revoke this contract within fourteen days without giving any reason. The revocation period shall be fourteen days from the date of conclusion of the contract. To exercise your right of revocation, you must notify us (Digistore24 GmbH, St.-Godehard-Straße 32, 31139 Hildesheim, Deutschland, Fax:+49 (5121) 9289223, Email address: support@digistore24.com) of your decision to revoke this contract by means of a clear statement (e.g. a letter sent by post, fax, or email). You can use the attached sample revocation form for this purpose, although it is not mandatory. To comply with the revocation period, it is sufficient for you to send the communication concerning your exercise of the right of revocation before the revocation period expires.
The consequences of revocation
If you revoke this contract, we shall reimburse you all payments received from YOU, including delivery costs (except for any additional costs resulting from that), immediately and no later than fourteen days from the day on which we receive notification of your revocation of this contract. For this repayment, we shall use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will YOU be charged for this repayment.
Revocation policy for the provision of services
If the buyer is a consumer, they shall have the following right of revocation:
You shall have the right to revoke this contract within fourteen days without giving any reason. The revocation period shall be fourteen days from the date of conclusion of the contract. To exercise your right of revocation, you must notify us (Digistore24 GmbH, St.-Godehard-Straße 32, 31139 Hildesheim, Deutschland, Fax:+49 (5121) 9289223, Email address: support@digistore24.com) of your decision to revoke this contract by means of a clear statement (e.g. a letter sent by post, fax, or email). YOU can use the attached sample revocation form for this purpose, although it is not mandatory. To comply with the revocation period, it is sufficient for YOU to send the communication concerning your exercise of the right of revocation before the revocation period expires.
The consequences of revocation
If you revoke this contract, we shall reimburse you all payments received from YOU, including delivery costs (except for any additional costs resulting from that), immediately and no later than fourteen days from the day on which we receive notification of your revocation of this contract. For this repayment, we shall use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case shall YOU be charged for this repayment.
If you requested that the service should commence during the revocation period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the point in time at which YOU notify us of your exercise of the right to revoke the contract relative to the total scope of the service envisaged in the contract.
Revocation policy for installment contracts
If the buyer is a consumer and has entered into an installment agreement with us, they shall be entitled to the following right of revocation:
Right of revocation
You may revoke your contractual declaration within 14 days without giving reasons. The period shall begin after conclusion of the contract, but only after you have received all mandatory information according to Section 492 (2) of the German Civil Code (BGB) (e. g. information about the type of loan, information about the net loan amount, information about the contract term). You shall be deemed to have received all mandatory information if it is contained in the copy of the application or the copy of the contract document intended for you, or in a copy of your application or the contract document intended for you, and such documentation has been provided to you. You may subsequently be informed about mandatory information that has not been included in the contract text on a durable medium; in this case, the revocation period shall be one month. You must be reminded again of the start of the revocation period upon receiving the subsequently included mandatory information. To comply with the revocation period, it is sufficient to send the revocation in due time if the notice is made on a durable medium (e. g. letter, fax, email). The revocation must be sent to us (Digistore24 GmbH, St.-Godehard-Straße 32, 31139 Hildesheim, Deutschland, Fax: +49 (5121) 9289223, Email address: support@digistore24.com) .
Special features for additional contracts
If you are entitled to a right of revocation with regard to the purchase of goods, the delivery of digital content, or the provision of services, you shall also no longer be committed to this loan agreement upon effective revocation of the specified transaction.
The consequences of revocation
If you revoke this contract, we shall reimburse you all payments received from you, including delivery costs (except for any additional costs resulting from your choice of a different delivery type than the least expensive standard delivery offered by us), without undue delay and in any event no later than fourteen days from the day on which we receive notification of your revocation of this contract. For this repayment, we shall use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case shall you be charged for this repayment.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the revocation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.
You shall bear the direct costs of returning the goods.
You shall only have to pay for any loss in value of the goods if this loss in value is attributable to handling of the goods that is not necessary for testing the quality, characteristics, and functionality of the goods.
If you requested that the services should commence during the revocation period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the point in time at which you notify us of the exercise of the right of revocation with respect to this contract relative to the total scope of the services envisaged in the contract.
You shall be obliged to pay compensation for the value of the digital content delivered up to the time of revocation if you expressly agreed that delivery of the digital content would begin before the end of the revocation period.
End of revocation policy
Non-existence of a right of revocation
The rights of revocation mentioned in this statement shall exclusively apply to consumers. However, a possible right of revocation shall not arise for consumers in accordance with Section 312 (2) of the German Civil Code (BGB) even if one of the following types of contract exists:
Notice of right of withdrawal for supply of goods
Consumers are entitled to the following right of withdrawal when acting as buyer:
You have the right to withdraw from this contract within 60 days without stating any reasons. The withdrawal period amounts to 60 days from the date on which you placed the order.
In order to exercise your right of withdrawal, you must inform us (Digistore24 MSLW Limited, The Black Church, St. Mary’s Place, D07 P4AX Dublin 7, Ireland, email: helpdesk@digistore24.ie) of your decision to withdraw from this contract by means of a clear declaration (e.g. in a letter sent by mail, phone call or email). In order to comply with the withdrawal period, it is sufficient to send the notification stating that you wish to exercise the right of withdrawal before the withdrawal period expires.
Consequences of withdrawal
If you withdraw from this contract, we must reimburse all payments which we have received from you, including delivery costs (except for additional costs resulting from choosing a type of delivery other than the most favorable standard delivery offered by us), without delay and no later than fourteen days from the date of receipt of your notice of withdrawal from this contract. For this refund, we will use the same means of payment which you used for the original transaction unless otherwise expressly agreed with you; we will not charge you any fees for this refund in any case.
We may refuse to issue a refund until we have received the goods or until you have provided proof that you have returned the goods – whichever occurs earlier.
The goods need to be sent back to us immediately, in any case within 14 days after you have informed us about the withdrawal of the contract. The deadline is secured if you ship the goods within those 14 days. You will bear the direct costs of return of goods.
You must pay for any deterioration of the goods only if such deterioration was caused by handling them beyond what was necessary for examining the quality, features, and functioning of the goods.
Note:
There is no right of withdrawal (i) in the case of distance contracts for the supply of goods that are not prefabricated and for which individual selection or specification by the Consumer is decisive for their production or that are clearly tailored to the personal needs of the Consumer, (ii) for the supply of magazines, newspapers, or journals with the exception of subscription contracts, (iii) for distance contracts for the supply of sealed goods which are not suitable for return owing to health protection or hygiene reasons and were unsealed after delivery, (iv) for distance contracts for the supply of goods which, according to their nature, were inseparably mixed with other goods after delivery, (v) for distance contracts for the supply of audio or video recordings or computer software in sealed packaging which were unsealed after delivery.
Notice of right of withdrawal for supply of digital contents
Consumers are entitled to the following right of withdrawal when acting as buyer:
You have the right to withdraw from this contract within 60 days without stating any reasons. The period amounts to sixty days from the date of conclusion of the contract. In order to exercise your right of withdrawal, you must inform us (Digistore24 MSLW Limited, The Black Church, St. Mary’s Place, D07 P4AX Dublin 7, Ireland; email: helpdesk@digistore24.ie) of your decision to withdraw from this contract by means of a clear declaration (e.g. in a letter sent by mail, phone call or email). In order to comply with the withdrawal period, it is sufficient to send the notification stating that you wish to exercise the right of withdrawal before the withdrawal period expires.
You have a right to withdraw from this contract, under the Consumer Rights Act 2022, including but not limited to part 2 chapter 2, sections 15, 18, 21, and 22 and part 3 chapter 3, sections 29 where digital goods do not conform with specifications and are not fit for any particular purpose for which you require them and which we have accepted. You have the right of remedy where there is a defect in the digital good(s) within 2 years of your receipt of said digital good(s).
Consequences of withdrawal
If you withdraw from this contract within 60 days, we must reimburse all payments which we have received from you, including delivery costs (except for additional costs resulting from choosing a type of delivery other than the most favorable standard delivery offered by us), without delay and no later than fourteen days from the date of receipt of your notice of withdrawal from this contract. For this refund, we will use the same means of payment which you used for the original transaction unless otherwise expressly agreed with you; we will not charge you any fees for this refund in any case.
If you withdraw from this contract within 2 years, you may receive a proportionate reduction in the price payable under the contract, under the Consumer Rights Act 2022.
Notice of right of withdrawal for the provision of services
Consumers are entitled to the following right of withdrawal when acting as buyer:
You have the right to withdraw from this contract within 60 days (unless otherwise specified) without stating any reasons. The period amounts to fourteen days from the date of conclusion of the contract. In order to exercise your right of withdrawal, you must inform us (Digistore24 MSLW Limited, The Black Church, St. Mary’s Place, D07 P4AX Dublin 7, Ireland, email: helpdesk@digistore24.ie) of your decision to withdraw from this contract by means of a clear declaration (e.g. in a letter sent by mail, phone call or email). You may use the attached sample withdrawal form, but this is not mandatory. In order to comply with the withdrawal period, it is sufficient to send the notification stating that you wish to exercise the right of withdrawal before the withdrawal period expires.
Consequences of withdrawal
If you withdraw from this contract, we must reimburse all payments which we have received from you, including delivery costs (except for additional costs resulting from choosing a type of delivery other than the most favorable standard delivery offered by us), without delay and no later than fourteen days from the date of receipt of your notice of withdrawal from this contract. For this refund, we will use the same means of payment which you used for the original transaction unless otherwise expressly agreed with you; we will not charge you any fees for this refund in any case.
If you have requested the services to start during the withdrawal period, you must pay us a reasonable amount corresponding to the portion of services already performed until the date on which you notified us about the assertion of the right of withdrawal as compared to the full scope of services provided in the contract.
Notice of right of withdrawal for contracts providing for partial or installment payments
Buyers who are Consumers and have concluded installment payment agreements with us are entitled to the following right of withdrawal:
Right of withdrawal
You can withdraw from your contract within 60 days without stating any reasons under the sections 68, 112, and 115 of the Consumer Rights Act 2022. The period begins at the time that you have received the goods or service Notice of withdrawal must be sent to Digistore24 MSLW Limited, The Black Church, St. Mary’s Place, D07 P4AX Dublin 7, Ireland, email: helpdesk@digistore24.ie)
Special considerations in the case of other contracts
If you are entitled to a right of withdrawal with respect to the purchase of goods, the delivery of digital content or the provision of services, you shall no longer be bound by this loan agreement once you have effectively canceled the specified transaction.
Consequences of withdrawal
If you withdraw from this contract, we must reimburse all payments which we have received from you, including delivery costs (except for additional costs resulting from choosing a type of delivery other than the most favorable standard delivery offered by us), without delay and no later than fourteen days from the date of receipt of your notice of withdrawal from this contract. For this refund, we will use the same means of payment which you used for the original transaction unless otherwise expressly agreed with you; we will not charge you any fees for this refund in any case.
You must send or hand over the goods to us without delay and, in any case, no later than fourteen days from the day on which you give us notice of withdrawal of this agreement. The period is deemed to have been complied with if you submit the goods before the period of fourteen days has expired.
You will bear the direct costs of return of goods.
You must pay for any deterioration of the goods only if such deterioration was caused by handling them beyond what was necessary for examining the quality, features, and functioning of the goods.
If you have requested the services to start during the withdrawal period, you must pay us a reasonable amount corresponding to the portion of services already performed until the date on which you notified us about the assertion of the right of withdrawal as compared to the full scope of services provided in the contract.
You are obliged to pay compensation for the value of digital content delivered prior to withdrawal if you have expressly agreed that delivery of the digital content should begin before the end of the withdrawal period.
End of the notice of the right of withdrawal
Non-existence of a right of withdrawal
The rights of withdrawal mentioned in this policy are exclusively available to consumers. However, a possible right of withdrawal does not arise for consumers under section 111 of the Consumer Rights Act 2022 if, for example, one of the following types of contract exists:
a service contract, where the service has been fully supplied and the supply of the service began with the consumer’s prior express consent and acknowledgement that he or she will lose the right to cancel once the service has been fully supplied by the trader,
a contract under which the trader supplies or undertakes to supply a digital service to the consumer and under which the consumer does not pay or undertake to pay the price of the digital service, where the digital service has been fully supplied,
a contract under which the trader supplies or undertakes to supply a digital service to the consumer and under which the consumer pays or undertakes to pay the price of the digital service, where—the digital service has been fully supplied, and
the supply of the digital service began with the consumer’s prior consent and acknowledgement that he or she will lose the right to cancel once the digital service has been fully supplied by the trader.
a contract under which the trader supplies or undertakes to supply digital content that is not supplied on a tangible medium to the consumer and under which the consumer does not pay or undertake to pay the price of the digital content, where supply of the digital content has begun,
a contract under which the trader supplies or undertakes to supply digital content that is not supplied on a tangible medium to the consumer and under which the consumer pays or undertakes to pay the price of the digital content, where—supply of the digital content has begun,
the consumer provided prior express consent to the supply beginning during the cancellation period and an acknowledgement that he or she will thereby lose the right to cancel, and
the trader provided confirmation of the contract in accordance with section 105 or, as the case may be, section 109,
a contract under which the trader supplies or undertakes to supply goods, a service or a digital service, whose price is dependent on fluctuations in the financial market that may occur during the cancellation period and that cannot be controlled by the trader,
a contract for the supply of non-prefabricated goods made on the basis of an individual choice of, or decision by, the consumer,
a contract for the supply of goods that are clearly personalised,
a contract for the supply of goods that are liable to deteriorate or expire rapidly,
a contract for the supply of sealed goods that –that are not suitable for the return for health protection and hygiene reasons, and
were unsealed after delivery
a contract for the supply of goods that are, according to their nature, inseparably mixed with other items after their delivery,
a contract for the supply of an alcoholic beverage where—the price has been agreed at the time of the conclusion of the contract,
the delivery of the beverage is to take place more than 30 days after the conclusion of the contract, and
the value of the beverage is dependent on fluctuations in the market that cannot be controlled by the trader,
a contract for the supply of sealed audio or sealed video recordings or sealed computer software that were unsealed after delivery,
(If you want to cancel the contract, please fill out and return this form.)
To:
Digistore24 GmbH
St.-Godehard-Straße 32, 31139 Hildesheim, Deutschland, Deutschland
Fax: +49 (5121) 9289223
Email address: support@digistore24.com
I/we (*) hereby revoke the contract for distance learning(*) concluded by me/us (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only in case of notification on paper)
Date
(*) Delete as applicable.
Digistore24 is entitled to obtain information about the customer from credit agencies as part of the credit check and to protect against bad debts. In addition, Digistore24 is entitled, insofar as this is necessary in connection with the execution of the contract and the customer has consented, to obtain generally held banking information from the customer's account-holding credit institution for credit assessment. Based on the corresponding consent of the customer, Digistore24 transmits credit agencies data on the order, commencement and termination of the contract and receives there information about the customer. The data transmission and storage shall be carried out within the framework of the provisions of data protection law and only insofar as this is necessary to protect the legitimate interests of Digistore24, a contractual partner of the credit agency or the general public and the customer's interests worthy of protection are not impaired thereby. Independently of this, Digistore24 may also transmit data to the credit agency about behavior not in accordance with the contract (e. g. termination due to default of payment, enforcement measures). These reports are made in accordance with the Federal Data Protection Act and GDPR only insofar as this is permissible after weighing all affected interests. Within the scope of the consent given by the customer, the credit agency stores and transmits the data to the affiliated credit institutions, credit card companies, leasing companies, retail companies including mail order companies and other companies that commercially give money or goods credits to consumers or offer telecommunication services in order to be able to provide them with information for assessing the creditworthiness of customers. Address data may be transmitted to companies that are contractually affiliated with the credit agency (e. g. SCHUFA/ Boniversum) for the purpose of determining debtors. SCHUFA only transmits objective data without indicating the creditor; subjective value judgments, personal income and financial circumstances are not included in SCHUFA information. Credit agencies only provide data if a justified interest in the transfer of data has been credibly demonstrated in the individual case. When providing information, the credit agency may additionally communicate to its contractual partners a probability value calculated from its database to assess the credit risk (scoring procedure).