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Legal basis for the right of withdrawal

This information only applies to sales made via the reseller Digistore24 GmbH.

We distinguish between the statutory right of withdrawal and the contractual right of return.

Please make sure you follow legal advice.

Statutory right of withdrawal

The statutory right of withdrawal protects consumers from rashly entering into contracts. Customers who purchase your products via the reseller can withdraw from the contract within the withdrawal period. The right of withdrawal is not subject to any conditions.

As a reseller, we support you as a vendor by implementing the following:

The statutory withdrawal period is 14 days.

The statutory withdrawal period begins at the following times:

  • No earlier than when the customer is informed about the existence of their right of withdrawal and all other mandatory information pursuant to Article 246a Section 1 (2) P.1 No. 1 or Article 246a Section 2 (1) EGBGB. We always provide this information to the customer on the order form and in the order confirmation before the contract is concluded.
  • For physical products, no earlier than when the customer receives the goods (Section 356 (2) No. 1 BGB).
  • For digital products, no earlier than the conclusion of the contract (Section 356 (2) No. 2 BGB).
  • For services provided online or remotely, no earlier than the conclusion of the contract (Section 355 (2) BGB).
  • For services provided on site, no earlier than the conclusion of the contract (Section 355 (2) BGB).

Expiry of the statutory right of withdrawal

In certain exceptional cases, the right of withdrawal may also expire. The customer cannot waive their right of withdrawal. Rather, the right of withdrawal expires when these conditions are met in full.

  • For digital products (Section 356 (5) BGB):
    • The customer has actively agreed that the performance of the contract shall begin before the expiry of the withdrawal period.
    • The customer has confirmed that they were informed that they would lose their right of withdrawal.
    • You as a vendor have actually provided the product.
  • For services (Section 356 (4) BGB):
    • The customer has actively agreed that the performance of the contract shall begin before the expiry of the withdrawal period.
    • The customer has confirmed that they were informed that they would lose their right of withdrawal as soon as the service has been fully provided by you as the vendor.
    • You as a vendor have actually provided the product.

Digistore24 checks (automatically), whether the requirements are met, thereby preserving your rights as a vendor and the rights of your customers.

No right of withdrawal

In the following cases, there is no right of withdrawal (Section 312g (2) BGB; exemplary, non-exhaustive list; prohibited products are not listed):

  • Personalized products - Contracts for the supply of goods that are not ready-made and for the production of which an individual choice or specification by the consumer is necessary or goods which are clearly tailored to the personal needs of the consumer.
  • Opened food supplements - Contracts for the delivery of sealed goods which are not suitable to be returned for reasons of health or hygiene if the seal was removed after delivery.
  • Contracts for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature.
  • Opened audio book CDs or software DVDs - Contracts for the delivery of sound or video recordings or computer software in a sealed package, if the seal was removed after delivery.
  • Contracts for the delivery of newspapers, periodicals, and magazines, with the exception of subscription contracts.
  • Shares, funds, and cryptocurrencies - Contracts for the supply of goods or the provision of services, including financial services, the price of which depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur within the withdrawal period, in particular services relating to shares, to shares in open-ended investment funds within the meaning of Section 1 (4) of the German Capital Investment Code and to other tradable securities, foreign exchange, derivatives, or money market instruments.
  • Seminar/event for recreational purposes - Contracts for the provision of non-residential lodging services, transportation of goods, motor vehicle rental, food and beverage delivery, and other services related to recreational activities if the contract specifies a particular date or time period for the provision.

Furthermore, there is no right of withdrawal if the customer is an entrepreneur within the meaning of Section 14 BGB.

Digistore24 shall inform the customer about the cases in which there is no right of withdrawal (Article 246a Section 1 (3) No. 1 EGBGB).

Contractual right of return

As a vendor, you can always go beyond the legal withdrawal period and grant your customers - via the reseller - a contractual right of return.

Digistore24 offers you exactly the right tools for this. To offer contractual return claims, you have to create a return policy.

Please make sure you follow legal advice.