Right of Revocation
You can rescind your declaration of agreement within 14 days in written form (e.g., letter, e-mail) without stating a reason or – if you receive the goods before the cancellation period expires – by sending them back. The period begins with the receipt of this notice in written form but not before the recipient has received the goods (in the case of recurring deliveries of goods of the same kind, not before the first such delivery) and not before the fulfillment of our obligations to inform according to Article 246 § 2 in conjunction with § 1 paragraphs 1 and 2 EGBGB as well as our obligations according to § 312e paragraph 1 clause 1 BGB in conjunction with Article 246 § 3 EGBGB. Sending the revocation or the goods within the cancellation period is sufficient to effect the cancellation. The revocation must be sent to:
soft Xpansion GmbH & Co KG
Fax: +49 234 2984172
The right of revocation does not apply to deliveries of sealed software, audio or video recordings if the customer has broken the seal on the data storage medium (e.g., removed the shrink-wrap or broke the seal) nor does it apply to programs delivered via digital download.
Consequences of Revocation
In case of a valid revocation, all mutually received performances as well as emoluments taken (e.g. interest), if applicable, are to be restituted by either side. If you are unable or partially unable to restitute the merchandise to us or can only restitute it in a deteriorated condition, then you have to compensate us for its value where applicable. This does not apply if the deterioration is exclusively due to examining the merchandise – as one would in a retail store – or putting the merchandise to its intended use. Things that can be shipped by parcel are to be returned at our risk. Things that cannot be shipped by parcel will be picked up. You are obliged to bear the costs of the return shipment if the merchandise delivered corresponds to the merchandise ordered and if the price of the merchandise to be sent back does not exceed an amount of forty euros or if, in the event that the price is higher, you have at the date of the revocation not yet rendered consideration or given a part payment. In all other cases, the return shipment is free of charge. All reimbursement obligations must be fulfilled within 30 days of the declaration of revocation. The period begins for you when you send your revocation or the goods; for us it begins with their receipt.
Download versions of software and/or login data/product keys/licenses are considered to be received in the sense of the cancellation policy if:
- The software or login data/product key/license is sent to the customer via e-mail or
- The customer took advantage of the opportunity to download it.