Purchase contracts on the Internet are generally subject to the right of withdrawal of distance contracts. After your cancellation, you have to return the goods and in return you get back the payment you made. But what about the purchase of virtual goods? In fact, you can no longer “return” them to the seller. Is there a right of withdrawal here as well & what deadlines must be observed?
Yes – the purchase of digital content on the Internet is also subject to the right of withdrawal for distance contracts. The time limit for the right of revocation is 14 days from the conclusion of the contract if the revocation instruction is correct and all necessary information is provided. If the cancellation policy is missing or incorrect, this period is extended to 12 months and 14 days from the conclusion of the contract.
Before the conclusion of the agreement
In principle, this withdrawal period can be shortened or waived entirely for the purchase of virtual goods if the merchant obtains from the consumer (e.g., through an opt-in box):
– the express consent to start executing the contract before the end of the withdrawal period and
– the confirmation that the consumer waives his right of withdrawal with the corresponding execution of the contract.
It is not sufficient for this purpose if the consent is merely obtained within the general terms and conditions.
After the conclusion of the agreement
In addition, the consumer must be informed of the exclusion of the right of withdrawal after conclusion of the contract. According to this, after the order has been placed, the customer must be reconfirmed on a durable medium (e-mail, PDF, paper form) that
– the merchant will start executing the contract before the end of the withdrawal period, and
– the customer deliberately waives his right of withdrawal.
If such confirmation has not been given, the right of withdrawal has not expired. This results in the seller having to pay back the money within the revocation period (maximum 12 months and 14 days), but not receiving any compensation for the value of the digital content (e.g., playing computer games), which was used for months in some cases. As a result, this means that the seller has “given away” the goods for free.
If you have further questions about the topic of revocation of sales contracts on the Internet or other Internet law matters – contact us for an initial free consultation.