Right of Withdrawal
Withdrawal Instructions for Consumers
These instructions apply only where Coflnet GmbH was identified as your contractual provider or seller before you submitted the order. If your order confirmation identifies a merchant of record or another legal entity as seller, use the withdrawal instructions, recipient details and electronic function supplied by that seller for the purchase. If it also expressly identifies a separate contract with Coflnet, these instructions apply separately to that Coflnet contract.
For eligible EU-regime distance contracts, consumers (§ 13 BGB) have the following statutory right of withdrawal. This can also apply to a contract under which a consumer provides personal data instead of paying a price, unless the data is processed solely to supply the digital content or service or to meet legal requirements.
Expert Config country schedules
For a paid Expert Config, the order confirmation identifies one of these regimes from the Purchaserâs recorded tax country:
- EU Member State â EU regime: the identified Expert Config version is digital content supplied to the Recipientâs account. Its initial five-year period concerns only the managed update facility. If supply begins during the 14-day withdrawal period, the statutory right is lost when supply begins only after the Purchaserâs prior express consent, acknowledgement of that consequence and Coflnetâs required confirmation on a durable medium. The German/EU digital-content instruction below applies without limiting more favourable mandatory law of the Purchaserâs habitual residence.
- Great Britain (England, Wales or Scotland) â UK regime: the identified Expert Config version is digital content supplied to the Recipientâs account. Its initial five-year period concerns only the managed update facility. Under regulation 37 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, supply during the 14-day cancellation period begins only after the Purchaser expressly consents and acknowledges that the right is lost when supply begins; Coflnet supplies the required confirmation on a durable medium. The notice, model form and reimbursement route below may be used; references to German provisions are replaced by the corresponding UK rules.
- United States â US regime: Coflnet grants a contractual 14-day cancellation right from contract conclusion that continues after immediate supply. Exercising it restores or refunds the Expert Config price and ends the Config licence and managed-update entitlement. This contractual right does not replace or limit non-waivable federal or state cancellation, refund, conformity, unfair-practice or other remedies.
Checkout displays and records the declaration specific to that regime. No regime changes the separate statutory remedy rights that remain after supply.
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract.
To exercise your right of withdrawal, you must inform us â
Coflnet GmbH, DorfstraĂe 27a, 84163 Marklkofen, Germany, phone: +49 8732 8963988, email: [email protected]
â of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or an email). You may use the model withdrawal form below, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
You can also fill in and submit the model withdrawal form or another unequivocal declaration electronically on our website at coflnet.com/withdrawal. If you make use of this option, we shall communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by email) without delay.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. 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.
For a contract that requires you to pay a price, if you expressly requested that the performance of services begin during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract. This applies only if we properly informed you of the right of withdrawal and this consequence before the contract was concluded and supplied the required contract confirmation on a durable medium. No such compensation is payable for digital content not supplied on a tangible medium.
Expiry of the right of withdrawal
For a contract for a paid service, the right of withdrawal expires before the end of the withdrawal period only when the service has been fully performed, after you expressly consented to performance beginning before the end of that period and acknowledged that you lose the right upon complete performance (§ 356 (5) BGB).
For a service for which you do not pay a price, the right expires when the service has been fully performed as provided by § 356 (5) BGB.
For a contract for paid digital content not supplied on a tangible medium, the right expires when performance begins only if you expressly consented in advance to performance beginning before the end of the withdrawal period, acknowledged that you thereby lose your right, and we supplied the contract confirmation containing that information on a durable medium (§ 356 (6), § 312f BGB). For digital content for which you do not pay a price, the right expires when performance begins as provided by § 356 (6) BGB.
These expiry rules are applied separately according to whether the contract concerns a service or digital content. Merely activating a paid service does not amount to complete performance and does not by itself end the right of withdrawal.
For example, an immediately starting fixed seven-day Premium Service is completely performed only at the end of the agreed seventh day. By contrast, an Expert Config order supplies digital content: its initial five-year period applies only to the managed update facility and does not postpone supply or promise that the Expert will publish an update. Where paid Expert Config content is supplied after the required consent, acknowledgement and durable confirmation, the digital-content rule above applies. A later discretionary free two-year update extension does not restart the original withdrawal or cancellation period.
Model withdrawal form
(If you wish to withdraw from the contract, please fill in this form and return it to us.)
To Coflnet GmbH, DorfstraĂe 27a, 84163 Marklkofen, Germany, email: [email protected]
I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*):
â Ordered on (*) / received on (*):
â Order or contract number (if available):
â Name of the consumer(s):
â Address of the consumer(s):
â Signature of the consumer(s) (only for notification on paper):
â Date:
(*) Delete as appropriate.
Supplementary information
The following information is provided in addition to the statutory withdrawal instruction above and is not part of the model instruction.
Online withdrawal function (§ 356a BGB)
Where § 356a BGB applies because the contract was concluded through an online interface, the âWithdraw from contractâ function provided on this page is kept continuously available, prominently placed and easily accessible on that interface during the withdrawal period. It lets you provide or confirm your name, the contract or part concerned and the electronic contact for your receipt, and then submit the declaration using the separate âConfirm withdrawalâ control. After confirmation, a downloadable text receipt containing your declaration, a server-issued reference, and its receipt date and time is immediately provided on a durable medium and queued for delivery to the email address you specify. You may still withdraw by email, letter or another legally permitted unequivocal statement.
Settlement of CoflCoin purchases
Purchasing CoflCoins and later spending them on a Service or Expert Config are separate contracts. When a CoflCoin purchase is withdrawn, we first settle any separate order for which a withdrawal or refund is available and restore to the balance the purchased CoflCoins attributable to that settlement, including the proportionate purchased value restored for unprovided Premium time. We then refund through the original payment method the portion of the CoflCoins from the withdrawn top-up that is traceably available in the account and deduct the same number of CoflCoins.
The same process applies where the separate Service or Expert Config was purchased for a Recipient: a pending or unprovided refundable gift is cancelled, and refundable unused future Premium time is ended or shortened, before the attributable CoflCoins are restored to and, where traceable to the withdrawn top-up, refunded to the Purchaser. No CoflCoins are paid or transferred to the Recipient. A separate order that has been finally supplied and is not itself withdrawn, cancelled or otherwise refundable remains settled, so CoflCoins consumed for that order are not part of the available balance refunded for the top-up. A failed payment or chargeback is not treated as exercise of the statutory right of withdrawal and is handled under COMMERCE-3 of the Commerce and Programme Terms. Promotional or reward credit is not refundable as money. Mandatory rights in an individual case remain unaffected.
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