right of withdrawal
Loss of the right of withdrawal (Section 18 Paragraph 1 Item 11 FAGG)
When providing digital content (e.g. downloads), the right of withdrawal expires when the entrepreneur has started to fulfil the contract.
Entering the TAN code into the app
If the consumer is obliged to make a payment, the right of withdrawal only lapses if
- if the consumer has expressly consented to the start of the contract performance before the expiry of the withdrawal period and
- the consumer has confirmed that he has acknowledged that he will lose his right of withdrawal due to the early commencement of the contract performance, and
- if the trader has provided the consumer with confirmation of the contract.
The confirmation must be made at the latest before the service begins. It must contain a confirmation of the concluded contract on a permanent data medium (paper, email) as well as all information obligations under Section 4 Paragraph 1 FAGG. The information under Section 4 Paragraph 1 FAGG can also be made available beforehand on a permanent data medium. The confirmation must also contain a confirmation of consent to the immediate start and confirmation of the consumer's knowledge of the loss of the right of withdrawal.