I’m a bit confused by the “Information on the right of withdrawal for consumers in accordance with Section 13 BGB” as it says in section 20(1):
You have the right to withdraw from this contract within fourteen days without stating reasons. The period of revocation is fourteen days from the day of the conclusion of the contract.
but then in section 20(2) it says:
- Premature expiration of the right of withdrawal
Nexway AG is very eager, including in the case of digital content, for the customer to essentially have the possibility to return digital content if they are not satisfied and to withdraw from the contract. The legislator, however, provides that the right of withdrawal shall expire if the entrepreneur has started the execution of the contract, after
a) the consumer has expressly agreed that the entrepreneur begins the execution of the contract before the end of the withdrawal period, and
b) has confirmed his knowledge that he loses his right of withdrawal by his agreement regarding the start of execution of the contract.
This premature expiration of the right of withdrawal is due to the fact that digital content - once it has been downloaded - may be easily reproduced in contrast to physical objects and, therefore, there is also the possibility of the digital content remaining on the end device of the customer even in the event of withdrawal from the contract. By taking note of the information on the right of withdrawal, the customer expressly agrees to the execution of the contract by the entrepreneur before the expiry of the withdrawal period and confirms his knowledge that he will lose his right to withdrawal with the beginning of the execution of the contract.
So does section 20(2) cancel out section 20(1)?
Is there a difference between “conclusion of the contract” and “the execution of the contract”?
It says “This premature expiration of the right of withdrawal is due to the fact that digital content - once it has been downloaded - may be easily reproduced in contrast to physical objects” but as I understand it, anyone can download the software without buying it, they just can’t run it without buying an activation code, so I don’t understand this.