Right of withdrawal
The German version of this page is the authoritative one. This translation is provided for convenience; in case of any discrepancy, the German text prevails. That applies to the two model texts below as well: they follow a German statutory model, and only the German wording discharges the duty to inform.
For paid contracts relating to the “Aufmasstool” app. As at:
This page contains two things: the withdrawal instructions following the statutory model and the model withdrawal form. Both reproduce the wording of the statute, here in an English rendering. Everything explained beyond that — which contracts the instructions apply to, when the right of withdrawal expires and what applies when you buy through an app store — is set out in a section of its own below and marked as such.
1. Who this notice applies to, and to which contracts
The right of withdrawal is available to consumers, that is, to any natural person who enters into the contract for purposes that are predominantly outside his trade, business or profession (§ 13 BGB, German Civil Code). We offer Aufmasstool to consumers and to traders alike and do not attempt to exclude consumers from the offer.
It exists for paid contracts concluded by distance communication, that is, without both sides being present at the same time (§ 312c, § 312g (1), § 355 BGB). With us, the subject matter of such a contract is the provision of a paid plan for a fixed term, billed monthly or annually.
We do not record anywhere today whether you are ordering as a consumer or as a trader. As long as that is so, we treat every contract as a consumer contract and grant you the right of withdrawal set out in these instructions. If it is established that you ordered as a trader (§ 14 BGB), the statutory right of withdrawal does not exist; see section 7.
These instructions apply to contracts you conclude directly with us. If the purchase runs through Apple's App Store or through Google Play, the respective store is your contractual partner for the payment; see section 6. They do not apply to the free plan, because no payment is owed there; see section 8. Our general terms and conditions apply in addition.
2. Withdrawal instructions
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us (Tobias Bak, Im Oberdorf 13a, 36399 Freiensteinau, Germany, telephone: +49 6666 9793101, email: info@aufmasstool.de) 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 attached model withdrawal form, 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.
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 14 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.
3. Model withdrawal form
You may declare the withdrawal in any form you like. If you wish, use the form below; it is not obligatory. Print this page or copy the text out.
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
— To Tobias Bak, Im Oberdorf 13a, 36399 Freiensteinau, Germany, email: info@aufmasstool.de:
— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*)
— Ordered on (*)/received on (*)
— Name of consumer(s)
— Address of consumer(s)
— Signature of consumer(s) (only if this form is notified on paper)
— Date
(*) Delete as appropriate.
Helpful, but not required: tell us the email address of your account. Then we will find the contract more quickly. Your withdrawal is effective without this information as well.
4. When the right of withdrawal expires early
In the case of digital content and digital services, the right of withdrawal can expire before the 14 days are up — but only if all of the following conditions are met (§ 356 (5) BGB):
- We have begun performance of the contract.
- You have expressly agreed that we begin performance before the withdrawal period expires.
- You have confirmed that you are aware that by giving that consent and by the beginning of performance you lose your right of withdrawal.
- We have provided you with a confirmation of the contract on a durable medium (§ 312f BGB) — for instance as an email that you can save and print out.
If even one of these four points is missing, your right of withdrawal does not expire. It then runs for the full 14 days from the day of the conclusion of the contract.
How things stand with us: if you buy in the browser version, we ask you in the order summary for that consent and for that confirmation, each with a checkbox of its own that is not ticked in advance; without both, no order can be placed. After the purchase is completed we send you a confirmation of the contract by email. Whether your right of withdrawal thereby expires early depends on the four points above: if one of them is missing, it continues for 14 days.
Nor does it expire by the other route: under § 356 (4) BGB a right of withdrawal in respect of a service can lapse once that service has been performed in full. A plan that is provided on an ongoing basis is not performed in full within 14 days.
If we fail to give the instructions, or fail to give them properly, the period does not start to run; the right of withdrawal then expires at the latest 12 months and 14 days after the day of the conclusion of the contract (§ 356 (3) sentence 2 BGB).
5. No compensation for value for the period up to withdrawal
We do not charge any compensation for value for the use between the conclusion of the contract and the withdrawal. You get the amount you paid back in full.
This applies to every purchase route, even if, on a purchase in the browser version, you requested that we begin performance before the withdrawal period expires (section 4). The corresponding building block of the statutory model is therefore deliberately not inserted above.
6. Purchases through the App Store and through Google Play
If you buy a plan inside the app through Apple's App Store or through Google Play, the respective store handles the payment. For that part the store is your contractual partner, not we; we do not receive the payment from you but through the store. A refund or a withdrawal therefore runs through the store's own routes and under its terms — with Apple through the function for reporting a problem on the purchase receipt, with Google through the order overview in the Play Store. Whether and to what extent you have a statutory right of withdrawal towards the store depends on its terms and on the law; we cannot give any binding information about that.
Your right of withdrawal under these instructions remains unaffected by this, in so far as you have concluded a paid contract directly with us. We do not curtail it just because a store stands in between.
As things stand today: in the iOS app the purchase runs through Apple's App Store, in the Android app through Google Play; the paragraph above applies to both. In the browser version at app.aufmasstool.de you buy directly from us; the payment is handled by our payment service provider Stripe. These instructions apply to the contracts concluded there without any change.
If a store refunds a purchase or reverses it, it reports that to us. The plan on your account then falls back as soon as your device next reaches our server.
7. Customers who are traders
The provisions on withdrawal from distance contracts apply only to consumer contracts (§ 312 (1), § 312g (1) BGB). If you conclude the contract as a trader within the meaning of § 14 BGB — that is, in the exercise of your trade, business or profession — there is no statutory right of withdrawal, and we do not grant a voluntary one either.
As stated in section 1: we do not ask about the customer type today. In case of doubt, therefore, treat these instructions as applying to you — we do so too.
8. The free plan
The free plan is a provision free of charge. You pay nothing for it, and there is nothing that would have to be paid back on a withdrawal. A right of withdrawal presupposes a contract for payment (§ 312 (1) BGB); it therefore does not exist for the free plan.
That is no disadvantage for you: you can end the free plan at any time by removing the app or deleting your account — with no notice period, no reason given and no declaration to us. How to do that is described on the page Delete account.
9. Version, language and changes
The authoritative version of these instructions is the one that applied when your contract was concluded. We change them when our purchase routes or the legal requirements change; a later change has no effect on contracts already concluded.
The versions in other languages render the same model in the respective language. Where they differ, the German version applies. This English page is a translation and is not itself a statutory model; if you want to rely on the wording that discharges the German duty to inform, use the German version at aufmasstool.de/widerruf. Your rights under the law of your own country of residence remain unaffected by this in any event (Article 6 (2) Rome I).