For consumers
Right of withdrawal
If you use eOptima as a consumer, you have a statutory right of withdrawal when you buy credits and when you take out the Premium subscription. The following information follows the statutory model and therefore uses the formal form of address.
This is a translation of the German original. The German version is legally binding.
For consumers
Right of withdrawal
If you use eOptima as a consumer, you have a statutory right of withdrawal when you buy credits and when you take out the Premium subscription. The following information follows the statutory model and therefore uses the formal form of address.
Information on the right of withdrawal
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 (Maximilian Lutz, c/o flexdienst – #21849, Kurt-Schumacher-Straße 76, 67663 Kaiserslautern, Germany, email: info@eoptima.net) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or email). You may use the attached model withdrawal form, but it is not obligatory. You can also exercise your right of withdrawal online at https://eoptima.net/en/withdraw/. If you use this online feature, we will send you an acknowledgement of receipt of the withdrawal on a durable medium (e.g. by email), including its content and the date and time of its submission, without undue delay.
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.
If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.
– End of the information on the right of withdrawal –
Early expiry and compensation for value
In the case of a contract for services, the right of withdrawal expires when we have fully provided the service and you expressly consented before performance began and acknowledged that you lose your right of withdrawal once the contract has been fully performed (§ 356 Abs. 4 BGB, German Civil Code). If you requested that we begin while the withdrawal period is still running and you withdraw afterwards, you pay pro rata compensation for the value of the service provided up to that point (§ 357a Abs. 2 BGB).
For eOptima, this specifically means:
- Credits: The service has been fully provided when all credits of a pack have been used up. If you withdraw before then, we refund the purchase price minus the share of credits already used up.
- Premium subscription: If you withdraw within the withdrawal period, we refund the monthly fee minus the share attributable to the days up to your withdrawal.
- If you have not consented to early performance, we only begin providing the service after the withdrawal period has expired.
Withdrawal is different from cancellation: a cancellation only ends your Premium subscription for the future. To cancel, use “Cancel contracts here”.
This is what the consent looks like in the ordering process—the box is never preselected:
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
- To Maximilian Lutz, c/o flexdienst – #21849, Kurt-Schumacher-Straße 76, 67663 Kaiserslautern, Germany, email: info@eoptima.net:
- 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.