Construction Retentions and Defect Notices Excel | Contracts, Return Dates, Deadlines and Partial Acceptances | Undated Template [DE]

──────── Cancellation Policy ────────

RIGHT OF CANCELLATION
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the date the contract is concluded.

To exercise your right of cancellation, you must inform us (E. Isinger, Anton-Bruckner-Weg 6, 37603 Holzminden, Germany; email: etsy@schattenspiel.eu) of your decision by a clear statement, for example by letter or email. You may use the model cancellation form below, but this is not mandatory. You may also use the cancellation function in your Etsy order overview (“Help with order”); we will then promptly confirm receipt on a durable medium. Sending the notice before the deadline is sufficient.

EFFECTS OF CANCELLATION
If you cancel this contract, we will reimburse all payments received from you, including delivery costs (except additional costs resulting from a delivery method other than the least expensive standard delivery), without undue delay and no later than fourteen days after receiving your cancellation notice. We will use the same payment method as the original transaction; no fees will be charged for the reimbursement.

MODEL CANCELLATION FORM
To E. Isinger, Anton-Bruckner-Weg 6, 37603 Holzminden, Germany; email: etsy@schattenspiel.eu:
I/We hereby cancel the contract for the purchase of the following goods/service: ____
Ordered/received on: ____
Name: ____
Address: ____
Signature (paper form only): ____
Date: ____

──────── Expiry of the Right of Cancellation / Digital Content ────────

For digital content supplied immediately, the right of cancellation expires early when performance begins after you have (1) expressly agreed that performance may begin before the cancellation period expires and (2) acknowledged that you thereby lose your right of cancellation. You receive confirmation on a durable medium.

──────── Returns and Exchanges ────────

All products are digital items made available for immediate download. Returns, exchanges and cancellations are therefore not possible after the statutory right of cancellation has expired under §356(5) BGB because you expressly consented to immediate performance and acknowledged the loss of that right. If a download fails, a file is defective or you received the wrong product, contact us through Etsy and we will provide the correct, functioning file. Your statutory warranty rights remain unaffected. Please review the description, file formats and software requirements before purchase.

──────── Terms and Conditions ────────

§1 SCOPE
These terms apply to all contracts for digital products concluded between “SchattenspielDE” (provider) and customers through Etsy and Gumroad. Only instant digital downloads are sold; no physical delivery is made. The terms in force when the order is placed apply. Conflicting customer terms are rejected. Customers may be consumers (§13 BGB) or businesses (§14 BGB).

§2 CONTRACTING PARTY
The purchase contract is concluded exclusively between the customer and the provider. Etsy and Gumroad provide the platform and payment processing only.

§3 CONCLUSION OF CONTRACT
A product listing is an invitation to submit an offer. By completing checkout, the customer submits a binding offer. The provider accepts by confirming or making the download available, normally immediately after payment for instant downloads. The contract language is German.

§4 PERFORMANCE AND PROVISION
Non-physical digital content is supplied as an instant download after payment. There is no shipping or shipping cost. The product description determines format, scope and system requirements. Third-party software is not part of the contract. The customer must back up the files promptly.

§5 PRICES / SMALL-BUSINESS STATUS
Prices shown are final prices in euros. The provider applies the German small-business rule under §19 UStG; VAT is not charged or shown separately.

§6 CANCELLATION / EXPIRY
The statutory cancellation right is described above. Under §356(5) BGB, it expires when performance begins after the consumer has expressly consented and acknowledged losing the right. During checkout, the consumer declares: “I expressly agree that performance (provision of the download) may begin immediately and before the cancellation period expires. I understand and confirm that I lose my right of cancellation when performance begins.” Confirmation is provided on a durable medium under §312f BGB. After expiry there is no claim to reversal/refund; statutory defect rights remain unaffected.

§7 RIGHTS OF USE
All intellectual-property rights remain with the provider. The customer receives a simple, non-transferable and non-sublicensable right for the customer’s own private, non-commercial use, including downloading, saving, backup copies and private printouts. Unless a separate licence is expressly stated in the listing, the following are prohibited: resale or distribution to third parties, public availability, reproduction or modification for distribution, commercial use, creation of competing products and removal of rights notices. Commercial use requires a separate licence where expressly offered.

§8 LIABILITY FOR DEFECTS
Statutory provisions apply, including §§327 et seq. BGB for consumers. They are not excluded. The product description is decisive. The product is provided once in the version offered at purchase; updates are supplied only where legally required under §327f BGB. Report defects by Etsy message or to etsy@schattenspiel.eu. Subsequent performance may be provided by renewed or corrected delivery.

§9 LIABILITY
Liability is unlimited for intent and gross negligence, injury to life, body or health, claims under the Product Liability Act and guarantees. For slight negligence affecting an essential contractual duty, liability is limited to the foreseeable loss typical for the contract; otherwise it is excluded. Liability for data loss applies only where the loss would also have occurred despite proper customer backups.

§10 FINAL PROVISIONS
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer-protection law of the customer’s EU country of residence remains unaffected under Article 6 Rome I Regulation. The provider does not participate in consumer dispute resolution. Severability is governed by §306 BGB.

──────── Payment and Delivery Conditions ────────

1) Prices are final prices in euros. Small-business status under §19 UStG applies; VAT is not charged. Products are digital and have no shipping costs.
2) Etsy purchases are paid through Etsy Payments; Gumroad purchases use the payment service offered there. Available methods depend on the platform.
3) The purchase price is due immediately on completion of the order. Files are provided after payment.
4) Invoices are electronic and/or available through the platform account; VAT is not shown.
5) Delivery is exclusively digital as an instant download: through the Etsy account download page or email notice, and through a Gumroad download link. A valid email address is required where applicable.
6) Customers must back up files promptly. For technical problems, files may be provided again after contact.
7) Set-off is permitted only with undisputed or legally established claims. A right of retention may be exercised only for claims arising from the same contract.
8) For instant downloads, the cancellation right expires as described in §6; after expiry there is no refund claim, while statutory defect rights remain unaffected.