4 Right of revocation for remote sale contracts with consumers As described above under subsection 1.2, contracts are formed in some cases with the respective producer (as in subsection 1.2.1) and in some cases with Simplace directly (as in subsection 1.2.2). However, in order to enable the customer to simply and uniformly exercise the right of revocation, cancellations shall always be sent to Simplace. If the customer's contracting partner is not Simplace, but rather the producer, the producer shall therefore act as the authorised recipient of the respective producer and shall forward the notice of revocation to the producer. Withdrawal instructions Right of revocation You have the right to cancel this contract within fourteen days without giving reasons. The revocation period is fourteen days from the date on which you or a third party nominated by you, who is not the carrier, have/has taken possession of the goods; in the case of digital contents from the date on which the contract was executed. To exercise your right of revocation, you must inform us, email: firstname.lastname@example.org, by means of an unambiguous declaration (e.g. a letter sent by email) of your decision to cancel this contract. You can use the attached specimen revocation form for this, but this is not compulsory. For the revocation deadline to be met, it is sufficient for you to send the notification that you are exercising your right of revocation before the revocation period expires. Consequences of the revocation If you cancel this contract, we shall pay back to you all the payments that we have received from you, including delivery costs (with the exception of the additional costs resulting from that fact that you chose a different type of delivery than the cheapest standard delivery that we offer) promptly and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment we shall use the same mode of payment that you used for the original transaction unless otherwise expressly agreed with you; on no account will you be charged a fee for this repayment. We may refuse to repay you the money until we have received the goods or until you have furnished proof that you have sent back the goods, whichever is the earlier.You shall send back the goods to the producer or surrender to them without delay and in each case no later than within fourteen days from the date on which you inform us of the revocation of this contract. The deadline has been met if you dispatch the goods before the end of the deadline of fourteen days."You shall bear the direct costs of returning the goods.You must only pay us compensation for loss of value of the goods if this loss of value is attributable to unnecessary handling of the goods to examine the quality, characteristics and functionality of the goods. End of withdrawal instructions
5 Delivery of the goods or provision of the download link 5.1 In the case of subsection 1.2.2 the goods shall be delivered to the delivery address stated within the scope of registration. 5.2 In the case of subsection 1.2.1 delivery shall be through provision of a link for downloading the product. The link shall be provided on Simplace via the customer account after completion of the ordering and payment process. 5.3 The goods will not be delivered and/or the download link will not be provided until after payment has been received. 5.4 The permanent provision of backup files and product keys in the customer account is a free service of Simplace. However there is no aquired entitlement to this service that can be stopped at any moment after delivery of the product purchased and no legal claim can be made to this service. The customer is responsible for securing the delivered product keys and/or downloaded files for future use.
6 Offset, right of retention The customer only has a right to offset if his counterclaims have been finally established in law or have been recognised by Simplace. In addition, he is authorised to exercise his right of retention insofar as his counterclaim is based on the same contractual relationship.
7 Liability and warranty for defects 7.1 The customer's warranty rights are laid down by law. 7.2 Claims for damages due to a breach of duty and for a tortious act are excluded vis-á-vis both Simplace and its assistants and vicarious agents. 7.3 The liability restriction under subsection 7.3 does not apply if the damage was caused intentionally or through gross negligence and in the event of the infringement of essential contractual obligations, i.e. such obligations whose fulfillment is a prerequisite for enabling the proper fulfillment of the contract in the first place, the observance of which the customer may therefore normally rely upon and whose infringement on the other hand places the achievement of the purpose of the contract at risk. The liability restriction also does not apply to damage arising from loss of life, personal injury or illness if Simplace is responsible for the breach of duty. The restriction shall also not apply to damage which is based on the lack of an assured characteristic or for which liability under the Netherlands Product Liability Act (article 6:190 of the Civil Code) is envisaged.
8 Customer Accounts Customer accounts are not transferable. Granting access to third parties is strictly prohibited. 9 Data protection The use of personal data is explained in our data protection declaration. 10 Applicable law and place of jurisdiction The Netherlands law applies to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Additional information: No commercial use We would like to point out that the products we sell may only be used for private use. Any use for commercial purposes is prohibited.