1. Scope of Application (Consumers & Businesses)
The statutory right of withdrawal applies exclusively to consumers pursuant to Section 13 of the German Civil Code (BGB). A consumer is every natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business or profession.
Entrepreneurs and businesses pursuant to Section 14 BGB are not granted a statutory or voluntary right of withdrawal. The conditions of any voluntary satisfaction guarantee (money-back guarantee) for business customers (B2B) are derived exclusively from the respective current service description or the General Terms & Conditions (GTC).
2. Right of Withdrawal for Consumers
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 (Evonius, [Musterstraße 1, 12345 Musterstadt], Phone: [+49 (0) 123 456789], Email: support@evonius.de) of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post or an e-mail). 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.
3. Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, 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.
4. Notice on Immediate Activation and Automated Provisioning
We expressly point out that the provisioning of hosting, cloud, and server services is in many cases automated immediately after the conclusion of the contract. Many services are activated or provided immediately, which immediately reserves system resources, may incur external provider costs, and initiates the performance of the contract on our part.
5. Proportional Compensation for Services
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.
For hosting and IT services, this includes in particular: System resources already provisioned, initialized instances (e.g., VPS, Managed Servers), proportionally used software licenses, and irreversibly incurred external provider and infrastructure costs.
6. Exclusion and Premature Expiration
Domain Registrations: For domain registrations, the execution of the contract generally begins immediately after the order is submitted, as the registration is carried out automatically with the respective registry. After successful registration or transfer of a domain, withdrawal may be excluded if the service has been fully provided or is technically irreversible. The right of withdrawal expires prematurely if the service has been fully performed and you have expressly consented and acknowledged the loss of your right of withdrawal prior to execution.
Continuous Obligations (Hosting): For continuous hosting services (e.g., Webhosting, VPS), the right of withdrawal does not expire prematurely simply by provisioning the service. In the event of a withdrawal within the period, the service will be terminated, and proportional compensation will be retained for the period used.
Digital Content (Software, Licenses): The right of withdrawal expires prematurely if we have begun performance of the contract after you have expressly consented to us beginning performance before the expiry of the withdrawal period, and you have confirmed your knowledge of the loss of the right of withdrawal.
Customized Services: The right of withdrawal does not apply to contracts for the provision of services or goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive (e.g., individually configured infrastructure or server solutions).
7. Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract)
Evonius
[Musterstraße 1]
[12345 Musterstadt]
Email: support@evonius.de
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract 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.