Special provisions for e-papers – loss of rights of rescission
Rights of rescission of contracts for the delivery of digital content not saved on physical data carriers, e.g. e-papers, shall terminate prematurely if consumers have expressly agreed that execution of such contracts will commence prior to expiry of the rescission period and provided the latter are aware that they have waived their right of rescission following such consent.
No right of cancellation therefore exists should ACROSS, with consumers’ express waiver of their right of cancellation in the event of premature execution of the contract and provided the latter are shown a copy or confirmation pursuant to § 5 (2) FAGG or § 7 (3) FAGG, commence with the delivery of digital content not saved on physical data carriers (e.g. e-papers) prior to expiry of the cancellation period pursuant to § 11 FAGG.
Should consumers, in cases where the above exception to rights of cancellation does not apply, cancel a contract for the delivery of digital content not saved on physical data carriers (e.g. e-paper), then said consumers should be under no obligation to pay for goods and services already provided by ACROSS.