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  1. "The invoice will not be issued until the customer has started the download." This is not a requirement. Normally, an invoice is always sent after a successful purchase, it's just my personal setting in the shop (Gambio)
  2. The customer must confirm his right of withdrawal when placing the order. The waiver of revocation / cancellation remains if the download has not started. Once the download has been started or completed, there is no longer any right to exchange or cancel the item. With the order confirmation, the customer automatically receives the general terms and conditions, the notice of revocation and the information on data protection as a PDF attached. This should not be sent with the invoice. The invoice will not be issued until the customer has started the download. This is how I set it up in the Gambio shop system That's the rules in Germany. I can't say whether it also applies to the EU, but this option is missing in CubeCart Translated with Google
  3. To ensure that the customer does not cancel a download (article) and still uses it, the customer in Germany must expressly waive his right of revocation/cancellation if the download of the article has already begun or has been completed. Translated with Google https://www.it-recht-kanzlei.de/digitale-inhalte-widerruf.html#abschnitt_5 Expiration of the right of withdrawal According to the prevailing opinion, there was no right of withdrawal for digital content before the amendment of the right of withdrawal, since data “due to their nature are not suitable for a return” (§ 312d Para. 4 No. 1 BGB old version). Since the reform of the right of withdrawal in June 2014, the consumer also has a right of withdrawal for digital goods. However, the right of withdrawal can expire under the conditions of § 356 paragraph 5 BGB if the entrepreneur has started to perform the contract after the consumer has expressly consented to the entrepreneur starting to perform the agreement before the end of the cooling-off period, and has confirmed his knowledge that he loses his right of revocation through his consent at the beginning of the execution of the contract. This means: Dealers can bring the right of cancellation according to § 356 Abs. 5 BGB for digital goods to lapse. However, the expiry of the right of withdrawal according to § 356 Para. 5 BGB requires that the retailer informs the consumer in detail that he loses his right of withdrawal if he wants to access the digital content. How can retailers meet this duty to provide information in practice? 1. Digital content only First of all, it is crucial: According to § 356 Para. 5 BGB, the right of withdrawal can only expire for “digital content”. "Digital content" is "data that is produced and made available in digital form" (§ 312f Para. 3 BGB). Whether this data is completely downloaded, saved and then made visible or made visible in real time during the download (streaming) is irrelevant. Examples of such digital content are: computer programs (software) Applications (apps) games music videos electronic texts (e-books) audio books Attention: It is essential that the data is not stored on a physical data medium (e.g. on a CD, Blu-Ray, etc.). Rather, the data must be sold "incorporeally", i.e. by downloading it from the Internet, by e-mail, etc. In the case of "embodied" data, the right of withdrawal cannot expire according to § 356 Para. 5 BGB. 2. Enlightenment through opt-in box The retailer must be compelled by the consumer obtain the express consent that he may start performing the contract (in practice, therefore, with the data transmission) before the end of the cooling-off period, and obtain confirmation that the consumer waives the right of withdrawal with the corresponding performance of the contract. The burden of proof lies with the dealer. This means: In the event of a dispute, the shop operator must prove that the consumer actually gave his consent to the start of the contract and his confirmation that he consciously waived the right of withdrawal. The retailer's obligation to provide information can be implemented in practice by means of an opt-in checkbox, with which the customer confirms the above. This should not be pre-checked, but require an explicit action by the consumer. Obtaining consent within the terms and conditions is therefore not sufficient. The query should be included in the order overview page. Only if the declaration in the opt-in box is ticked off should the order be successfully triggered. This means that the provider should only start executing the contract once all of the above requirements have been met. Attention: According to § 312f Abs. 3 BGB, the consumer must also be informed after the conclusion of the contract about the exclusion of the right of withdrawal. Thereafter, the customer must be confirmed again after the order on a durable medium (e-mail, PDF, paper form) that the trader starts to perform the contract before the end of the cooling-off period and the customer consciously waives his right of withdrawal. If such confirmation is not provided, it will be difficult for the trader to prove the consumer's confirmation and consent. The right of withdrawal does not then expire. IV. Recommendation of the IT law office Dealers who sell digital goods via their online shop should make sure that they effectively limit the right of withdrawal for consumers. To do this, they must follow the procedure standardized in Section 356, Paragraph 5 of the German Civil Code. This is the only way retailers can be sure that the right of withdrawal actually expires and that their shop does not degenerate into a free rental media library.
  4. I need further confirmations when paying, see picture. Are there plugins for this? Is for digital goods ( download article ) I can not find anything. Translated with Google
  5. It doesn't work with the current version. Lines should be exchanged or changed which are not available in the current version 6.4.5. Too bad. With which version does it work properly? Translated with Google
  6. Is it possible to offer an article several options as a download. For example: XP = xp.zip Vista = vista.zip Windows 7 = win7.zip Windows 8 = win8.zip Windows 10 = win10.zip Windows 11 = win11.zip Pricing is the same, but if the customer selects Windows 10, a Windows 10-only download must be available. I'm trying the product options but I can't store a file for download there. Translated with Google
  7. Order number and price are swapped before payment. Where can I change that ? thank you
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