Right of Withdrawal (Widerrufsbelehrung)

This is a courtesy translation of our German withdrawal instructions. The contract and this instruction are governed by German law; in case of any discrepancy, the German version (“Widerrufsbelehrung”) is authoritative. Key German legal terms are given in brackets.

The following instructions apply to consumers. A consumer (“Verbraucher”) is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession (§ 13 German Civil Code, BGB). Traders and businesses (“Unternehmer”, § 14 BGB) have no statutory right of withdrawal.

Right of withdrawal (Widerrufsrecht)

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 (INEKON Intelligente Energiekonzepte, Ingenieurbüro für Energieeffizienz, Energiemanagement & Energieberatung, Breitwiesenstraße 13, 70565 Stuttgart, Germany, telephone +49 711 9959 826 50, e-mail: info@epos-plan.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. You can also exercise your right of withdrawal online at Vertrag widerrufen (withdraw contract). If you use this online feature, we will send you an acknowledgement of receipt of the withdrawal on a durable medium (e.g. by e-mail), including its content and the date and time of its receipt, without undue delay.

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.

Effects of withdrawal (Folgen des Widerrufs)

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), 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.

Declaring withdrawal online (“Vertrag widerrufen”)

For contracts you conclude online through our website, we additionally provide an electronic withdrawal function (“elektronische Widerrufsfunktion”, § 356a BGB). You can reach it through the button labelled “Vertrag widerrufen” (Withdraw from contract) in the footer of every page, or directly at Vertrag widerrufen (withdraw contract).

We only ask for the information required to process your withdrawal: your name, an identification of the contract (order, invoice or licence number) and the e-mail address to which we should send the acknowledgement of receipt. Your statement is transmitted to us only when you press the button labelled “Widerruf bestätigen” (Confirm withdrawal).

Your withdrawal statement is deemed to have reached us within the withdrawal period if you sent it via the withdrawal function before the period expired (§ 356a paragraph 5 BGB). Using the online function is voluntary; you may equally declare your withdrawal by e-mail or by letter.

Early expiry of the right of withdrawal (vorzeitiges Erlöschen)

What we supply is digital content not supplied on a tangible medium (“nicht auf einem körperlichen Datenträger befindliche digitale Inhalte”): a licence that unlocks the functional scope of the EPOS-Plan software. For such contracts your right of withdrawal expires early if

  • we have begun performance of the contract,
  • you have expressly consented to us beginning performance before the end of the withdrawal period,
  • you have confirmed your awareness that, by giving this consent, you lose your right of withdrawal once performance begins, and
  • we have provided you with a confirmation of the contract on a durable medium.

If these conditions are not all met, your right of withdrawal remains in place (§ 356 paragraph 6 no. 2 BGB).

If you withdraw from a contract for the supply of digital content not supplied on a tangible medium, you do not owe any compensation for value (“Wertersatz”, § 357a paragraph 3 BGB).

Model withdrawal form (Muster-Widerrufsformular)

(complete and return this form only if you wish to withdraw from the contract)

  • To INEKON Intelligente Energiekonzepte, Breitwiesenstraße 13, 70565 Stuttgart, Germany, e-mail: info@epos-plan.de:
  • I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/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.

Consumer dispute resolution (Verbraucherstreitbeilegung)

We are willing to take part in dispute resolution proceedings before the German Universal Arbitration Board (“Wir sind bereit, an einem Streitbeilegungsverfahren vor der Universalschlichtungsstelle des Bundes teilzunehmen.”).

Competent body:

  • Universalschlichtungsstelle des Bundes
  • Zentrum für Schlichtung e. V.
  • Straßburger Straße 8, 77694 Kehl am Rhein, Germany
  • www.universalschlichtungsstelle.de

Provider (Anbieter)

  • INEKON Intelligente Energiekonzepte
  • Ingenieurbüro für Energieeffizienz, Energiemanagement & Energieberatung
  • Breitwiesenstraße 13, 70565 Stuttgart, Germany
  • Tel +49 711 9959 826 50, Fax +49 711 9959 826 59
  • E-Mail: info@epos-plan.de
  • Managing Director authorised to represent the company (Vertretungsberechtigter Geschäftsführer): Dr. Dirk Engelmann
  • VAT ID (USt-IdNr.): DE250355793