Right of Withdrawal (Widerrufsbelehrung)
Version 1.0
1. Scope of this Notice
This withdrawal notice applies if and only if you are a Consumer within the meaning of § 13 BGB — a natural person concluding a contract for purposes predominantly outside your trade, business, or profession. Entrepreneurs within the meaning of § 14 BGB do not have a statutory right of withdrawal under § 312g BGB and this notice does not grant them one.
Your status as Consumer or Entrepreneur under § 13 / § 14 BGB is set at your first paid purchase and locked for the entire subscription. You choose, at that first purchase, whether you contract as a Consumer (private individual) or as a business; this choice governs every subsequent chargeable change on the same subscription and cannot be mixed — a single subscription is either wholly a Consumer contract or wholly a business contract. The choice can only be made again at the next first purchase after your subscription has fully ended. Your VAT identification number is a separate matter of tax treatment, not the decider of this status: a business may have a VAT-ID (reverse-charge) or none (e.g. a Kleinunternehmer under § 19 UStG) and is in either case a business without a right of withdrawal. See Section 1.2 of the Terms of Service.
If you declare a business contract at your first purchase, the subscription is treated as a business contract without a statutory right of withdrawal under § 312g BGB. This contractual treatment does not remove the statutory right of withdrawal of a person who is in fact a Consumer within the meaning of § 13 BGB and did not deliberately misdeclare: your status is determined by the objective purpose of the transaction, not by a self-declaration, so an objective Consumer keeps the statutory right notwithstanding the business label. Only a person who deliberately declares a business contract in order to obtain a business benefit (e.g. reverse-charge treatment) and later seeks to invoke the consumer right of withdrawal forfeits that right under the principle of good faith (§ 242 BGB).
For Consumers, this notice applies to every paid contract concluded through the Eigentum² platform, including:
- An initial paid subscription (Premium monthly or annual)
- A switch of the Base tier's billing interval from monthly to annual (a switch from annual to monthly takes effect at the end of the annual period, creates no new payment obligation, and opens no new withdrawal period)
- An upgrade from a lower service tier to a higher service tier (e.g. Basic to Premium)
- The addition of one or more properties beyond the included allowance
- The pre-provisioning of paid property capacity by the account holder (each such capacity booking)
- The approval by the account holder of a property addition initiated by an authorised member
The list above is illustrative, not exhaustive. The governing rule is this: any change that creates a new payment obligation opens its own independent 14-day withdrawal period — running from the moment that change takes effect, whatever the underlying provisioning or billing mechanism — while any change that creates no new payment obligation opens no new period. Howsoever our pricing and property capacity may be structured from time to time, this rule determines whether a withdrawal period arises. Where you add more than one property, each property added beyond the included allowance is itself a chargeable change opening its own 14-day period for that increment. For paid capacity provisioned in advance, the period runs from the time the capacity booking takes effect; the later filling of an already-paid slot opens no new period. For a member-initiated addition that requires the account holder's approval, the chargeable change is concluded — and the period runs — from the moment of that approval, and any provisional access granted to the member beforehand is free of charge and does not affect the period.
The right of withdrawal and the consent to immediate performance rest exclusively with the account holder as the sole contracting party. Chargeable changes initiated by authorised members of the account holder's organisation are attributed to the account holder and concluded in the account holder's name; members hold no separate right of withdrawal or consent.
A pure downgrade, the removal of properties, the filling of an already-paid pre-provisioned capacity slot, provisional access granted to a member before the account holder's approval, or the cancellation of a subscription does not trigger a new withdrawal period, because no new payment obligation is created.
The right of withdrawal does not apply to:
- The free Basic tier (no payment is made and no contract for paid services exists);
- Any subscription for which you chose the business customer type at the first purchase, as that type is locked for the whole subscription. This lock fixes only the chosen contractual treatment; it never removes the statutory right of withdrawal of a person who is in fact a Consumer (§ 13 BGB) and did not deliberately misdeclare.
2. Scope of withdrawal under this contract
The withdrawal instruction set out in Section 2a below applies to every paid contract concluded with you. Because our Subscription is composed of a Base tier and per-property capacity, the instruction operates as follows in the context of this contract:
- Any separately chargeable change — that is, any change that creates a new payment obligation — is treated as a separate contract change and opens its own, independent 14-day withdrawal period that runs from the day on which that change was concluded, whatever the underlying provisioning or billing mechanism. This includes, without limitation, the initial paid subscription, a switch of the Base tier from monthly to annual billing, a tier upgrade (Basic to Premium), the addition of one or more properties, and the provisioning of paid property capacity by the account holder (whether provisioned automatically, in advance, from a pool, or subject to approval). Each property added beyond the included allowance is itself a chargeable change opening its own 14-day period for that increment; where capacity is provisioned in advance the period runs from when the capacity booking takes effect, and for an approval-gated addition from the account holder's approval.
- Any change that creates no new payment obligation opens no new withdrawal period. This includes, without limitation, a pure downgrade, the removal of properties, the filling of an already-paid provisioned slot, provisional access granted to a member before approval, and termination of a subscription.
This framing does not modify the statutory right; it merely explains how it applies to a Subscription composed of a Base tier and per-property capacity.
2a. Withdrawal instruction
This instruction is the English-language equivalent of the statutory model in Anlage 1 zu Art. 246a § 1 Abs. 2 Satz 1 Nr. 1 und § 2 Abs. 2 Nr. 2 EGBGB. Where the contract language between you and us is German, the German wording of Anlage 1 applies and is reproduced verbatim in our German-language withdrawal notice.
Right of withdrawal. You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period expires fourteen days after the day of the conclusion of the contract.
How to exercise. To exercise your right of withdrawal, you must inform us — Ilya Baskakov, Von-Müller-Straße 15a, 82467 Garmisch-Partenkirchen, Germany, tel.: +49 176 26554582, email: support@dein-eigentum.de — of your decision to withdraw from this contract by an unequivocal statement (for example, a letter sent by post, fax, or email). You may use the model withdrawal form set out in Section 7, but it is not obligatory. You may also fill in and submit the model form or any other unequivocal statement electronically on our website at https://dein-eigentum.de/withdraw. If you use this electronic route, we will send you confirmation of receipt of your withdrawal without undue delay on a durable medium (e.g. by email).
Meeting the deadline. To meet the withdrawal deadline, it is sufficient that you send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal. If you withdraw from this contract, we will reimburse to you all payments received from you for the withdrawn contract change, including delivery costs (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 fourteen days from the day on which we receive your notice of withdrawal. We will use the same means of payment that 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 the reimbursement.
Pro-rata compensation (§ 357a BGB). If you expressly requested that the performance of the services begin during the withdrawal period, you shall pay us an amount which is in proportion to what has already been provided until you communicated to us your withdrawal, compared with the full scope of the contract. See Section 3 below for worked examples.
The statutory model instruction above is supplemented by the explanation of the pro-rata compensation (§ 357a BGB) in Section 3.
3. Effects of Withdrawal
If you withdraw from this contract, we will reimburse to you all payments received from you for the withdrawn contract without undue delay and in any event not later than 14 days from the day on which we receive your notice of withdrawal.
We will use the same means of payment as you used for the initial transaction for the reimbursement, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
Pro-rata compensation under § 357a BGB
If you expressly requested that the performance of the services begin during the withdrawal period (see Section 4), your refund is proportionate: it is the amount you paid for the withdrawn contract change minus the value of the days already used up to the moment you informed us of the withdrawal, calculated against the full scope of that contract change (§ 357a BGB). The number of days used is deducted because you requested and received the service during the withdrawal period. The refund is therefore, as a rule, less than the full price; if you withdraw on the day of the purchase itself, nothing has been used yet and you receive the full amount back.
Example (monthly Premium subscription, €29): if you withdraw after 5 full days of a 30-day billing cycle have elapsed, the value of the 5 days used is 5/30 × €29 = €4.83. We retain this amount and you receive a proportionate refund of €24.17.
Example (annual Premium subscription, €290): if you withdraw after 14 full days of a 365-day billing cycle have elapsed, the value of the 14 days used is 14/365 × €290 ≈ €11.12. We retain this amount and you receive a proportionate refund of approximately €278.88.
Example (one property added mid-cycle on Premium): a customer on Premium adds 1 property. At their current volume the graduated rate for that property is €4.00 per month, charged immediately at the time of adding, pro-rata for the remaining days of the current monthly capacity period. If 20 days remain, the prorated charge is 20/30 × €4.00 = €2.67. If they then withdraw after 6 full days with the property have elapsed, the value of those 6 days — 6/20 × €2.67 = €0.80 — is deducted and the remaining €1.87 is refunded; the underlying subscription is unaffected. The proportionate refund reflects the amount actually paid for this change after any credit already applied to you. Where a later change has already credited the charge for this added property back to you, that amount has in effect already been refunded to you via that credit, so little or nothing remains to be refunded for it.
4. Consent to Immediate Performance and Acknowledgement of Right Expiry (§ 356 BGB)
Because the platform is a digital service that is made available to you immediately upon contract conclusion, we ask you, before each chargeable transaction, to expressly confirm:
- that you request immediate performance of the services during the withdrawal period; and
- that you acknowledge that, in the case of services fully performed by us before the end of the withdrawal period, your right of withdrawal expires upon completion of the service (§ 356 (5) BGB).
Effects of consenting to immediate provision (§ 356 (5) BGB). When you start using the service before the 14-day withdrawal period ends, you ask us to begin performance immediately. For ongoing subscription services (such as continuous access to the platform across a billing cycle), the withdrawal right persists for the full 14-day period because the contract is not "fully performed" until the billing cycle ends; the only consequence for you is that you may owe a proportionate amount under § 357a (2) BGB for what we have already supplied. For services completed in full at a single point in time, your right of withdrawal is extinguished upon full performance.
This reflects the statutory classification of continuous platform access as a digital service (§ 327 (2) BGB): because such a service is not "fully performed" until the billing cycle ends, immediate provision of access does not exhaust the 14-day withdrawal right; its only effect is the proportionate compensation under § 357a (2) BGB.
We record your confirmation together with the version of this withdrawal notice in force at the time, your locale, the time of confirmation, and (where applicable) the IP address and user agent, in order to comply with § 312f BGB (durable medium and proof of pre-contractual information).
4a. Recurring Property Capacity — Immediate-Start Consent and Withdrawal
The statutory model withdrawal instruction above (Section 2a) and the consent regime in Section 4 apply unchanged to every provisioning of paid property capacity by the account holder, by whatever mechanism it is provisioned — automatically as properties are created, in advance, from a pool, subject to approval, or by any future mechanism. In addition, the following applies to any paid capacity that is billed on a recurring basis:
- One 14-day withdrawal period per booking, not per fill. The period runs from when the relevant capacity booking takes effect (Section 1). Filling an individual slot is the drawing-down of the booked (recurring) capacity — not a separate contract and not a separate withdrawal period. The booked capacity is billed on a recurring (monthly) basis whether or not the slots are filled; it is not a one-off purchased, stored balance, but a continuously billed, always-reducible reservation. Lowering the reservation stops future billing from the next billing cycle onward; no cash refund is issued for the running period — outside of a withdrawal, the running period is instead credited to the next invoice.
- Separate, non-pre-ticked consent. Before every such booking, we separately obtain your express, non-pre-ticked consent to the immediate start of performance and your acknowledgement that the right of withdrawal expires upon full performance (§ 356 (5) BGB) — consistent with Section 4, shown at the moment of booking. The consent text displayed reads: "I agree that performance starts immediately and acknowledge that my 14-day right of withdrawal expires upon full performance of the service (§ 356 (5) BGB)." Without this consent, there is no entitlement to immediate provision of the booked capacity during the withdrawal period.
- Wertersatz on withdrawal. If the booking is withdrawn within the withdrawal period, the refund follows Section 3 (proportionate, time-based Wertersatz under § 357a (2) BGB), computed period-by-period across the entire booking, regardless of how many slots were filled at the time of withdrawal. If the consent or the corresponding notice described in this section is missing or defective, no Wertersatz applies and the full amount paid is refunded.
Where paid capacity is instead offered as a genuine one-off purchase (a stored, prepaid balance rather than a recurring, reducible reservation), it is a separate chargeable change under the governing rule in Section 1: it opens its own 14-day period, and — being a service capable of full performance at once — the right expires on full performance where you have given the immediate-start consent above; otherwise the proportionate Wertersatz in Section 3 applies.
5. How to Withdraw
You can declare your withdrawal in any of the following ways. Each is equally valid:
- Online withdrawal function (§ 356a BGB): via the "Withdraw from contract" / "Vertrag widerrufen" function, linked in the footer of our website and available directly at https://dein-eigentum.de/withdraw — no login required. This function is separate from the cancellation button under § 312k BGB, which serves the ordinary termination of your subscription and does not declare a withdrawal.
- By email: support@dein-eigentum.de
- By post: Ilya Baskakov, Von-Müller-Straße 15a, 82467 Garmisch-Partenkirchen, Germany
- By using the model withdrawal form in Section 7 below.
You do not have to give a reason. You may use any wording that makes clear your intention to withdraw.
We will confirm receipt of your withdrawal without undue delay. The confirmation will be sent on a durable medium (email) and will reproduce the content of your withdrawal together with the date and time of its receipt. The refund follows within 14 days (see Section 3).
6. Withdrawal Button (§ 356a BGB)
In accordance with § 356a BGB (implementing Directive (EU) 2023/2673, in force from 19 June 2026), we provide a dedicated Widerrufsbutton on the platform. The button is labelled "Vertrag widerrufen" and is accessible without forced login, spatially separated from the cancellation button under § 312k BGB.
The statutory flow works as follows:
- First step (Widerrufsfunktion): click the link labelled "Vertrag widerrufen" ("Withdraw from contract") on our website, or open https://dein-eigentum.de/withdraw directly. Enter there, as provided by § 356a(2) BGB:
- (i) the name of the consumer (Name des/der Verbraucher(s));
- (ii) the data identifying the contract or the part of the contract you wish to withdraw from (Vertragsidentifizierung — e.g. order number, subscription identifier, date of the change you are withdrawing from); and
- (iii) an electronic address (email) to which we will send our confirmation reply (elektronische Adresse für die Eingangsbestätigung).
- Second step (Bestätigungsfunktion): to protect your contract data, we send a link to the email address you provided; on the confirmation page that opens, you select the purchase(s) you wish to withdraw from and complete your withdrawal by clicking the confirmation button labelled "Widerruf bestätigen" ("Confirm withdrawal").
You can use this flow at any time within the 14-day withdrawal period. The date you complete the confirmation counts as the date of your withdrawal declaration; if you prefer, you can always declare your withdrawal directly by email or post instead (Section 5), for which sending before the deadline suffices.
Confirmation email (§ 356a(4) BGB). We will send you immediate confirmation of receipt on a durable medium (email). In accordance with the verbatim requirements of § 356a(4) BGB, the confirmation email reproduces:
- the content of your withdrawal (Inhalt des Widerrufs), and
- the date and time of receipt (Datum und Uhrzeit des Zugangs)
together with a copy of your withdrawal statement. This acknowledgement of receipt confirms only that your declaration has reached us; it does not constitute an acknowledgement of the validity or scope of your withdrawal, which remains subject to review.
7. Model Withdrawal Form
You may, but are not required to, use the following form. Any unequivocal statement of withdrawal is sufficient.
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
To: Ilya Baskakov, Von-Müller-Straße 15a, 82467 Garmisch-Partenkirchen, Germany — email: support@dein-eigentum.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.
This English-language model mirrors Anlage 2 zu Art. 246a § 1 Abs. 2 Satz 1 Nr. 1 und § 2 Abs. 2 Nr. 2 EGBGB. Where the contract language is German, the German wording of Anlage 2 applies and is reproduced verbatim in our German-language withdrawal notice.
8. Contact for Withdrawal
If you have any questions about the right of withdrawal or wish to exercise it outside the online withdrawal function, please contact us:
Email: support@dein-eigentum.de Post: Ilya Baskakov, Von-Müller-Straße 15a, 82467 Garmisch-Partenkirchen, Germany
We will confirm receipt of your withdrawal without undue delay and process your refund within 14 days.
The effective date of this version is displayed above this document.