Last Updated: December 2021
Under applicable law, consumers in the European Union (EU), the European Economic Area (EEA) and the UK have a right to withdraw from or cancel certain purchases for a refund. Under certain circumstances, Molongui also voluntarily accepts refunds. We explain below how the refund rights apply to digital content that you purchase from Molongui.
Summary
Under applicable law, EU/EEA/UK consumers have a right to withdraw from contracts for digital content and services (as set out in “Full text” below), but this right is subject to exceptions. Molongui also has a refund policy to cover purchases on our website. We explain here how the two apply to digital content that you purchase from Molongui.
The right of withdrawal allows EU/EEA/UK consumers to withdraw from their purchase of digital services, software and other digital content within a period of time, usually 14 days. However, this right can end when the consumer explicitly agrees for the download to begin and acknowledges the loss of the right of withdrawal. So, you waive your EU/EEA/UK right of withdrawal when downloading and using your purchases.
Separately, and without restricting the EU/EEA/UK right of withdrawal, Molongui voluntarily offers a refund period to all customers worldwide (conditions apply). These rights are not the result of applicable law, but we provide these rights to you because we care about our users. This means that, even if you waive your EU/EEA/UK right of withdrawal by downloading and using your purchases immediately, you may still request a refund pursuant to our refund policy. The easiest and fastest way to request a refund is by visiting our online request system and selecting “Request to refund digital content”.
Full text
Molongui is obligated as a trader to inform you of the EU/EEA/UK right of withdrawal in very specific legal terms, which are below. If these terms in any way differ from our more informal “Summary” above, these terms shall prevail towards any EU/EEA/UK consumer.
If you have your habitual residence within a Member State of the European Union, of the European Economic Area or in the UK and are entering into a contract for digital content or services with Molongui as a consumer (i.e. for purposes which are outside your trade, business, craft or profession), you have the right to withdraw from the contract with Molongui as described below.
Early expiry of the right of withdrawal
For contracts regarding the provision of services, your right of withdrawal shall expire when the services have been fully performed but, if the contract places you under an obligation to pay, only if the performance was begun after (i) you gave your prior express consent to the beginning of the provision of the services and (ii) you acknowledged that you would thereby lose your right of withdrawal upon the services’ full performance.
For contracts regarding the supply of digital content that is not supplied on a tangible medium (e.g. apps, videos or other digital content that is provided for download), you will lose your right of withdrawal if the supply of the content has begun and, if the contract places you under an obligation to pay, where (i) you gave your prior express consent to begin supplying the content, (ii) you acknowledged that you thereby lose your right of withdrawal and (iii) we provided you with the confirmation of the contract that was concluded, on a durable medium (e.g. by email), including a confirmation of your prior express consent and acknowledgement to begin the performance.
Note that for contracts regarding the supply of physical goods, the rules for the EU/EEA/UK right of withdrawal are different.
Instruction on the statutory right of withdrawal for digital content
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us, Amitzy Spain SL, Monturiol 13, 08191, Rubí, Barcelona, Spain, of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post). You may use the model withdrawal form below, but this is not obligatory. You can also complete the below model withdrawal form and submit it or any other unequivocal statement on our website by following the instructions to submit a request at: https://www.molongui.com/contact/ If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by email) without 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
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.
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
To: Amitzy Spain SL, Monturiol 13, 08191, Rubí, Barcelona, Spain, FAO: Molongui customer support
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 services:
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.
End of instruction on the statutory right of withdrawal for digital content