Right of Withdrawal

Who this notice applies to

This notice applies to consumers who buy balance on railwail.com. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession (Section 13 of the German Civil Code, BGB). Balance is the only thing you pay for on railwail; every run is deducted from it, and there is no subscription and no base fee (Terms of Service, section 4). Your contractual partner is Philipp Schmid, Steinenberg 10, 88339 Bad Waldsee, Germany (see the imprint).

The withdrawal notice and the model withdrawal form follow the statutory German model (Annexes 1 and 2 to Article 246a Section 1(2) of the Introductory Act to the German Civil Code, EGBGB); the German version of this page follows the wording of that model.

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day of the conclusion of the contract.

To exercise the right of withdrawal, you must inform us (Philipp Schmid, Steinenberg 10, 88339 Bad Waldsee, Germany, email: [email protected]) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or an email). You may use the attached model withdrawal form, but it is not obligatory. You can also exercise your right of withdrawal online at https://railwail.com/withdrawal (button "Withdraw from contract"). If you use this online function, we will send you without undue delay an acknowledgement of receipt on a durable medium (e.g. by email) with information on the content of the withdrawal declaration and the date and time of its receipt.

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 fourteen 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.

Expiry of the right of withdrawal when the balance is provided immediately

Balance is digital content that is not supplied on a tangible medium. We credit it to your account as soon as the payment is completed, and you can use it for runs immediately. Under Section 356(6) BGB, the right of withdrawal for such a contract expires once the trader has begun performance after the consumer has expressly agreed that performance begins before the end of the withdrawal period and has acknowledged that, by giving this consent, they lose their right of withdrawal when performance begins, and the trader has provided the consumer with a confirmation of the contract under Section 312f BGB.

That is why, when topping up, you confirm with a checkbox before paying: “I request that the balance be made available immediately and I acknowledge that I thereby lose my right of withdrawal.” Without this confirmation you cannot buy balance. For automatic top-up you give the same confirmation when switching it on; it applies to every automatic top-up until you switch it off, and without it automatic top-up does not charge anything. We store the time of your confirmation together with the payment. After crediting the balance, we send you a confirmation of the contract by email that records your declaration with this time. With the crediting and this confirmation, your right of withdrawal for that top-up expires.

Independently of this, we refund unused purchased balance if you ask us within 14 days of the purchase; write to [email protected] (Terms of Service, section 4).