When purchased from the Minitab Store by cleverbridge, any Minitab product or subscription that has not been activated or accessed may be returned without explanation to cleverbridge for a full refund of only the purchase price within 30 days of receipt or download. Delivery charges will not be refunded, and the customer will bear the costs of return shipping to cleverbridge.
For additional details, please contact a representative of cleverbridge.
RETURN POLICY FAQs CONCERNING THE RETURN POLICY FOR THE EUROPEAN UNION MARKET:
Q: Where can I find a description of the Consumer’s Right of Withdrawal under the German Civil Code?
A: The description of the Right of Withdrawal can be found here, or by selecting the Right of Withdrawal link at the bottom of the Minitab Store by cleverbridge home page.
Q: Where can I find the Return Policy for Purchases from the Minitab Store by cleverbridge from the European Union Member States?
A: The Return Policy can be found here.
Q: What is the governing law for Purchases from the Minitab Store by cleverbridge for persons from the European Union Member States?
A: For the use of the Minitab Store by cleverbridge:
The Minitab Store by cleverbridge is operated by a third-party vendor, cleverbridge AG , which is located in and incorporated under the laws of Germany. Depending on the Minitab Product the purchaser wishes to buy, the purchaser will be sold either a software key with which he/she can activate the Minitab Product, or a download link with which the purchaser can download the Minitab Product. This transaction through the Minitab Store by cleverbridge forms a contractual relationship between the purchaser and cleverbridge, and is subject to the cleverbridge Terms and Conditions, which specify that the use of the Minitab Store by cleverbridge out of a country other than the USA is governed by German law, including the German Civil Code. The rights and obligations of purchasers as they relate to the transaction of purchase are likewise governed by the German Civil Code. Purchases from the Minitab Store by cleverbridge will constitute “distance sales” under the German Civil Code, which provides for a 14 day “right of withdrawal” of consumers, i.e. the consumers’ right to withdraw from the purchase contract with respect to certain Minitab Products.
For Minitab Products:
After the purchaser has entered the software key or has used the download link he/she has paid for, the Minitab Product will be provided directly from Minitab. Rights and obligations as they pertain to the Minitab Product itself are governed by the applicable Minitab Software License Agreement between the parties as found online at www.minitab.com.
Q: I am a purchaser, do I have a Right of Withdrawal from my contract of purchase?
A: Under the German Civil Code a Right of Withdrawal is provided to a “customer who is a consumer.”
In some jurisdictions the terms “customer” and “consumer” are interchangeable for many purposes. However, under the German Civil Code those terms have specific meanings:
- “Customer”: Under the German Civil Code the word “customer” can apply to any purchaser – whether a living (or “natural”) person, or a business; and whether the purchase was made for personal use or for business use.
- “Consumer”: Under the German Civil Code a customer is a “consumer” if the customer is a living or “natural” person (for example, is not a business) buying for personal (not business) use.
- “Customer who is a consumer”: Customers who are “consumers” have a right of withdrawal from the contract under the German Civil Code. Therefore, by law the Right of Withdrawal applies only to customers of the Minitab Store by cleverbridge who are natural or living persons and who are purchasing Minitab Products for their personal use and not for the purpose of commercial business .
Q: What Rights of Withdrawal will I have if I am a business or purchasing on behalf of a business?
A: Under the German Civil Code the Right of Withdrawal applies only to customers of the Minitab Store by cleverbridge who are natural or living persons and who are purchasing Minitab Products for their personal use. The Right of Withdrawal does NOT extend to customers who are businesses or who are purchasing for business use.
Q: What Return Policy applies if I am a business or purchasing on behalf of a business?
A: When purchased from the Minitab Store by cleverbridge, any Minitab single-user license software product, book or manual, may be returned without explanation for a full refund of only the purchase price, within 30 days of receipt or download. Delivery charges will not be refunded, and the customer will bear the costs of return shipping to cleverbridge.
For additional details, please contact a representative of cleverbridge.
Q: What are my Rights Pertaining to Purchase if I purchase electronically-delivered Software from the Minitab Store by cleverbridge?
A: Under the German Civil Code the right of withdrawal does NOT apply to distance contracts for the delivery of:
(a) Goods … which are not suitable for return due to their nature (this includes the acquisition of software and software licenses by means of downloading), or
(b) … software if the consumer has broken the seal on provided storage media.
If you purchase Minitab Software Products from the Minitab Store by cleverbridge and choose to have them electronically delivered, or if you agree to the performance of the contract by activating the software, there is no 14-day right to withdraw from the contract under the German Civil Code, and you will not be entitled to a refund under the German Civil Code.
Although not required by law, Minitab will provide a limited refund of the purchase price of electronically-delivered Software when requested within 30 days of the purchase of the license. Within a reasonable time of receiving an unequivocal statement (which could be, for example, a letter sent by mail, fax, or email) that you want a refund, the refund will be processed and the electronic entitlement for that Software will be terminated.
Q: What are my Rights Pertaining to Purchase if I purchase Minitab Software Products on Sealed Back-Up CDs from the Minitab Store by cleverbridge?
A: Under the German Civil Code there is NO right of withdrawal for distance contracts involving the supply of sealed computer software which was unsealed after delivery. However, Minitab may provide a limited refund under certain circumstances.
If you are a “consumer” under the German Civil Code, and the Software was NOT unsealed after delivery and you wish to return the Software, you may, within the withdrawal period, request a full refund, including the initial basic delivery charge but not including the difference for any enhanced delivery charges (for example, overnight shipping), according to the procedure in Section D below, “ How to Exercise Your Right of Withdrawal from a Contract ."
If you purchase from the Minitab Store by cleverbridge a sealed back-up CD of a Minitab Software Product and that CD WAS unsealed after delivery, there is no 14-day right to withdraw from the contract under the German Civil Code, and you will not be entitled to a refund under the German Civil Code.
If you are NOT a “consumer” under the German Civil Code (for example, you are a business or purchasing for business use), and whether or not the Software was unsealed after delivery, Minitab will provide a limited refund as described here of the purchase price of the Software when requested in an unequivocal statement (which could be, for example, a letter sent by mail, fax, or email) within 30 days of the purchase of the license. Delivery charges will not be refunded, and the customer will bear the costs of return shipping to cleverbridge.
Q: What are my Rights Pertaining to Purchase if I purchase goods such as books and manuals from the Minitab Store by cleverbridge?
A: Under the German Civil Code there is a right of withdrawal for consumers for distance contracts involving the supply of goods if the withdrawal is communicated in an unequivocal statement within the 14 day withdrawal period. Minitab may provide a limited refund for business customers under certain circumstances.
If you are a "consumer" under the German Civil Code and you purchase any book or manual from the Minitab Store by cleverbridge you may, within the withdrawal period, request a full refund, including the initial basic delivery charge but not including the difference for any enhanced delivery charges (for example, overnight shipping), according to the procedure in Section D below, “How to Exercise Your Right of Withdrawal from a Contract."
If you are NOT a “consumer” under the German Civil Code (for example, you are a business or purchasing for business use), Minitab will provide a limited refund as described here of the purchase price of the Software when requested in an unequivocal statement (which could be, for example, a letter sent by mail, fax, or email) within 30 days of the purchase of the license. Delivery charges will not be refunded, and the customer will bear the costs of return shipping to cleverbridge.
Q: How do I exercise my Right of Withdrawal from a contract?
A: If you are entitled to the Right of Withdrawal under the German Civil Code, you need not explain why you want a refund, but you must send to cleverbridge, before the 14 day withdrawal period expires, an unequivocal statement (which could be, for example, a letter sent by mail, fax, or email) that you want a refund. Or you can simply return the goods if you can do so within the 14 day withdrawal period.
You must return the products to cleverbridge without undue delay and in any event not later than 14 days from the day on which you told cleverbridge that you wanted to withdraw from the contract. The contact information for cleverbridge is below.
In the case of goods deliveries, the 14 day withdrawal period will not begin before the goods have been received by you or a person designated by you (other than the carrier), in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery, or in the case of services being performed, not before conclusion of the contract. The timely dispatch of your notice of withdrawal or of the received goods is sufficient for compliance with the withdrawal period.
You will receive a full refund of the purchase price, including the initial basic delivery charge and return shipping, but not including the difference for any enhanced delivery charges (for example, overnight shipping). You will receive your refund without undue delay and in any event not later than 14 days from the day on which you informed cleverbridge that you wished to withdraw from the contract, and you will not incur any fees as a result of the reimbursement.
We will reimburse you using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise.
If the purchase was of Minitab Software Products on Sealed Back-Up CDs, or other physical goods, we may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
Q: How do I contact cleverbridge?
A: cleverbridge can be contacted at:
Mail: cleverbridge AG, Gereonstr. 43-65, 50670 Cologne, Germany
Email: cs@cleverbridge.com.
Q: To what address do I return items?
A: Items purchased through the Minitab Store by cleverbridge must be returned to cleverbridge at:
Address: cleverbridge AG, Gereonstr. 43-65, 50670 Cologne, Germany
Consumer's Right of Withdrawal Under the German Civil Code
A customer who is a consumer may within fourteen (14) days withdraw their statement that a contract has been entered into in text form (e.g. letter, fax or e-mail) without providing grounds or, where the item is surrendered to you before expiry of the deadline, by returning the item. The withdrawal period commences upon receipt of such instruction in text form, upon delivery of the goods but not before the goods are received by the addressee (in the case of recurring deliveries of similar goods, not before receipt of the first part delivery), in the case of the performance of Services not until the contract is entered into and, both in the case of the performance of Services and in the case of goods deliveries, not until compliance with cleverbridge's information obligations under Article 246 Section 2 in conjunction with Section 1 Para. 1 of the German Introductory Act to the Civil Code ("EGBGB") as well as cleverbridge's obligations under Section 312 g Para. 1 Sentence 1 of the Federal Civil Code in conjunction with Article 246 Section 3 of the EGBGB. For compliance with the withdrawal deadline it is sufficient to send the withdrawal or the item on time. Notice of withdrawal shall be addressed to cleverbridge AG, Gereonstr. 43-65, 50670 Cologne, Germany or by e-mail to cs@cleverbridge.com.
Legal consequences of withdrawal
1. Where withdrawal is effective the performance given by both sides is to be returned and where relevant the use and enjoyment derived (e.g. compensation for benefits obtained or interest) shall be surrendered. Where the consumer is unable to surrender or return the performance or use and enjoyment or to surrender or return them to cleverbridge in full or only in a worse condition then he/she shall where relevant provide an appropriate amount of compensation. To the extent the performance of the Services is the subject of the contract this can lead to the consumer's nonetheless being obliged to continue payments for the period prior to cancellation. The consumer shall only be obliged to pay compensation for deterioration in the item where the deterioration is attributable to the handling of the item in a way that goes beyond an inspection of the features and operation. "Inspection of the features and operation" shall be understood as the testing and trying out of the item as is possible and usual in a shop. Otherwise the consumer may avoid the obligation to pay compensation for loss of value or use in respect of damage occurring during the use of the item in accordance with its purpose by not treating the item as his/her property and refraining from doing anything affecting its value.
2. Items that can be sent as packages shall be returned to cleverbridge at the latter's risk. The consumer shall bear the cost of returning the items if the goods delivered match those ordered and if the price of the item to be returned does not exceed EUR 40 or if, in the case of a higher price for the item, at the time of withdrawal the consumer had not yet carried out counter-performance or a contractually agreed part-payment. Otherwise, returns are free of charge to the consumer. Items not capable of being sent as packages will be collected from the consumer. Payment reimbursement obligations shall be met within thirty (30) days. The relevant period commences for the consumer upon the sending of his/her notice of withdrawal or of the item, and for cleverbridge upon receipt of the same.
3. The consumer's withdrawal right expires early in the case of the provision of a Service if the contract is performed in full at the express wish of the consumer before the consumer has exercised his/her withdrawal right.
4. Under Section 312d Para. 4 of the Federal Civil Code the withdrawal right does not, on principle, exist in the case of distance contracts for the delivery of:
- Goods that have been manufactured in accordance with the consumer's specifications or are clearly tailored to personal requirements or which, given their nature are not suitable to be returned (this includes the receipt of Software and Software licenses by means of downloads), or
- Audio or video recordings or of Software, where the data carriers supplied have been unsealed by the consumer.