The consumer has no right of withdrawal (right of cancellation) for the delivery of digital content not stored on a physical data carrier if the entrepreneur - with the express consent of the consumer, combined with the consumer's confirmation of knowledge of the loss of the right of withdrawal (right of cancellation) in the event of premature commencement of the contract performance and after providing a copy or confirmation in accordance with Section 7 Paragraph 3 FAGG - has begun delivery before the expiry of the otherwise existing withdrawal period.
According to Section 7 Paragraph 3 FAGG, the consumer will be provided with a confirmation of the concluded contract on a permanent data medium (e.g. email) together with the information specified in Section 4 Paragraph 1 FAGG within a reasonable period of time after the conclusion of the contract, but no later than before the service is provided, unless this information has already been made available on a permanent data medium. The contract confirmation will in any case contain a confirmation of consent to the immediate provision of the service and confirmation of the consumer's knowledge of the resulting loss of the right of withdrawal (right of cancellation)."