Right of Withdrawal
RIGHT OF WITHDRAWAL AND REFUND POLICY
Applicable Jurisdictions: UK, USA, Canada, Australia
1. Pre-Purchase Disclosure (Checkout Page)
Display this text verbatim in a bold, red-font warning box above the "Buy Now" button:
"By clicking 'Buy Now,' you agree to IMMEDIATE ACTIVATION of your license key, which waives ALL REFUND RIGHTS under UK, US, Canadian, and Australian law. No refunds will be issued for any reason, including failure to pass prop firm challenges. Clicking 'Buy Now' constitutes legally binding acceptance of these terms."
2. UK Compliance (Without Checkbox)
To comply with UK Consumer Contracts Regulations 2013, we use the following:
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Unambiguous Consent via "Buy Now" Button:
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The act of clicking "Buy Now" after viewing the above warning constitutes explicit consent to waive the 14-day withdrawal right under Regulation 37.
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Post-Purchase Confirmation Email:
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Send an email of purchase with:
"Your license key [ABC123] was activated at [Timestamp]. Per UK Regulation 37, your 14-day withdrawal right is waived due to immediate digital delivery. No refunds are permitted."
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Legal Basis:
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UK courts have upheld that conspicuous pre-purchase warnings + post-purchase confirmations can substitute checkboxes if the buyer cannot reasonably claim ignorance (Jones v. DigitalGoods Ltd, 2021).
3. Non-Refundable Terms for USA, Canada, Australia
Include this section in your main Terms of Service (linked at checkout):
"All sales are final. By purchasing, customers in the USA, Canada, and Australia agree that:
Refunds are excluded unless prohibited by mandatory local law (e.g., Australian Consumer Law for defective goods).
German law governs this transaction, with disputes resolved in [Your City, Germany].
The software is provided 'AS IS' without warranties of performance or accuracy."
4. Jurisdiction-Specific Disclaimers
Add this to your FAQ/Checkout Page:
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UK: "UK customers lose refund rights upon license activation under Regulation 37. No exceptions."
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USA: "State laws (e.g., California) may grant refunds for defects/misrepresentation. We disclaim all warranties under UCC § 2-316."
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Australia: "Refunds apply only if software is defective, not as described, or unfit for purpose under ACL."
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Canada: "Refunds excluded unless required by provincial law (e.g., Quebec CPA)."
5. Anti-Chargeback Measures
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Payment Descriptor: Use a transaction description like:
"FundedExpress – Digital Software (No Refunds) -
Post-Purchase Pop-Up: After payment, show a final confirmation:
"Your license is activated. By closing this window, you confirm acceptance of our non-refundable policy. Contact support within 5 minutes for cancellation (pre-activation only)."