"Immediate access, no refund": what this option does

When a consumer buys at a distance, they normally have 14 days to withdraw and be refunded. Article L221-28 13° of the French Consumer Code provides an exception for digital content not supplied on a tangible medium (an online course, for example): the right of withdrawal cannot be exercised if performance has begun with the consumer's prior express consent and their express waiver of the right of withdrawal.

ABEERY's option is used to collect this consent and this waiver before payment, and to keep a record of them.

In Offers, open an offer that includes a course. In the "Course included" block, turn on "Immediate access, no refund". The option is off by default; only the owner and the administrators of the Workspace can set it.

The text of the box is suggested by default:

"I ask for immediate access to the course and I acknowledge that I lose my right of withdrawal as soon as the access begins."

You can change it ("Edit"), between 20 and 1,000 characters. You are responsible for the text you choose: it must state clearly that the buyer asks for immediate access and waives their right of withdrawal.

• On the course's purchase page, as on the payment link page of the offer, a checkbox, unticked at the start, with your text and the note "Required to continue."
• Until the box is ticked, payment cannot begin: the check is made by the server, not only by the page.
• If you change the text while a buyer is on the page, they are asked to read it again and tick it again.
• On Stripe's payment page, your text is recalled next to the payment button.
• After payment, access opens immediately: the buyer receives an email with their personal access link.

When the buyer ticks the box and before they pay, ABEERY records:

• the date and time of the consent;
• the exact text of the box, as they ticked it;
• their email address;
• the offer and the course concerned;
• the payment reference, then the sale once payment has been received.

No IP address and no information about their browser is recorded.

The record is append-only: it is never modified and never erased, except when your Workspace is deleted. It therefore remains even if the buyer deletes their student account, if you remove their access or if you delete the contact. A consent may exist without a sale, if the buyer ticked the box and then decided not to pay.

The confirmation email sent to the buyer recalls their consent, with the date, the time and the exact text of the box they ticked.

Viewing consents. Consents cannot be viewed in the application and are not included in the export of your data: on simple request to contact@abeery.com, ABEERY sends you the consents recorded in your Workspace.

• It applies only to payments through the platform (purchase page, payment link). A sale you enter by hand enrols the buyer without any box or any consent: it is up to you to obtain and keep their consent by other means.
• With the option off, ABEERY shows the buyer no notice about withdrawal: if they are a consumer, they keep their 14-day right of withdrawal, and it is up to you to inform them of it and to act on it.
• It does not provide your terms of sale. ABEERY does not provide a template of terms of sale. Your pre-contractual information (identity, price, characteristics of the course, access period, withdrawal conditions) is your responsibility. Your legal notice is shown on your pages if you have filled it in.
• It does not prevent you from refunding. A goodwill refund remains possible from Sales. A full refund removes the course access opened by that sale (you can restore it from the sale); a partial refund leaves it. ABEERY's 3% commission is returned in proportion to the amount refunded.
• It does not concern business buyers, who have no statutory right of withdrawal: the box is shown to them in the same way.

1. Choose the text of the box and take responsibility for it.
2. Inform your buyers, before purchase, of your terms of sale and of the loss of the right of withdrawal.
3. For a sale entered by hand, collect the consent yourself.
4. Keep your own evidence if you need it beyond what ABEERY records.

contact@abeery.com