Refund & Cancellation Policy

Last Updated: February 2026

1. Scope and General Provisions

This Refund & Cancellation Policy ("Policy") applies to all services provided by Smicolon GmbH ("Company," "we," "us," or "our") to both business-to-business (B2B) and business-to-consumer (B2C) customers. Smicolon GmbH provides IT Consulting and Software Development as a Service (SDaaS), delivered as fixed monthly subscription services with dedicated development hours. Our services are non-physical, digital services only.

Unless expressly stated otherwise in a written service agreement, this Policy governs all service deliveries and contractual arrangements between Smicolon GmbH and its customers.

2. No Refund Policy

Services provided by Smicolon GmbH are non-refundable once they have been delivered or rendered to the customer. This includes, but is not limited to:

Consulting hours and expert advisory services
Software development services and code delivery
Technical support and maintenance services
Access to digital platforms, tools, and development environments
Training and knowledge transfer sessions

Customers acknowledge that once services begin to be performed, they cannot be refunded, reversed, or cancelled for any reason, as the services are delivered immediately upon provision.

3. Cancellation and Termination

Service contracts with Smicolon GmbH run continuously for the duration of the agreed contract term specified in the service agreement. Customers understand and agree that:

No early termination or cancellation is permitted before the agreed contract end date, except as expressly permitted in the written service agreement.
Contracts automatically continue on a month-to-month or annual basis (as agreed) after the initial term unless either party provides written notice of non-renewal at least 30 days before the contract end date.
Customers remain responsible for all invoiced fees for the duration of the contracted service period.
Termination for material breach may be permitted only if the breaching party fails to remedy the breach within 14 days of written notice.

All costs incurred during the contract term, including monthly service fees for dedicated development hours, are non-refundable.

4. Right of Withdrawal for Consumers (B2C)

EU Directive 2011/83/EU grants certain consumers a 14-day right of withdrawal from distance contracts. However, this right is subject to important limitations, particularly for digital services:

General Right of Withdrawal

Consumers (B2C customers) have the right to withdraw from their contract within 14 calendar days of signature, without penalty and without providing any reason. The withdrawal period begins on the date the contract is signed or the consumer is notified of acceptance.

Exception for Services Already Performed

Per EU Directive 2011/83/EU, Article 16(m), the right of withdrawal does NOT apply to "the supply of services, if the performance has begun before the end of the 14-day period with the consumer's prior express consent and acknowledgement that he or she will lose the right of withdrawal once the performance of the contract has begun."

Because Smicolon GmbH provides digital services (IT consulting, software development, etc.) that are performed immediately upon the customer's request, and because customers explicitly consent to performance beginning before the 14-day withdrawal period ends (as documented in their signed service agreement), the right of withdrawal does not apply once services have begun.

How to Exercise Withdrawal Rights (Before Performance Begins)

Consumers who wish to withdraw before services have begun must submit written notice of withdrawal to:

Smicolon GmbH, info@smicolon.com, Karl-Kessler-Str 1, 85551 Kirchheim b. München, Germany

5. Exceptions

The following exceptions apply to Smicolon GmbH's non-refund policy:

Billing Errors

If a customer is overcharged due to a billing error, Smicolon GmbH will correct the invoice and issue a credit or refund for the erroneous amount. Customers must report billing discrepancies within 30 days of invoice issuance.

Services Not Rendered

If Smicolon GmbH fails to deliver or render agreed-upon services, the customer may be eligible for a partial refund or service credit, to be determined on a case-by-case basis. Customers must provide written notice of non-performance within 14 days of the missed delivery date.

Defective or Unusable Services

If delivered services are defective or unusable due to Company fault (e.g., code that does not function as specified), Smicolon GmbH will remediate the issue at no additional cost. If remediation is not possible, a service credit may be offered at the Company's discretion.

6. Dispute Resolution

Any disputes arising from this Policy or service agreements shall first be addressed through good-faith negotiation between the parties. If a dispute cannot be resolved within 14 days of written notice, the parties agree to attempt mediation before pursuing legal action.

7. Governing Law & Jurisdiction

This Policy and all service agreements are governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding conflict of law principles. Any legal proceedings or disputes shall be brought exclusively before the courts of Munich, Germany.

8. Contact Information

For questions or concerns regarding this Refund & Cancellation Policy, please contact:

Smicolon GmbH

Managing Director: Mohamed Hussein

Address: Karl-Kessler-Str 1, 85551 Kirchheim b. München, Germany

Email: info@smicolon.com

Website: smicolon.com

Commercial Register (HRB): 282790 (Amtsgericht München)

VAT ID (USt-IdNr.): DE353814199