CopeCart GmbH is an online service provider that brokers contracts for digital products such as online coaching or online mentoring. However, many customers are dissatisfied with the services of the coaches or mentors and want to get out of the contracts. But is that possible at all? And if so, how? This text explains the legal options for revoking, terminating or contesting a contract with CopeCart.

Table of contents

  1. What is CopeCart GmbH and how does it work?
  2. What are the advantages and disadvantages of CopeCart for online shoppers?
  3. What are the allegations against CopeCart GmbH?
  4. How can one defend oneself?
  5. How can you revoke a contract with CopeCart GmbH?
  6. What are the most common problems with revocation?
  7. CopeCart GmbH – Professional help

What is CopeCart GmbH and how does it work?

CopeCart GmbH is an online platform that allows you to sell digital products, physical products and services quickly. CopeCart takes on the role of the reseller and takes care of all legal and technical aspects of the sales process, such as:

  • The creation of sales-promoting and conversion-optimised checkouts
  • The processing of payments using various payment methods
  • The issuing and sending of invoices to customers
  • The provision of download links or access data for digital products
  • The connection of external service providers for the dispatch of physical products
  • The automation of payment reminders and collection in case of non-payment
  • The calculation and payment of sales tax for different countries
  • The creation of detailed statistics and reports on your sales

CopeCart works on the principle of “No Cure, No Pay”. This means that you do not have to pay any monthly fees or set-up costs, but only give a small commission per sale to CopeCart. This commission varies depending on the product type and is between 2% and 9.9% of the net sales price.

To use CopeCart GmbH, you must first register free of charge and fill out your profile. You can then create your products as offers and create your own online shop with just a few clicks.

You can sell your products either directly via your online shop or via individual checkouts that you embed on your own website or in your emails. In addition, you can invite affiliate partners to promote your products and receive a commission.

What are the advantages and disadvantages of CopeCart for online shoppers?

CopeCart is a payment provider that allows online shoppers to purchase digital products, physical products or services from different providers. In doing so, CopeCart offers some advantages and disadvantages for buyers, which are listed below.

Advantages of CopeCart for online shoppers

Easy and fast payment processing: CopeCart offers various payment methods, such as PayPal, credit card, direct debit or instant bank transfer. Payment is made directly via CopeCart’s sales-optimised checkouts, which ensure a high conversion rate and a good user experience. Shoppers do not need to register or log in to CopeCart to make a payment.

High security and data protection: CopeCart is a German payment provider that meets the legal requirements for data protection and data security. The buyer’s data is transmitted in encrypted form and is not passed on to third parties. CopeCart also has an SSL certificate and a TÜV seal for tested payment security.

Flexibility and transparency: CopeCart allows shoppers to collect various products from different suppliers in one shopping cart and complete them with a single payment. Buyers receive a clear invoice by e-mail listing all the products purchased and the corresponding suppliers. Buyers can also check the status of their orders at any time and contact CopeCart’s customer service if necessary.

Disadvantages of CopeCart for online shoppers

Dependence on vendors: CopeCart is only a payment provider and not a vendor or supplier of the products. This means that the quality, content and delivery of the products depend on the respective providers. CopeCart has no influence on these factors and therefore cannot assume any guarantee or liability for them.

No marketplace or comparison portal: CopeCart does not offer the possibility to compare or rate different products or suppliers. Buyers must therefore inform themselves and decide which products or providers are suitable for them. CopeCart also does not offer a search function or filter options to search specifically for certain products or suppliers.

No direct communication with the suppliers: CopeCart acts as an intermediary between the buyers and the suppliers and takes care of the payment processing. However, the buyers have no possibility to communicate directly with the sellers or to give them feedback. Buyers therefore have to contact the sellers by email or phone if they have questions or concerns.

What are the allegations against CopeCart GmbH?

However, CopeCart GmbH has come under criticism for entering into contracts with participants that may be invalid or at least subject to revocation, termination or challenge. This section explains the most common allegations against CopeCart GmbH and how to defend oneself against them as an affected party.

The allegations against CopeCart GmbH can be divided into three categories:

  1. The revocation instructions are ineffective or are not accepted.
  2. The contracts are void because they require a state licence, which CopeCart does not have.
  3. The contracts can be challenged because they were concluded under deception or error.

The revocation instructions are ineffective or are not accepted

CopeCart GmbH hides its cancellation instructions in its General Terms and Conditions (GTC), which are often not sufficiently taken note of. In addition, CopeCart GmbH often claims that the participants have acted as entrepreneurs and therefore have no right of withdrawal or that they have waived their right of withdrawal.

However, these arguments are mostly untenable because the participants are usually to be regarded as consumers and a waiver of the right of withdrawal is only effective if it is expressly and separately declared. Therefore, participants can usually exercise their right of withdrawal and revoke the contract within 14 days of the conclusion of the contract.

The contracts are void because they require a state licence, which CopeCart does not have.

In Germany, anyone offering online coaching or mentoring for a fee usually needs state approval according to the Distance Learning Protection Act (FernUSG). However, CopeCart GmbH does not have this authorisation, which means that it is not legally allowed to offer any online coaching at all.

The contracts concluded with CopeCart GmbH are therefore already invalid, regardless of whether the participant is a consumer or whether he/she claimed the coaching as an entrepreneur. Ineffective contracts do not have to be paid and those affected can demand their money back.

CopeCart GmbH – Deception or Error? Contracts can be contested

Another accusation against CopeCart GmbH is that it deceived participants by making false or misleading statements about the quality, content or benefits of the coaching sessions. This can be the case, for example, if the coaches do not have sufficient qualifications or experience, if the coaching sessions do not offer individual support or if the promised results cannot be achieved.

If a participant has concluded the contract on the basis of such deception, he or she can challenge it on the grounds of fraudulent misrepresentation. Similarly, a participant may rescind the contract if he or she was mistaken about an essential characteristic of the coaching when the contract was concluded. However, a contestation must be made within one year after knowledge of the reason for contestation.

How can you defend yourself?

If you have concluded a contract with CopeCart GmbH for the purchase or use of a product or service, you can dissolve this contract under certain conditions. There are three ways to do this.

CopeCart GmbH revocation

Revocation is generally possible if the customer is acting as a consumer and the contract was concluded at a distance. This means if the customer has concluded the contract online or by telephone without meeting the coach or mentor in person. The revocation must be declared within 14 days after conclusion of the contract and must be addressed to CopeCart, as CopeCart is the Customer’s contractual partner.

CopeCart GmbH cannot rely on the fact that the Customer has waived his right of withdrawal if the information on the right of withdrawal has not been provided properly. This is the case, for example, if the revocation instruction is hidden in the GTC or does not contain all the required information. The revocation leads to the contract being cancelled and the customer can demand his payments back.


Termination is possible if the contract contains a clause to this effect or if there is good cause. An important reason can be, for example, that the coach or mentor does not provide his or her services or only provides them inadequately or that the client can no longer make use of the services for personal reasons.

The termination must also be addressed to CopeCart and should be in writing. The termination terminates the contract for the future and the Customer only has to pay for the services provided until then.

Rescission: CopeCart GmbH

A rescission is possible if the customer was subject to an error at the time of the conclusion of the contract or was fraudulently deceived. An error can be, for example, that the client thought he was concluding the contract with the coach or mentor directly and not with CopeCart. A fraudulent misrepresentation can be, for example, that the coach or mentor made false statements about his or her qualifications or achievements or that he or she made unrealistic promises to the client.

The challenge must be declared within one year after knowledge of the reason for challenge and must be addressed to CopeCart. The contestation leads to the contract becoming ineffective from the beginning and the customer can demand his payments back.

How can a contract with CopeCart GmbH be revoked?

A contract with CopeCart can be revoked for various reasons. The most important points are:

  • A revocation is a unilateral declaration with which one can withdraw from a contract without there having to be an important reason.
  • A cancellation must be made within a certain period of time, which can vary depending on the type of contract.
  • A revocation must also be addressed to the correct contractual partner, which in this case is CopeCart GmbH.

The following points are intended to provide an overview of the aspects of a revocation of a contract with CopeCart:

Cancellation period: The cancellation period is usually 14 days from the day of the conclusion of the contract. However, this period can be extended if CopeCart has not properly informed the Customer of his right of withdrawal. This can be the case, for example, if the revocation instruction is hidden in the General Terms and Conditions (GTC) or does not contain all the required information. The period can then be up to 12 months and 14 days.

Form of withdrawal: The withdrawal must be made in writing, for example by e-mail, letter or fax. It is not enough to simply stop using or paying for the contract. The revocation must make it clear that you want to withdraw from the contract and which contract is meant. It is advisable to request a confirmation of the cancellation from CopeCart.

Consequences of revocation: If the revocation is effective, the contract will be reversed. This means that both parties must return the services they have received. The client may therefore no longer have to pay for coaching services already received or receive back amounts already paid.

CopeCart may not charge any fees or costs for this. However, CopeCart may demand compensation for the value of the services already provided if the Client has expressly agreed that the coaching should begin before the end of the withdrawal period. However, the compensation must be reasonable and comprehensible.

Waiver of revocation: CopeCart GmbH cannot invoke a waiver of revocation if Customer is acting as a consumer. A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.

A waiver of revocation is only possible if the customer acts as an entrepreneur and clearly expresses this. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or self-employed professional activity.

A mere reference to a VAT identification number or an email address with a company name is not sufficient for this. In addition, the waiver of revocation must be formulated in a clear and comprehensible manner and must be expressly confirmed by the customer.

What are the most common problems with the revocation?

The CopeCart GmbH revocation is a unilateral declaration of intent with which a consumer can withdraw from a distance contract. A distance contract exists if the contract is concluded between an entrepreneur and a consumer using exclusively means of distance communication such as telephone, e-mail or internet.

CopeCart offers various products and services from various suppliers. These can be physical goods, digital content or software as a service (SaaS). Depending on the type of product, different rules apply to the withdrawal.

The most common problems and solutions for a CopeCart revocation are:

1. Cancellation right waiver

Some providers claim that the customer has waived their right of withdrawal by wanting to use the product immediately or by ticking the appropriate box. However, this is only effective if the customer has expressly waived his right of withdrawal in full knowledge of the consequences.

In addition, the provider must have informed the customer about the modalities of the waiver. If these requirements are not met, the customer can still revoke the contract.

2. SaaS products

In the case of SaaS Products, Customer does not acquire any direct rights of use from CopeCart, but only the right to request the transfer of the corresponding rights of use from the specified manufacturer. The SaaS Product is transferred by the manufacturer, who also becomes Customer’s contractual partner.

This means that Customer must address its revocation directly to the Manufacturer and not to CopeCart. The Manufacturer must inform the Customer about his right of withdrawal and the consequences of a withdrawal.

3. Digital contents

In the case of digital content such as e-books or online courses, Customer’s right of withdrawal expires when Customer starts downloading or streaming, provided that Customer has previously given its express consent and confirmed its knowledge of the expiry of the right of withdrawal. In the absence of such consent or confirmation, Customer may revoke the contract.

In order to declare a CopeCart revocation, the customer must send a clear declaration on a durable data medium (e.g. letter, e-mail) to the respective provider. He can use the model revocation form for this purpose, which must be made available to him by the Provider. D

The customer must state his name, address and order number. The revocation must be made within 14 days from the conclusion of the contract or from the receipt of the goods.

CopeCart GmbH – Professional help

If CopeCart GmbH does not accept the revocation or delays it, the customer can enforce his rights in court. In doing so, he should contact a lawyer who can advise and represent him. There are also various consumer protection organisations that can help with disputes with online providers.

Feel free to contact the lawyers at the Herfurtner law firm and tell us about your experience. We offer a free initial consultation nationwide and throughout the German-speaking world.