Terms and Conditions
Terms and Conditions
namotto academies & friends GmbH & Co. KG
1. General Information
These General Terms and Conditions (“GTC”) set forth the terms applicable to the purchase of the products offered between namotto academies & friends GmbH & Co. KG, Potsdamer Straße 125, 10783, Berlin, Germany (hereinafter “Seller” or “we”) and a consumer or business (hereinafter “Customer”) for the purchase of the products and services offered.
The seller acts as a reseller of products or services provided by another company (hereinafter referred to as the “product provider”).
For the purposes of these General Terms and Conditions, a “consumer” is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity, see § 13 BGB (hereinafter “consumer”). An “entrepreneur” within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the course of its commercial or self-employed professional activity, see Section 14 of the German Civil Code (BGB) (hereinafter “entrepreneur”).
Changes to these Terms and Conditions will be communicated to the customer in writing or in text form. If the customer does not object to such changes within four weeks of receiving the notice, the changes shall be deemed accepted by the customer.
Any conflicting general terms and conditions of the customer shall not become part of this contract. This applies even if the seller does not expressly object to their inclusion.
2. Conclusion of the Contract
The digital presentation of the products and services offered does not constitute a binding offer by the seller. By clicking the “Place Order” button (“Order”), the customer submits a binding offer within the meaning of § 145 of the German Civil Code (BGB) to enter into a contract regarding the digital product or digital service. The customer is bound by this offer for a period of one week after submitting it; the date on which the order is received by the seller is decisive. The consumer’s right of withdrawal, if applicable under Section 3, remains unaffected by this provision.
The seller will confirm receipt of the order to the customer via an automatically generated email. Such a confirmation does not constitute a binding acceptance of the customer's order.
If the seller confirms acceptance of the order, the seller will send a digital confirmation of acceptance to the email address previously provided by the customer. The contract is not concluded until this confirmation is sent. Acceptance may also be implied by the delivery of the digital product.
After the offer is accepted, the text of the contract will also be sent to the customer via email. If the customer has created a customer account, the text of the contract will also be saved in their customer account.
During the ordering process, the customer has the option to correct the information entered. Before completing the ordering process, the customer receives a summary of all order details and has the opportunity to review the information provided.
The contract is concluded in German.
The seller will contact the customer via email and through the automated order processing system. The customer must ensure that the email address provided is correct.
In the case of digital goods, the seller grants the customer a non-exclusive right, unlimited in terms of location and time, to use the digital content provided for both personal and business purposes. Sharing the content with third parties or reproducing it for third parties is not permitted unless the seller has granted permission.
If the contractual relationship between the seller and the product provider ends, we are entitled to terminate the contract with the customer at any time—in the case of a subscription—with one month’s notice until the end of the subscription.
3. Right of Withdrawal / Withdrawal Policy
Provided that the customer is a consumer and has not waived their right of withdrawal or such right has not been otherwise excluded, the consumer is entitled to a right of withdrawal in accordance with the statutory provisions.
If a consumer exercises the right of withdrawal under Section 3.1, the consumer must bear the costs (if any) of returning the goods.
In addition, the provisions set forth in detail in the following cancellation policy apply to the right of cancellation:
Right of Withdrawal
You have the right to cancel this contract within fourteen calendar days without giving any reason.
The cancellation period is fourteen calendar days from the day
- In the case of a sales contract: on which you or a third party designated by you, other than the carrier, took possession of the goods,
- In the case of a contract for multiple items that the consumer ordered as part of a single order and that are delivered separately: on the day you or a third party designated by you, who is not the carrier, took possession of the last item,
- In the case of a contract for the delivery of goods in multiple partial shipments or pieces: on the date on which you or a third party designated by you, who is not the carrier, took possession of the last partial shipment or the last piece
- In the case of a contract for the regular delivery of goods over a specified period: on the date on which you or a third party designated by you, who is not the carrier, took possession of the first item.
To exercise your right of withdrawal, you must notify us— namotto academies & friends GmbH & Co KG, Potsdamer Straße 125, 10783 Berlin, Germany, Tel.: +49 (0) 30 12039339, Email: info@namotto-af.de, by means of a clear statement (e.g., a letter sent by mail or an email) regarding your decision to withdraw from this contract. You may use the attached sample withdrawal form for this purpose, though its use is not required.
To comply with the cancellation period, it is sufficient to send the notice of your intention to exercise your right of cancellation before the cancellation period expires.
Consequences of the Revocation
If you cancel this contract, we must refund all payments we have received from you without delay and no later than fourteen days from the day we receive notice of your cancellation of this contract. We will use the same payment method for this refund that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees in connection with this refund. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever occurs first.
You must return or hand over the goods to us or to (insert here, if applicable, the name and address of the person you have authorized to receive the goods) without delay and, in any event, no later than fourteen days from the date on which you notify us of your withdrawal from this contract. The deadline is met if you ship the goods before the fourteen-day period expires.
You are responsible for the direct costs (if any) of returning the goods.
You are only liable for any loss in value of the goods if such loss is attributable to handling of the goods that goes beyond what is necessary to assess their nature, characteristics, and functionality.
Exclusion of the Right of Withdrawal
Consumers do not have a right of withdrawal pursuant to Section 356(4)(2) and Section 356(5)(2) of the German Civil Code (BGB) if the seller, with the consumer’s consent, begins providing the service before the withdrawal period expires and the digital content is made available to the customer immediately. The customer is informed of this during the ordering process.
Sample Cancellation Form
If you wish to cancel the contract, please fill out this form and return it
To:
namotto academies & friends GmbH & Co. KG
Potsdamer Straße 125, 10783, Berlin, Germany
info@namotto-af.de
I/We (*) hereby cancel the contract I/we (*) entered into for the purchase of the following products (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only for paper notifications)
Date
(*) Delete as appropriate.
3a. Cancel button
To make it easier to exercise the right of withdrawal, we provide a digital withdrawal button. This allows consumers to submit their notice of withdrawal entirely online—without having to log in or contact customer support.
(1) Accessibility
The cancellation button can be accessed via:
- our website
- the form available at https://support.ablefy.io/payer/s/contactsupport/right-of-withdrawal?language=de
The process involves a maximum of two steps. You do not need to provide a reason.
(2) Effectiveness of the Cancellation
Receipt of the cancellation notice via the cancellation button does not in itself constitute an effective cancellation. A cancellation is effective only if the consumer is entitled to a statutory or contractually granted right of cancellation, the cancellation period has not yet expired, and the notice can be linked to a specific order. We will verify these requirements upon receipt and notify the consumer of the result via email.
(3) Confirmation of Receipt
After submitting the notice of withdrawal, the consumer will immediately receive a confirmation of receipt via email on a durable medium in accordance with Article 8(7) of the EU Consumer Rights Directive. The confirmation includes the withdrawal ID, order ID, and timestamp.
(4) Consequences of a valid withdrawal
In the event of a valid withdrawal, the contract is fully rescinded. Payments made will be refunded immediately, no later than 14 days after receipt of the notice of withdrawal, using the same payment method. The consumer will not incur any additional costs.
(5) Order Assignment
The correct order ID must be provided in order to process the cancellation. This ID is included in the purchase confirmation email. Alternatively, an invoice number can be entered in the optional free-text field. If the order cannot be identified, the cancellation cannot be processed; in this case, we will notify the consumer by email.
(6) Distinction from Termination
Revocation (complete rescission of the contract, ex tunc) must be strictly distinguished from the right of termination (termination for the future, ex nunc). These two rights are independent of one another and are exercised via separate buttons. A declaration submitted via the revocation button is not treated as a termination, and vice versa.
4. Terms of Payment
The purchase price is due immediately upon the conclusion of the contract. Exceptions apply in the case of purchase on account or if a trial period has been agreed upon. Payment is made using the payment methods provided.
The prices listed at the time of the order apply. The prices listed in the pricing information include the applicable sales tax, if any.
The seller retains title to the purchased item until the invoice amount has been paid in full.
If the customer defaults on a payment installment, the seller is entitled to terminate the agreed installment plan and declare the entire remaining balance immediately due and payable.
If the customer defaults on a monthly payment for a purchased subscription, the seller is entitled to terminate the underlying contract for cause and block access to the respective product.
If the customer is late in making payment, the seller is entitled to engage a third party to collect the debt.
The customer is entitled to set off claims against the seller only if the customer’s counterclaims have been legally established, are undisputed by the seller, or have been acknowledged by the seller.
5. Product Delivery
The products ordered will be shipped in accordance with the applicable agreements. Any shipping costs are listed in the product description and will be itemized separately on the invoice.
Digital products and access to them are either provided to the customer by the product provider via email, or the customer is granted access to the products through a website hosted on the seller’s digital infrastructure.
6. Warranty Against Defects and Guarantee
The seller is liable for material defects in accordance with statutory provisions.
An additional warranty applies only if it is expressly stated in the order confirmation.
The seller is the point of contact for asserting warranty claims.
7. Offline Events
The seller may sell tickets to offline events. In such cases, the seller is not the organizer of the events being offered; rather, the events are organized by the respective product provider, who is also the issuer of the tickets.
If the customer purchases a ticket to an in-person event through the seller's platform, the product provider's own terms and conditions may also apply.
The seller is entitled to cancel an order placed by the customer for which confirmation has already been issued (unilateral right of withdrawal) if the customer violates the terms and conditions established by the event organizer and/or the product provider—which were communicated during the advance ticket sales process—or attempts to circumvent them. The declaration of cancellation or withdrawal may also be implied by crediting the amounts paid.
Sections 346 et seq. of the German Civil Code (BGB) apply to the aforementioned right of withdrawal, with the exception of Section 350 BGB.
Unless otherwise agreed upon at the time of purchase, commercial resale of the tickets is not permitted; non-commercial resale is permitted only at a price equal to the ticket price plus any verifiable fees or costs incurred at the time of the original purchase (postage or shipping costs). In the event of a violation of the aforementioned condition, the respective event organizer has the right to deny admission to the event without compensation.
We assume no liability for cancellation or rebooking fees for transportation booked by the customer or for lodging expenses.
8. Limitation of Liability
The seller is liable for intentional acts and gross negligence. Furthermore, the seller is liable for the slightly negligent breach of obligations whose fulfillment is essential for the proper performance of the contract, whose breach jeopardizes the achievement of the contract’s purpose, and on whose compliance a customer regularly relies. In the latter case, however, the seller is liable only for foreseeable damages typical for this type of contract. The seller is not liable for a breach due to slight negligence of obligations other than those mentioned in the preceding sentences.
The above disclaimers of liability do not apply in the event of injury to life, body, or health.
The limitations of liability set forth in Section 8.1 do not apply if the seller fraudulently concealed the defect or provided a warranty regarding the quality of the item.
Given the current state of technology, error-free data communication via the Internet and/or its availability at all times cannot be guaranteed. Accordingly, the seller is not liable for the constant and uninterrupted availability of the online trading system and the online offerings.
The seller assumes no liability if the product cannot be made available to the customer due to a problem on the part of the product provider.
9. Privacy Notice
The seller collects and processes the customer's personal data. For more information, please refer to the seller's privacy policy.
10. Final Provisions
The laws of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods. Mandatory provisions of the country in which a consumer has his or her habitual residence remain unaffected.
If a consumer had his or her domicile or habitual residence in Germany at the time the contract was concluded and has either moved from that location by the time the action is filed or his or her whereabouts are unknown at that time, the place of jurisdiction for all disputes shall be the seller’s place of business.
If a consumer does not have his or her domicile or habitual residence in a Member State of the European Union, the courts at the seller’s place of business shall have exclusive jurisdiction over all disputes.
If the customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller’s place of business.
