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General Terms and Conditions

1. general

1.1 These General Terms and Conditions ("GTC") contain the terms and conditions agreed between namotto Universal Brands GmbH & Co. KG, Potsdamer Straße 125, 10783 Berlin, Germany (hereinafter referred to as "seller" or "we") and a consumer or entrepreneur (hereinafter referred to as "customer") for the purchase of the products and services offered.

1.2 The Seller acts as a reseller of products or services of another company (hereinafter referred to as "product provider").

1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity, see § 13 BGB (hereinafter referred to as "consumer"). An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity, cf. section 14 BGB (hereinafter referred to as "entrepreneur").

1.4 The customer shall be notified in writing or in text form of any amendments to these terms and conditions. If the customer does not object to this amendment within four weeks of receipt of the notification, the amendments shall be deemed to have been accepted by the customer.

1.5 Deviating general terms and conditions of the customer shall not become part of the contract. This shall also apply if the seller does not expressly object to their inclusion. 

2. conclusion of contract

2.1 The digital presentation of the products and services offered does not constitute a binding offer by the seller. By pressing the button "order subject to payment" ("order"), the customer submits a binding application within the meaning of Section 145 of the German Civil Code (BGB) to conclude a contract for the digital product or digital service. The customer is bound to this application for a period of one week after submitting the application, the date of receipt of the order by the seller is decisive. The right of withdrawal to which the consumer may be entitled under No. 3 shall remain unaffected by this.

2.2 The seller will confirm receipt of the order to the customer by means of an automatically generated e-mail. Such confirmation does not constitute a binding acceptance of the customer's order.  

2.3 If the seller declares acceptance of the application, the seller shall send a digital confirmation of acceptance to the e-mail address previously provided by the customer. Only then is the contract concluded. The confirmation of acceptance can also be implied by delivery of the digital product. 

2.4 After acceptance of the offer, the contract text will also be sent to the customer by e-mail. If the customer has created a customer account, the contract text will also be saved in his customer account.

2.5 During the ordering process, the customer has the opportunity to correct the entries made. Before completing the order process, the customer receives a summary of all order details and is given the opportunity to check their details.

2.6 The contract shall be concluded in German.

2.7 The customer shall be contacted by the seller by e-mail and automated order processing. The customer shall ensure that the e-mail address entered by him is correct.

2.8 In the case of digital goods, the seller grants the customer a non-exclusive right, unlimited in time and place, to use the digital content provided for private and business purposes. The content may not be passed on to third parties or reproduced for third parties unless permission has been granted by the seller.

2.9 If the contractual relationship between the seller and the product provider ends, we are entitled to terminate the contract with the customer in the case of a subscription at any time with a notice period of one month until the end of the subscription.

3. right of withdrawal/cancellation policy

3.1 . If the customer is a consumer and has not waived his right of withdrawal or this is otherwise excluded, the consumer is entitled to a right of withdrawal in accordance with the statutory provisions. 

3.2 If a consumer makes use of the right of withdrawal in accordance with section 3.1, the consumer shall bear the costs (if any) of any return shipment. 

3.3 In all other respects, the right of revocation is governed by the provisions set out in detail in the following 

Cancellation policy:

Right of withdrawal

You have the right to withdraw from this contract within fourteen calendar days without giving any reason.

The withdrawal period is fourteen calendar days from the day 

  1. In the case of a purchase contract: on which you or a third party named by you, who is not the carrier, have taken possession of the goods,
  2. In the case of a contract for several goods which the consumer has ordered as part of a single order and which are delivered separately: on which you or a third party named by you, who is not the carrier, have taken possession of the last goods,
  3. In the case of a contract for the delivery of goods in several partial shipments or pieces: on which you or a third party named by you, who is not the carrier, has or has taken possession of the last partial shipment or the last piece 
  4. In the case of a contract for the regular delivery of goods over a fixed period of time: on which you or a third party named by you, who is not the carrier, have taken possession of the first goods. 

To exercise the right to cancel, you must inform us, namotto Universal Brands GmbH & Co KG, Potsdamer Straße 125, 10783 Berlin, Deutschland, Tel.: +49 (0) 30 12039339, E-Mail: info@namotto-ub.com of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Consequences of revocation

If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. 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 is the earliest.

You must return or hand over the goods to us or to (insert the name and address of the person authorized by you to receive the goods, if applicable) immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.

You shall bear the direct costs (if any) of returning the goods. 

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

Exclusion of revocation

Pursuant to Section 356 (4) No. 2 and Section 356 (5) No. 2 of the German Civil Code (BGB), any right of withdrawal does not arise for consumers if the seller, with the consumer's consent, begins to provide the service before the withdrawal period expires and the digital content is made available to the customer immediately. The customer will be informed accordingly during the ordering process.

Sample withdrawal form

If you wish to cancel the contract, please fill out this form and send it back to us

To:

namotto Universal Brands GmbH & Co. KG

Potsdamer Straße 125, 10783 Berlin, Germany

info@namotto-ub.com

I/we (*) hereby revoke the contract concluded by me/us (*) 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 notification on paper)

Date

4. terms of payment

4.1 The purchase price is due immediately upon conclusion of the contract. Exceptions exist in the case of purchase on account or if a test phase has been agreed. Payment shall be made using the payment methods provided.

4.2 The prices stated at the time of the order shall apply. The prices stated in the price information include the statutory value added tax, if applicable.

4.3 The seller retains ownership of the purchased item until the invoice amount has been paid in full. 

4.4 If the customer is in arrears with the payment of an installment, the seller is entitled to terminate the agreed installment payment and to demand immediate payment of the entire remaining remuneration.

4.5 If the customer defaults on a monthly payment for a purchased subscription, the seller is entitled to terminate the underlying contract extraordinarily and to block access to the respective product.

4.6 If the customer is in default of payment, the seller is entitled to commission a third party to collect the debt. 

4.7 The customer shall only have a right of set-off against the seller if his counterclaims have been legally established, are undisputed or recognized by the seller.

5. delivery of the product

5.1 The ordered products shall be shipped in accordance with the respective agreements made. Any shipping costs incurred are listed in the product description and are shown separately on the invoice.

5.2 Digital products and access to them are either made available to the customer by the product provider by e-mail or the customer is granted access to the products via a website on the seller's digital infrastructure.

6 Warranty for material defects and guarantee

6.1 The Seller shall be liable for material defects in accordance with the statutory provisions. 

6.2 An additional guarantee only exists if this was expressly stated in the order confirmation. 

6.3 The contact person for the assertion of warranty rights is the seller.

7. offline events

7.1 The seller may sell tickets to offline events. The seller is not the organizer of the events offered, but the events are carried out by the respective product provider, who is also the exhibitor of the tickets. 

7.2 If the customer purchases a ticket to an offline event via the seller's platform, the product provider's own general terms and conditions may also apply. 

7.3 The seller is entitled to cancel an order of the customer for which a confirmation has already been issued (unilateral right of withdrawal) if the customer violates the conditions set by the organizer and/or the product provider, which were pointed out during the pre-sale, or attempts to circumvent them. Cancellation/withdrawal may also be declared implicitly by crediting the amounts paid. 

7.4 The aforementioned right of withdrawal is subject to §§ 346 ff. BGB apply to the exclusion of § 350 BGB. 

7.5 Unless otherwise agreed at the time of purchase, the commercial resale of tickets is not permitted; non-commercial resale is only permitted at a price equal to the price of the ticket plus any proven fees/costs incurred at the time of the original purchase (postage or shipping costs). In the event of a breach of the aforementioned condition, the respective organizer has the right to refuse admission to the event without compensation. 

7.6 Liability for cancellation or rebooking fees for means of transportation booked by the customer or accommodation costs is excluded.

8. limitation of liability

8.1 The seller is liable for intent and gross negligence. Furthermore, the Seller shall be liable for the slightly negligent breach of obligations, the fulfillment of which is essential for the proper execution of the contract, the breach of which jeopardizes the achievement of the purpose of the contract and on the observance of which a customer regularly relies. In the latter case, however, the seller shall only be liable for foreseeable damage typical of the contract. The seller is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.

8.2 The above exclusions of liability shall not apply in the event of injury to life, limb or health. 

8.3 The limitations of liability resulting from 8.1 shall not apply if the seller has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. 

8.4 According to the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. In this respect, the seller is not liable for the constant and uninterrupted availability of the online trading system and the online offers.

8.5 The Seller assumes no liability for the fact that the Product cannot be made available to the Customer due to a problem on the part of the Product provider. 

10. data protection notice

The seller collects and processes the customer's personal data. Further information can be found in the seller's privacy policy. 

11. final provisions 

 11.1 The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of the state in which a consumer has his habitual residence remain unaffected.

 11.2 If a consumer had his domicile or habitual residence in Germany when the contract was concluded and has either relocated at the time the action is brought or his place of residence is unknown at this time, the place of jurisdiction for all disputes shall be the seller's place of business.

11.3 If a consumer does not have his 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 for all disputes.

11.4 If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller.