AGB — General Terms and Conditions

1. General

These General Terms and Conditions (“GTC”) set out the conditions applicable between stepintomove UG (haftungsbeschränkt), Baderstraße, 82211 Herrsching am Ammersee, Germany (hereinafter “Seller” or “we”) and a consumer or entrepreneur (hereinafter “Customer”) for the purchase of the products and services offered.

The Seller acts as a reseller of products or services of another company (hereinafter “Product Provider”).

A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional in nature, cf. Section 13 BGB (hereinafter “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 self-employed professional activity, cf. Section 14 BGB (hereinafter “Entrepreneur”).

Amendments 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 amendment within four weeks of receipt of the notification, the amendments shall be deemed accepted by the Customer.

Deviating general terms and conditions of the Customer shall not become part of the contract. This applies even if the Seller does not expressly object to their inclusion.

2. Conclusion of Contract

The digital presentation of the products and services offered does not constitute a binding offer by the Seller. By clicking the button “order with obligation to pay” (“Order”), the Customer submits a binding offer within the meaning of Section 145 BGB to conclude a contract for the digital product or digital service. The Customer is bound by this offer for a period of one week after submission, whereby 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.

The Seller will confirm receipt of the order to the Customer by means of an automatically generated email. Such confirmation does not constitute a binding acceptance of the Customer’s order.

If the Seller declares acceptance of the offer, it will send a digital acceptance confirmation to the email address previously provided by the Customer. Only then is the contract concluded. Acceptance may also be implied by delivery of the digital product.

After acceptance of the offer, the contract text will additionally be sent to the Customer by email. If the Customer has created a customer account, the contract text will also be stored in their customer account.

During the ordering process, the Customer has the opportunity to correct their entries. Before completing the ordering process, the Customer will receive a summary of all order details and will have the opportunity to review their information.

The contract is concluded in German.

The Seller will contact the Customer by email and automated order processing. The Customer shall ensure that the email address provided is correct.

For digital goods, the Seller grants the Customer a non-exclusive, geographically and temporally unlimited right to use the digital content provided for private and commercial purposes. Passing on the content to third parties or reproducing it for third parties is not permitted without prior authorisation from the Seller.

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 one month’s notice to the end of the subscription.

3. Right of Withdrawal / Withdrawal Policy

If the Customer is a Consumer and has not waived their right of withdrawal or it has otherwise been excluded, the Consumer is entitled to a right of withdrawal in accordance with the statutory provisions.

If a Consumer exercises the right of withdrawal pursuant to Clause 3.1, the Consumer shall bear the (possibly incurred) costs of any return.

Otherwise, the right of withdrawal is governed by the provisions set out in detail in the following withdrawal 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

• in the case of a purchase contract: on which you or a third party designated by you, who is not the carrier, took possession of the goods,
• in the case of a contract for multiple goods ordered by the Consumer as part of a single order and delivered separately: on which 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 which you or a third party designated by you, who is not the carrier, took possession of the last partial shipment or piece,
• in the case of a contract for the regular delivery of goods over a defined period: 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 inform us, stepintomove UG (haftungsbeschränkt), Baderstraße, 82211 Herrsching am Ammersee, Germany, by means of a clear declaration (e.g. a letter sent by post or email) of your decision to withdraw from this contract. You may use the enclosed model withdrawal form, although this is not mandatory.

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

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse all payments we have received from you, including delivery costs, without undue delay and no later than fourteen days from the day on which we received notification of your withdrawal from this contract. We will use the same means of payment as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you communicate your withdrawal from this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.

You bear the direct costs of returning the goods (where applicable).

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Exclusion of the Right of Withdrawal

A right of withdrawal for Consumers does not arise pursuant to Section 356 para. 4 no. 2 and Section 356 para. 5 no. 2 BGB where the Seller, with the Consumer’s consent, has already begun to provide the service before the withdrawal period has expired and the digital content is made available to the Customer immediately. The Customer will be informed of this accordingly during the ordering process.

Model Withdrawal Form

If you wish to withdraw from the contract, please fill in this form and return it.

I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for the provision of the following service (*) / purchase of the following product (*)

Ordered on (*) / received on (*): ___________________________ Name of consumer(s): ___________________________ Address of consumer(s): ___________________________ Signature of consumer(s) (only if this form is notified on paper): ___________________________ Date: ___________________________

(*) Delete as appropriate.

3a. Withdrawal Button

To facilitate the exercise of the right of withdrawal, we provide a digital withdrawal button. This enables consumers to submit their withdrawal declaration entirely online — without login and without contacting support.

The withdrawal button is accessible via:

• Directly on our website and on all shop and checkout pages hosted by us
• The withdrawal form at: https://support.ablefy.io/payer/s/contactsupport/right-of-withdrawal?language=de

The process takes a maximum of two steps. No reason for withdrawal is required.

Receipt of the withdrawal declaration via the withdrawal button does not yet constitute a valid withdrawal. A withdrawal is only valid if the consumer is entitled to a statutory or contractually granted right of withdrawal, the withdrawal period has not yet expired, and the declaration can be assigned to a specific order. We will review the requirements upon receipt and inform the consumer by email of the outcome.

After submitting the withdrawal declaration, the consumer will immediately receive a confirmation of receipt by email on a durable medium in accordance with Art. 8(7) of the EU Consumer Rights Directive. The confirmation contains the withdrawal ID, order ID and timestamp.

In the event of a valid withdrawal, the contract will be fully reversed. Payments made will be refunded without undue delay, and no later than 14 days from receipt of the withdrawal declaration, using the same means of payment. No additional costs will be charged to the consumer.

Withdrawal (full reversal of contract, ex tunc) must be strictly distinguished from the right of cancellation (termination for the future, ex nunc). Both rights are independent of each other and exercised via separate buttons.

4. Payment Terms

The purchase price is due immediately upon conclusion of the contract. Exceptions apply to purchases on account or where a trial period has been agreed. Payment is made using the payment methods made available.

The prices stated at the time of ordering apply. The prices stated in the price information include statutory VAT where applicable.

The Seller retains title to the purchased item until full payment of the invoice amount.

If the Customer is in default with the payment of an instalment, the Seller is entitled to terminate the agreed instalment payment and demand immediate payment of the entire remaining remuneration.

If the Customer is in default of a monthly contribution for a purchased subscription, the Seller is entitled to terminate the underlying contract for good cause and block access to the respective product.

The Seller is entitled to commission a third party to collect the claim in the event of default by the Customer.

The Customer’s right to set off against the Seller shall only apply if their counterclaims have been legally established, are undisputed by the Seller, or have been acknowledged by the Seller.

5. Delivery of Product

Delivery of ordered products is made in accordance with the respective agreements. Any shipping costs are listed in the product description and are shown separately on the invoice.

Digital products and access to these are made available to the Customer either by the Product Provider by email or the Customer is granted access to the products via a website on the Seller’s digital infrastructure.

6. Statutory Warranty and Guarantee

The Seller is liable for material defects in accordance with the statutory provisions.

An additional guarantee only exists if this has been expressly stated in the order confirmation.

The contact for asserting warranty rights is the Seller.

7. Offline Events

The Seller may sell tickets to offline events. The Seller is not itself the organiser of the events offered; the events are conducted by the respective Product Provider, who is also the issuer of the tickets.

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 additionally apply.

The Seller is entitled to cancel an order for which a confirmation has already been issued (unilateral right of withdrawal) if the Customer violates or attempts to circumvent conditions established by the organiser and/or Product Provider that were indicated during the presale. The cancellation/withdrawal declaration may also be made implicitly by crediting the amounts paid.

The aforementioned right of withdrawal is governed by Sections 346 et seq. BGB, excluding Section 350 BGB.

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

Liability for cancellation or rebooking fees for means of transport or accommodation booked by the Customer is excluded.

8. Limitation of Liability

The Seller is liable for intent and gross negligence. The Seller is also liable for the slightly negligent breach of obligations whose fulfilment is essential for the proper performance of the contract, whose breach jeopardises the achievement of the contractual purpose and on whose compliance a Customer regularly relies. In the latter case, however, the Seller is only liable for the foreseeable, contract-typical damage. The Seller is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.

The above exclusions of liability do not apply in the event of injury to life, body or health.

The limitations of liability arising from 8.1 do not apply insofar as the Seller has fraudulently concealed the defect or has assumed a guarantee for the condition of the item.