I. Scope of application

  1. These General Terms and Conditions for Additional Services (AGB Zusatzdienste) shall apply to all contracts for the provision of a service by New Horizon GmbH, Neue Schönhauser Straße 2, 10178 Berlin (hereinafter referred to as “New Horizon”) to consumers (§ 13 BGB) in addition to the Terms of Use of New Horizon. 
  2. The General Terms and Conditions for Additional Services apply only to consumers. A consumer is any natural person who concludes a legal transaction for a purpose which can predominantly neither be attributed to his commercial nor his self-employed professional activity.
  3. Pre-formulated terms and conditions of the consumer which deviate from these GTC Additional Services or the Terms of Use shall not become part of the contract even if they are known, unless New Horizon expressly agrees to their validity and at least in compliance with the text form (e.g. by e-mail).
  4. Contract language is German.

II. Conclusion of contract

  1. The offers for the ordering of services to the consumer are non-binding.
  2. The consumer initially places the selected services in the virtual shopping basket without obligation. After pressing the “Continue to payment” button, the consumer can check the data entered. The consumer can correct his entries at any time before sending the binding order by using the correction aids provided for this in the order process. By clicking on the “Buy now” button, the consumer places a binding order for the products in the shopping basket. The confirmation of the receipt of the order takes place by e-mail immediately after sending the order.
  3. The contract with New Horizon is concluded when the consumer is requested to pay by In-App purchase. No other payment methods are currently available.
  4. New Horizon shall not store the contractual provisions.

III. Prices and payment information

  1. All prices include the applicable statutory value added tax.
  2. Payment by in-app purchase requires a Google Play or Apple App Store account already set up by the consumer. To instruct payment, the consumer will be asked to confirm the in-app purchase. Payment is transferred according to the terms and conditions of the respective account provider and the payment method stored there.

IV. Documents of the consumer

  1. If New Horizon requires information and documentation from the Consumer for the provision of the Service, the Consumer shall provide New Horizon with all information and documentation necessary for the provision of the Service in a timely manner and free of charge by e-mail or post.
  2. Any information, images or data provided to New Horizon in connection with the provision of the Service shall also be subject to the consumer’s warranty of rights as set forth in Section VIII. and IX. of the New Horizon Terms of Use (no violation of third party rights and indemnification of New Horizon).

V. Instruction about the right of revocation

You have the right to revoke this contract within fourteen days without giving reasons. The revocation period shall be fourteen days from the day New Horizon receives the confirmation. 

To exercise your right of withdrawal, you must contact New Horizon (New Horizon GmbH, Neue Schönhauser Straße 2, 10178 Berlin, Germany, E-Mail: contact@gapless-app.com) by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to revoke this contract. You can use the attached sample revocation form, which is not mandatory. 

In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.

Consequences of revocation

If you revoke this agreement, we shall repay to you all payments received from you immediately and at the latest within fourteen days of the day on which we received notification of your revocation of this agreement. For this refund we will use the same means of payment that you used in the original transaction unless expressly agreed otherwise with you and in no event will you be charged for this refund. 

If you have requested that the service be commenced during the withdrawal period, you shall pay us a reasonable amount equal to the proportion of the service already provided by the time you notify us of the contract before exercising the right of withdrawal in relation to the total service provided in the contract.

VI. Sample revocation form


If you wish to cancel the contract, please send us a letter with the following contents (by e-mail or post):

To
New Horizon GmbH
Neue Schönhauser Str. 2
10178 Berlin

E-Mail: contact@gapless-app.com

I/we () hereby revoke the contract concluded by me/us () for the provision of the following service:

()

Ordered on ()/received on ()

Name(s) of consumer(s)

Address of consumer(s)

Signature of consumer(s) (only for paper communication)

Date

VII. Information on alternative dispute resolution

  1. The EU Commission offers the possibility of online dispute resolution on an online platform operated by it. This platform can be reached via the external link http://ec.europa.eu/consumers/odr/.
  2. We also point out pursuant to § 36 (1) and (2) of the Consumer Dispute Resolution Act that we are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration body.
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