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Terms & Confitions
General Terms and Conditions Store shopybuy.com
Status: January 2022
1.1 These general terms and conditions (hereinafter “GTC”) Store shopybuy.com (hereinafter “seller”) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “customer”) concludes with the seller with regard to the seller’s online -Shop completes illustrated goods. The inclusion of the customer’s own conditions is hereby contradicted, unless something else has been agreed.
1.2 These GTC apply accordingly to contracts for the delivery of goods with digital elements, unless otherwise regulated. In this case, in addition to the delivery of the goods, the seller owes the provision of digital content or digital services (hereinafter “digital products”) that are contained in or connected to the goods in such a way that the goods cannot fulfill their functions without them.
1.3 These General Terms and Conditions shall apply accordingly to contracts for the delivery of physical data carriers that serve exclusively as carriers of digital content, unless otherwise regulated. Digital content within the meaning of these terms and conditions is data that is created and made available in digital form.
1.4 These General Terms and Conditions shall apply accordingly to contracts for the delivery of vouchers, unless otherwise agreed.
1.5 These GTC shall apply accordingly to contracts for the provision of license keys, unless otherwise agreed. The seller owes the provision of a license key for the use of the digital content or digital services described by him (hereinafter “digital products”) as well as the granting of the contractually agreed rights to use the respective digital products. The customer does not acquire any intellectual property in the digital product. The respective product description of the seller is decisive for the quality of the digital product.
1.6 The type and scope of the offer are determined exclusively on the basis of the information in the online shop. Promotional campaigns and any (free) additions or supplements cannot be transferred to offers within other sales platforms.
1.7 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
1.8 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.
2. Conclusion of contract
2.1 The product descriptions contained in the seller’s online shop do not represent binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.
2.2 The customer can submit the offer via the online order form integrated in the seller’s online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by telephone, fax, e-mail or online contact form.
2.3 The seller can accept the customer’s offer within five days,
by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby receipt of the order confirmation by the customer is decisive, or
by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or
by asking the customer to pay after placing his order.
If there are several of the above alternatives, the contract is concluded at the point in time at which one of the above alternatives occurs first. The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
2.5 When submitting an offer via the seller’s online order form, the contract text is saved by the seller after the conclusion of the contract and sent to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent. The seller does not make the contract text accessible beyond this.
The invoice is also sent by email. The customer agrees to an invoice sent electronically when the order is placed.
Orders are stored by the seller for 24 months after the customer has placed the order. If the customer loses his documents for the order, the customer can contact the seller by e-mail/fax/telephone. The seller will send the customer a copy of the order data.
If the customer has set up a user account in the seller’s online shop before sending his order, the order data will be archived on the seller’s website and can be called up free of charge by the customer via his password-protected user account by providing the corresponding login data.
2.6 Before the binding submission of the order via the seller’s online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.7 The information provided by the customer as part of the order is the basis for invoicing. Change requests to an invoice must be requested. Invoice changes for which the seller is not responsible will be charged at a cost of 10 euros per change.
2.8 The information provided by the customer as part of the order is the basis for invoicing. If the customer subsequently exports the goods to a third country and, as a result, applies for a VAT refund, the seller will charge a processing fee of 15 euros for each invoice submitted. The processing fee will be billed to the customer separately and charged directly as part of the VAT refund. You can only apply for a VAT refund within 6 months of the invoice date and for a VAT amount of at least 20 euros. The following documents must be submitted for processing: Export documents, whereby the goods must have been exported from Germany within 3 months, as well as proof of residence in the third country. The seller points out to the customer that this service is a voluntary service, which the seller can refuse at any time.
2.9 Only the German language is available for the conclusion of the contract.
2.10 Order processing and contact are usually made via email and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned to process the order can be delivered.
2.11 When ordering data carriers that are not suitable for minors (FSK or USK 18 articles), the customer confirms by sending the order that he has reached the legally required minimum age. Using an age verification system, the seller ensures that the customer has reached the legally required minimum age. The goods are therefore only handed over after a successful age check and authentication of the customer.
3. Prices and terms of payment
3.1 Unless otherwise stated in the seller’s product description, the prices quoted are total prices that include the statutory sales tax or insurance tax and do not include shipping costs, installation and training costs, if applicable, etc. The calculation depends on the shipping method Shipping costs depending on size, weight and number of packages.
3.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for money transfers by banks (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
3.3 The payment option(s) will be communicated to the customer in the seller’s online shop. Depending on which of the seller’s online shops the customer uses to place his order, the range of payment methods may vary.
3.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
3.5 If you select the “SOFORT” payment method, the payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”). In order to be able to pay the invoice amount via “SOFORT”, the customer must have an activated online banking account for participation in “SOFORT”, identify himself accordingly during the payment process and confirm the payment order to “SOFORT”. The payment transaction is carried out immediately afterwards by “SOFORT” and the customer’s bank account is debited. The customer can access more detailed information on the “SOFORT” payment method on the Internet at https://www.klarna.com/sofort/.
3.6 If the credit card payment method is selected, the invoice amount is due immediately upon conclusion of the contract. The payment method credit card payment is processed in cooperation with the payment service provider Unzer GmbH, Vangerowstraße 18, 69115 Heidelberg, Germany (www.unzer.com) to which the provider assigns his payment claim. Unzer GmbH collects the invoice amount from the customer’s specified credit card account. In the event of assignment, payment can only be made to Unzer GmbH with debt-discharging effect. The credit card will be charged immediately after the customer’s order has been sent in the online shop. Even if the credit card payment method is selected via Unzer GmbH, the provider remains responsible for general customer inquiries, e.g. about the goods, delivery time, shipment, returns, complaints, declarations of cancellation and cancellations or credit notes.
3.7 The seller reserves the right to expressly authorize a third party to request payment from the customer or to collect payment. If such a case is present, the payment made to the third party shall simultaneously discharge the seller’s debt.
3.8 If STORE GmbH offers customers in the B2B area “purchase on target” (invoice / direct debit or SEPA company direct debit, each with payment term), this requires a credit check. STORE GmbH reserves the right to reject “purchase on target” even in the event of a positive credit check. As a precaution, we would like to point out that the B2B customer must ensure that the SEPA direct debit mandate has been properly deposited with the bank and that there are sufficient funds in his bank account on the date of the direct debit. Should there be a returned direct debit as part of the direct debit, Store will charge a processing fee of 10 euros, which will be billed to the B2B customer accordingly.
3.9 A payment is only deemed to have been made when the seller or the third party authorized by the seller can dispose of the amount. In the event of a delay in payment, the seller is entitled to charge default interest of 5 percentage points for consumers and 9 percentage points for entrepreneurs above the respective base interest rate of the ECB according to the Discount Transition Act. The seller reserves the right to also charge a lump sum of 40 euros in the event of default by the customer who is an entrepreneur. This also applies if the claim for payment is a payment on account or other installment payments. The lump sum of 40 euros will be offset against any damages owed, insofar as the damage is based on the costs of legal action. Bills of exchange or checks are only accepted by agreement and on account of performance and only count as payment after they have been successfully honoured. Discount and collection charges are at the expense of the customer. The seller assumes no liability for the timely submission.
3.10 The customer, who is an entrepreneur, is only entitled to meet the purchase price payment obligation by offsetting if his counterclaims have been legally established or are undisputed. In addition, he is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
3.11 Refunds of the purchase price will be made as far as possible using the same payment method as the payment was made by the customer to the seller. This does not apply to cash on delivery payments. In this case, the refund will be made by bank transfer to the customer’s bank account.
4. Right of Withdrawal
4.1 Consumers are generally entitled to a right of withdrawal.
4.2 Further information on the right of cancellation can be found in the seller’s cancellation policy.
4.3 The right of withdrawal does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
4.4 If, within the context of the revocation in favor of the buyer, who is a consumer, the revocation is concluded with an advance credit, this conclusion is made with the proviso that a revocation is not legally objectionable. If it turns out afterwards, i.e. in the further course of the cancellation process, that there is no justified cancellation, the seller is entitled to charge/reclaim the amount from the advance credit again.
5. Voluntary Right of Return
The seller offers the customer who is a consumer the following voluntary right of return, without prejudice to the consumer’s statutory rights: You can return all products to the seller within 30 days of receipt of the goods without giving a reason. The return period is 30 days from the day on which the consumer or a third party designated by you who is not the carrier took possession of the goods. In the case of goods which, due to their nature, can normally be returned to the seller by post, the seller bears the return costs. In these cases, the seller provides the customer with a free DHL return label. If this DHL return label is not used, the customer bears the costs of the return. In the case of goods which, due to their nature, cannot normally be returned to the seller by post (bulky goods/freight forwarding goods), the customer must bear the costs, which are estimated at a maximum of around 99 euros for each such goods. The return must be sent to: Store, Konrad-Zuse-Straße 701, 35440 Linden The voluntary right of return applies to goods that are unused, undamaged and completely in their original packaging. The voluntary right of return does not apply to:
Image, sound and data carriers, CDs, DVDs, software, insofar as their seal or packaging has been opened or they have been downloaded online;
Special customer orders such as B. spare parts etc. ordered for the customer;
Goods made to customer specifications or clearly tailored to the personal needs of the customer;
Goods that are configured according to customer specifications from standard components, such as B. individually configured computers, hardware with/without software installations,
kits built by customers and such parts that are already installed by the customer;
Batteries, rechargeable batteries, cables, lamps, hygiene items or similar items, insofar as their seal or packaging has been opened;
piece goods, consumables;
This right of return does not limit the statutory rights of the customer and therefore also not the right of withdrawal.
6. Refusal of acceptance by the entrepreneur
6.1 If a customer who is an entrepreneur does not accept the goods sold, the seller is entitled to either insist on acceptance or to demand 10% of the purchase price as flat-rate compensation for damages and expenses, unless the customer can prove that damage did not occur or was less severe. In the event of exceptionally high damage, the seller reserves the right to assert this.
6.2 For the duration of the delay in acceptance by the customer, who is an entrepreneur, the seller is entitled to store the delivery items at the customer’s risk, with a forwarding agent or a warehouse keeper. For the duration of the delay in acceptance, the customer has to pay the customer a flat rate of 15 euros per month for the storage costs incurred without further proof. The flat-rate compensation is reduced to the extent that the customer proves that no expenses or damage have been incurred. In the case of exceptionally high storage costs, the seller reserves the right to assert these.
7. Terms of delivery and shipping
The delivery area includes the Federal Republic of Germany. For Europe-wide orders, you can find more information at https://www.shopybuy.com/HILFE/Bestellangebote/Europaweit-bestellen.
7.1 If the seller offers to ship the goods, the delivery will be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller’s order processing is decisive. Deviating from this, if the payment method PayPal is selected, the delivery address stored by the customer at PayPal at the time of payment is decisive.
7.2 Goods that are delivered by a forwarding agent are delivered “free curb”, i.e. to the public curb nearest the delivery address, unless otherwise stated in the shipping information in the seller’s online shop and unless otherwise agreed .
7.3 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the delivery if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of cancellation, the regulation made in the seller’s cancellation policy applies to the return costs.
7.4 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold only passes when the goods are handed over to the customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold also passes to the customer for consumers as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment, if the Customer commissioned the forwarding agent, the carrier or the person or institution otherwise responsible for carrying out the shipment with the execution and the seller had not previously named this person or institution to the customer.
7.5 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to himself. This only applies in the event that the non-delivery is not the responsibility of the seller and he has concluded a specific hedging transaction with the supplier with due care. The seller will use all reasonable efforts to procure the goods. In the case of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately. Delays in delivery caused by legal or official orders (e.g. import and export restrictions) and for which the seller is not responsible extend the delivery period according to the duration of such obstacles. In important cases, the seller will immediately inform the customer of the start and end of this period. If necessary, the delivery can also be extended by the time until the customer has handed over all the information and documents that are necessary for the execution of the order.
7.6 In cases where the seller offers pickup as a shipping method, the seller first informs the customer by e-mail that the goods ordered by the customer are ready for pickup. After receiving this e-mail, the customer can pick up the goods at the seller’s headquarters in Linden during opening hours. In this case, no shipping costs will be charged.
7.7 Vouchers will be provided to the customer: by email
7.8 License Keys/ Digital Content will be provided to Customer as follows: by email
7.9 Partial deliveries by the seller are permissible provided these are reasonable for the customer.
7.10 The seller can determine the shipping method, the shipping route and the company commissioned with the shipping at his discretion, unless the customer gives express instructions.
8. Grant of License Key/Digital Content Usage Rights
8.1 The license key/digital content provided entitles the customer to use the digital product shown in the seller’s respective item description to the extent described there.
8.2 Insofar as the license key relates to the one-off provision of digital content, the granting of rights only becomes effective when the customer has paid the owed remuneration in full.
8.3 A transfer of the content to third parties or the creation of copies for third parties outside the scope of these GTC is not permitted unless the seller has agreed to a transfer of the contractual license to the third party.
8.4 For the delivery of software, literature, digital content, the special license and other conditions of the manufacturer apply in addition to the conditions of the seller. By accepting the software, the customer expressly acknowledges its validity.
9. Liability for Defects (Warranty)
9.1 Unless otherwise stated in the following regulations, the statutory liability for defects shall apply.
9.2 If the supplementary performance has taken place by way of a replacement delivery, the customer is obliged to return the first delivered goods to the seller within 30 days at the seller’s expense. The defective goods must be returned in accordance with the statutory provisions. The seller does not assume any guarantee for the specified quality of the goods within the meaning of Section 443 of the German Civil Code. Any guarantees granted by the manufacturer remain unaffected and are determined exclusively by the guarantee declaration handed over to the customer with the goods. This also applies to warranty extensions via a third party, which can be purchased in this online shop. Liability for normal wear and tear is excluded. The seller assumes no liability for defects and damage resulting from unsuitable or improper use, non-observance of application instructions or incorrect or negligent treatment. This applies in particular to the operation of the objects with the wrong type of current or voltage as well as connection to unsuitable power sources. The same applies to defects and damage due to fire, lightning, explosion or network-related overvoltages, moisture of any kind, incorrect or missing program software and/or processing data, unless the customer can prove that these circumstances are not are the cause of the reported defect.
9.3 In the event of a warranty, a customer who is a consumer is entitled to choose between asserting a right to rectification of defects or delivery of goods free of defects (subsequent performance). If the selected type of subsequent performance is associated with disproportionately high costs, the claim is limited to the remaining type of subsequent performance. In the context of the delivery of defect-free goods, the exchange for higher-quality products with comparable properties is already accepted by the customer, who is a consumer, provided this is reasonable for him and the seller (e.g. exchange for the successor model, same model series, etc.). Further rights, in particular the rescission of the purchase contract, can only be asserted after a reasonable period for supplementary performance has expired or the supplementary performance has failed twice.
9.4 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect whatsoever on his statutory or contractual claims for defects.
9.5 If the customer is an entrepreneur without commercial status, he must report obvious defects within 14 days. The complaint period begins here with the delivery of the goods to the customer. If the customer does not meet this obligation, his statutory claims for defects are excluded.
9.6 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he is subject to the commercial obligation to examine and give notice of defects in accordance with Section 377 of the German Commercial Code. If the customer fails to comply with the notification obligations regulated there, the goods are deemed to have been approved.
9.7 If a complaint in favor of the buyer, who is a consumer or a company, is concluded with a pre-exchange or a pre-credit, this conclusion is subject to the proviso that an actual warranty or guarantee claim exists. If it turns out subsequently, i.e. in the further course of the complaint processing, that neither a claim under the warranty nor the manufacturer’s guarantee existed, the seller is entitled to demand this back in the case of an advance exchange and, in the case of an advance credit, the amount charge/reclaim again.
9.8 With regard to a customer who is an entrepreneur, the seller is entitled to choose between remedying the defect or making a replacement delivery within the meaning of Section 439 of the German Civil Code within one year of the delivery date. After one year from the delivery date, the seller has the choice between remedying the defect or crediting the current value. For entrepreneurs, the statute of limitations does not begin again if a replacement delivery is made as part of the liability for defects.
9.9 In cases in which our customer, who is an entrepreneur, does not purchase consumer goods within the supply chain, the provisions of §§ 474-479 BGB do not apply. If the entrepreneur resells the goods as part of a consumer goods purchase, compensation for expenses incurred within the meaning of § 478 BGB can only be demanded if proof of the occurrence of the expenses is provided. If this reimbursement of expenses within the meaning of Section 478 Paragraph 2 of the German Civil Code is required, this is limited to a maximum of 2% of the original net value of the goods. Claims based on § 478 BGB are waived by the 24-month warranty for entrepreneurs in the sense of equivalent compensation according to § 478 Para. 4 Sentence 1 BGB.
9.10 The seller’s product offers in the outlet area at https://www. shopybuy.com/Outlet indicate in the product description the corresponding deviations in quality from new goods, e.g. existing defects, refurbished used goods, missing accessories, damage to or missing original packaging (OVP), etc. As part of the product description, the buyer becomes aware of the negative quality of the respective product, so that the buyer is aware of this and the buyer agrees to the deviations in quality from new goods when purchasing the corresponding goods.
The seller is liable to the customer for all contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:
10.1 The seller is liable without restriction for any legal reason – in the event of intent or gross negligence, – in the event of intentional or negligent injury to life, limb or health, – on the basis of a guarantee promise, unless otherwise agreed in this regard, – on the basis of mandatory liability, such as under the Product Liability Act.
10.2 If the seller negligently violates an essential contractual obligation, liability is limited to the foreseeable damage that is typical for the contract, unless liability is unlimited in accordance with the above clause. Essential contractual obligations are obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer can regularly rely.
10.3 The seller is not liable for the recovery of data unless he caused the loss intentionally or through gross negligence and the customer has ensured that a data backup has been made so that the data can be reconstructed with reasonable effort.
10.4 The seller is not liable for the loss of a shipment if there is a storage or garage contract, regardless of a different designation, between the buyer and the commissioned transport company.
10.5 The above liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.
10.6 Apart from that, liability on the part of the seller is excluded.
11. Retention of Title
11.1 In relation to consumers, the seller reserves title to the delivered goods until the purchase price owed has been paid in full.
11.2 In relation to entrepreneurs, the seller reserves ownership of the delivered goods until all claims from an ongoing business relationship have been settled in full.
11.3 If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. The customer assigns all resulting claims against third parties to the seller in advance in the amount of the respective invoice value (including sales tax). This assignment applies regardless of whether the reserved goods have been resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The authority of the seller to collect the claims himself remains unaffected. However, the seller will not collect the claims as long as the customer meets his payment obligations to the seller, does not default in payment and no application for the opening of insolvency proceedings has been filed.
12. Withdrawal in the event of deterioration in assets
The seller can withdraw from the contract if the seller becomes aware of a cessation of payments, the opening of insolvency or court composition proceedings, the rejection of insolvency due to lack of assets, bill or check protests or other concrete indications of a deterioration in the customer’s financial situation.
13. Redeeming Promotional Vouchers
13.1 Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and that cannot be purchased by the customer (hereinafter “promotional vouchers”) can only be redeemed in the seller’s online shop and only in the specified period.
13.2 Promotional vouchers can only be redeemed by consumers.
13.3 Individual products can be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.
13.4 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.
13.5 Only one promotional voucher can be redeemed per order.
13.6 The value of the goods must be at least the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
13.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
13.8 The balance of a promotional voucher will neither be paid out in cash nor will interest be paid.
13.9 The campaign voucher will not be refunded if the customer returns the goods that were paid for in whole or in part with the campaign voucher within the scope of his statutory right of withdrawal.
13.10 The promotional voucher is only intended for use by the person named on it. A transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.
14. Redeeming Gift Certificates
14.1 Vouchers that can be purchased via the seller’s online shop (hereinafter “gift vouchers”) can be redeemed in the seller’s online shop as well as in the seller’s stationary SHOP in 35440 Linden, provided that the voucher does not result in anything different results. It is not possible to redeem these vouchers on other sales platforms or similar on which the seller is active.
14.2 Gift vouchers and remaining balances on gift vouchers can be redeemed up to the end of the third year following the year in which the voucher was purchased. Remaining credit will be credited to the customer by the expiry date.
14.3 Gift vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.
14.4 Multiple gift vouchers can be redeemed for one order.
14.5 Gift Vouchers can only be used to purchase Goods and cannot be used to purchase further Gift Vouchers.
14.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
14.7 The balance of a gift voucher is neither paid out in cash nor does it bear interest.
14.8 The Gift Voucher is transferrable. The seller can pay with discharging effect to the respective owner who redeems the gift voucher in the seller’s online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, the legal incapacity or the lack of the right to represent the respective owner.
15. Promotions and any (free) additions or extras
The buyer can find an overview of promotional campaigns and any (free) additions or additions (e.g. game code) at https://www. shopybuy.com/promotions.xhtml as well as in the respective product descriptions of the products in question. These are usually promotional campaigns and any (free) additions or extras that are granted either directly by the manufacturer or through the seller by the manufacturer while stocks last and if the buyer buys a relevant product from the campaign at the seller acquires. In cases in which the promotional campaign or any (free) additions or additions are handled by the seller, this is done exclusively at the request of the respective manufacturer/campaign provider to buyers who are entitled to participate. In this case, the seller has no influence on the scope of the action, the type of redemption or the validity, e.g. of game codes. For the reasons mentioned above, the buyer is asked to contact the manufacturer or campaign provider directly in the event of problems in order to find a solution. Any effects on his legal or contractual claims for defects from the purchase contract remain unaffected.
16. shopybuy.com – Extended Warranty
The purchase of an shopybuy.com warranty extension is based on these General Terms and Conditions. Information on the scope of the warranty protection can be found in the product description. The general terms and conditions of SPB Garant GmbH (Mühlsteig 36 in 90579 Langenzenn, Tel.: 49 (0) 9101 9008 0, fax: 49 (0) 9101 9008 100, email@example.com, register court apply to the processing of a claim Fürth HRB 6004, www.spb-garant.de) application. You can view these here.
17. Use of Customer Data
With regard to all data relating to the business relationship with the customer, the data protection regulations apply, which can be found in the corresponding online shop. The seller is available to the customer at sale@ shopybuy.com for further questions on the subject of data protection, information or change requests.
18. Export License
Any approvals that may be required from the Federal Office for Commercial Economics in Eschborn/Taunus for the export of the delivered goods must be obtained by the customer in his own name and at his own expense. The refusal of such an export license does not entitle the customer to withdraw from the contract.
19. Jurisdiction / Applicable Law / Partial Invalidity
19.1 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 is the place of business of the seller. If the customer is based outside the territory of the Federal Republic of Germany, the seller’s place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer’s professional or commercial activity. In the above cases, however, the seller is always entitled to appeal to the court at the customer’s registered office.
19.2 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, to the exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
19.3 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
19.4 If individual provisions of the delivery contract or these General Terms and Conditions are ineffective, the remaining provisions shall remain effective.
20. Code of Conduct
The seller has submitted to the “EHI Certified Online Shop” quality criteria of the EHI Retail Institute GmbH, which can be viewed on the Internet at http://www.shopinfo.net/haendler/instrumente/index.html.
21. Alternative Dispute Resolution
21.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts, in which a consumer is involved.
21.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
Note on battery disposal:
Batteries contain valuable raw materials that are harmful to the environment but can be recycled. For this reason, old batteries must not be disposed of with normal household waste, but must be disposed of separately. Dealers are legally obliged to take back old batteries, consumers are obliged to take old batteries to a suitable collection point.
Batteries that must be disposed of can be identified by the crossed-out garbage can that is printed on the packaging. Below the garbage can symbol is the chemical name of the pollutant contained:
Pb = lead
Cd = cadmium
Hg = mercury
Of course, the customer can return the batteries purchased from the seller to the seller for professional disposal.
Please send a sufficiently stamped package with the keyword “battery disposal” to:
Store, Konrad-Zuse-Strasse 701, D-35440 Linden.
The environment and shopybuy.com say thank you.
Managing Director: Carsten Kellmann
Giessen District Court
VAT ID number: DE 112 595 008