General Terms and Conditions for Customers
- Validity and Definitions
(1) We provide, among other things, a marketplace on the website snapbuy.de, where both we and registered commercial sellers (hereinafter referred to as "sellers") can offer goods for sale.
(2) "Consumer" means any natural person who, within the meaning of § 13 BGB (German Civil Code), enters into a legal transaction predominantly for purposes that are outside their trade, business, or profession.
(3) "Entrepreneur" means any natural or legal person or partnership with legal capacity who, within the meaning of § 14 BGB, enters into a legal transaction in the conduct of their trade, business or profession.
(4) "Customers" within the meaning of these terms and conditions are both consumers and entrepreneurs.
(5) Deviating, conflicting or supplementary general terms and conditions of entrepreneurs do not become part of the contract, even if we are aware of them, unless their validity is expressly agreed to in writing.
- Conclusion of Contract
(1) Contracts are concluded exclusively between the customer and the respective seller. On the product detail view, the customer can see who the provider of the selected product is and receives the relevant seller information.
(2) In the case of so-called "mixed" shopping carts - i.e. orders for products from different sellers - the customer has different contractual partners for each order.
(3) If the customer enters into a contract with another seller, the respective provisions of the seller shall also apply in addition to these terms of use. By clicking on the name of the seller, the respective provisions will be displayed. Each seller is legally responsible for his respective offer as well as for the execution of the order. In these cases, we only provide the technical and organizational infrastructure for concluding the contract.
(4) If the contract is concluded with us, the following conditions shall also apply.
- Conclusion of Contract, Storage of Contract Text
(1) The presentation of products on www.snapbuy.de constitutes a non-binding invitation to the customer to submit an offer to purchase.
(2) Storage of contract text: We store the contract text and send you the order data and our terms and conditions by email. If you have placed the order via your customer account, the order data can also be viewed there. The terms and conditions can be accessed at any time at www.snapbuy.de/pages/agb.
- Right of Withdrawal
Consumers have the right to withdraw from this contract in accordance with the following provisions. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
Withdrawal Period
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the day on which you or a third party designated by you, who is not the carrier, have taken possession of the goods.
To exercise your right of withdrawal, you must inform us (Internet Up GmbH, Hermann-Weinhauser-Str. 73, 81673 Munich, +49 (0) 89 120 852 84, support@snapbuy.de) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or email). You may use the attached model withdrawal form, but this is not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notification of exercising the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If you revoke this contract, we shall reimburse you all payments received from you, including delivery costs (with the exception of any additional costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your revocation of this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur 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 the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your revocation of this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired.
You shall bear the direct cost of returning the goods.
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.
End of the revocation instruction
Model withdrawal form (use is not mandatory)
(If you want to revoke the contract, please fill out this form and send it back.)
To:
Internet Up GmbH
Hermann-Weinhauser-Str. 73
DE-81673 Munich
support@snapbuy.de
I/we(*) hereby revoke the contract concluded by me/us(*) for the purchase of the following goods(*)/the provision of the following service():
Ordered on()/received on(*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if communicated on paper):
Date:
(*) Delete as appropriate.
- Voluntary extended return policy
(1) In addition to the legal right of revocation, we grant you an additional, voluntary return policy of a total of 30 days from receipt of the goods for all items purchased from us. This means that you can still cancel the contract even after the 14-day revocation period has expired by returning the goods to us within 30 days of receipt (starting on the day after receipt of the goods), provided that the goods are complete and in their original packaging, unused and undamaged and are not goods that are specially made according to customer specifications or clearly tailored to personal needs. Timely dispatch is sufficient to meet the deadline.
(2) The voluntary extended return policy only applies in Germany.
(3) The corresponding Snapbuy item must be returned to: Snapbuy, c/o LSM, Europaring 11, 94315 Straubing, Germany. Please do not send items from other sellers to this address.
(4) The contractually granted voluntary return guarantee does not affect your legal rights and claims. In particular, your legal right of revocation and your legal warranty rights remain unaffected.
- Prices, Shipping Costs, Payment, Due Date
(1) The stated prices include the currently applicable legal value-added tax and other price components. Any shipping costs will be added.
(2) We inform the customer in the online shop about the payment methods that are available. The customer independently chooses the preferred payment method from the available payment methods.
(3) If the customer has chosen payment by credit card, their account will be charged on the day of the order.
- Delivery, transfer of risk
(1) The information on delivery times is usually already available in the product description. If this is not the case, all items offered by us are ready for shipment immediately. Delivery within Germany takes place within 5 working days, to other countries within 7 days. The delivery period begins on the day of the conclusion of the contract. If the deadline falls on a Saturday, Sunday or public holiday at the place of delivery, the deadline ends on the next working day.
(2) If the customer is a consumer, the risk of accidental loss and accidental deterioration of the goods sold also passes to the customer upon delivery of the goods.
(3) If the customer is a business, the risk and danger of shipment passes as soon as the goods have been handed over to the logistics cooperation partner commissioned by us.
(4) If the customer is a business, we reserve the right to determine a new, reasonable delivery period in case we are unable to meet a delivery deadline due to reasons beyond our control, after promptly informing the customer. If the ordered item is still not available within this new delivery period, we are entitled to withdraw from the contract with businesses. We will promptly refund any consideration already provided.
- Retention of Title
The goods remain the property of the respective seller until full payment has been received.
- Statutory Warranty Rights
The statutory warranty provisions apply.
- Limitation of Liability
(1) We exclude liability for damages caused by simple negligence, unless such damages result from a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on which the contracting party may regularly rely, and/or unless such damages concern guarantees for the quality of the purchased item, and/or damages resulting from injury to life, body or health, and/or claims under the Product Liability Act. The same applies to breaches of duty by our vicarious agents.
(2) In cases of simple negligence resulting in a breach of essential contractual obligations, liability is limited to damages that are typically associated with the contract and foreseeable.
- Language of the contract, choice of law, place of jurisdiction
(1) The language of the contract is German.
(2) The law of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods. In the case of consumers who conclude the contract for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity, 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.
(3) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is our place of business.
- Customer Service
Our customer service is available for questions, complaints, and objections from Monday to Friday from 9:00 a.m. to 6:00 p.m. except on holidays, at support@snapbuy.de.
- Information according to § 36 VSBG (German Consumer Dispute Resolution Act)
We do not intend to participate in an alternative dispute resolution procedure and are not obliged to do so.
- Online Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR), which can be found at: https://www.ec.europa.eu/consumers/odr; our email address is: support@snapbuy.de.
- Severability Clause
In the event that one or more provisions of these terms and conditions are invalid or unenforceable, or become so afterwards, the remaining provisions shall remain unaffected unless the removal of individual clauses would unreasonably disadvantage one of the contracting parties such that adherence to the contract is no longer reasonable.
Status of T&C: January 2022.