General Terms and Conditions
JH Internet GmbH / VENDY1 – Last updated: 14 July 2026
Contracting party
JH Internet GmbH
Oskar-von-Miller-Str. 5, 92507 Nabburg, Germany
Phone: +49 160 97959441 · E-mail: info@vendy1.de
Registering court: Amberg Local Court (Amtsgericht Amberg) · Registration number: HRB 5915
Managing Director: Johannes Höcherl
VAT identification number: DE308892835
WEEE reg. no.: DE 65703042
Hereinafter referred to as "Seller", "we" or "us".
English translation & B2B offering. This is a convenience translation; the legally binding version is the German one, and in the event of any discrepancy the German version prevails (see Section 26.2). Our offers are directed exclusively at entrepreneurs within the meaning of Section 14 German Civil Code (BGB). During the order process, you confirm via a mandatory field ("I am acting as an entrepreneur") that you are concluding the contract in the exercise of your trade, business or profession. Sale to consumers is not intended.
1. Scope of Application
1.1 These General Terms and Conditions apply to all contracts for goods, vending machines, spare parts, accessories, digital content, services and other performances concluded between the customer and JH Internet GmbH.
1.2 These Terms apply regardless of whether the contract is concluded via the online shop, by e-mail, telephone, WhatsApp, a contact form, social media, in person, via an offer, via an invoice, or by any other means, provided they have been effectively incorporated into the contract.
1.3 Deviating, conflicting or supplementary general terms and conditions of the customer do not become part of the contract unless we expressly consent to their validity in text form.
1.4 Individual agreements, offers, order confirmations, invoices or other special arrangements confirmed in text form take precedence over these Terms insofar as they expressly deviate from these Terms.
2. Entrepreneur Status, No Sale to Consumers
2.1 Our offers, in particular in the area of vending machines, machine accessories, spare parts, leasing, hire-purchase, financing and commercial machine solutions, are directed exclusively at entrepreneurs within the meaning of Section 14 BGB.
2.2 An entrepreneur is a natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of its trade, business or profession.
2.3 By placing an order, the customer expressly confirms via the designated mandatory field ("I am acting as an entrepreneur") that they are acting as an entrepreneur and concluding the contract within the scope of their trade, business or profession. Details such as company name, business e-mail address, business address or VAT identification number may be taken into account as indications for this purpose.
2.4 A statutory right of withdrawal or return, such as consumers may be entitled to in distance selling, does not exist for contracts with entrepreneurs. Orders, purchases and pre-orders placed are binding.
2.5 Insofar as a customer, contrary to their confirmation, should actually be acting as a consumer, they are obliged to inform us of this in text form before placing their order. If this notification is not given, we may assume, on the basis of the confirmation given by the customer, that they are acting as an entrepreneur.
2.6 We reserve the right to reject or cancel orders, or to execute them only against advance payment, if there are indications that the customer is not acting as an entrepreneur or has provided incorrect information about their entrepreneur status.
2.7 Insofar as mandatory consumer rights should nevertheless apply in an individual case, these remain unaffected. For such exceptional cases, the statutory consumer provisions and our separately provided withdrawal instructions apply in addition.
3. Conclusion of Contract in the Online Shop
3.1 The products, descriptions, technical specifications, images, prices and delivery times presented in the online shop do not constitute a binding offer, but a non-binding invitation to the customer to submit a binding offer.
3.2 The customer can place products in the shopping cart and submit an order via the order process. Before submitting the order, the customer can review, change or cancel their entries and the ordering process.
3.3 By clicking the "order with obligation to pay" button or a comparable button, the customer submits a binding offer to conclude a contract for the goods or services contained in the shopping cart. The customer is bound by their offer.
3.4 The contract is concluded upon receipt of our order confirmation by the customer. The order confirmation may also be sent automatically by e-mail immediately after the order is placed; an e-mail designated as an "order confirmation" constitutes acceptance of the offer. The receipt of this order confirmation by the customer is decisive for the conclusion of the contract.
3.5 Irrespective of this, we may also accept the customer's offer within five working days by
a) sending the customer an invoice,
b) requesting the customer to pay,
c) dispatching or delivering the goods, or
d) commencing the processing, procurement, customization or production of the goods.
3.6 If payment is made via an instant payment method, in particular PayPal, Klarna, Stripe, credit card, instant bank transfer or a comparable payment method, the contract may already be concluded upon successful payment authorization or payment confirmation.
3.7 We are entitled to withdraw from a concluded contract if one of the following objective grounds exists: (a) the goods are unavailable or not available in time despite proper and congruent cover transactions (Section 10.3); (b) an agreed down payment is not received even within a reasonable grace period set by us; (c) the order confirmation or the underlying offer is based on an obvious error or a clerical, printing, pricing or calculation error; or (d) a required credit check is negative and the selected payment method provides for advance performance by the Seller. Payments already made will be refunded without undue delay in these cases; the customer has no further claims insofar as we are not responsible for the ground for withdrawal.
3.8 For orders requiring a down payment, the processing, procurement, customization or production of the goods begins only after the agreed down payment has been received in full. Until receipt of the down payment, we are not obliged to procure, produce or deliver; the customer derives no claims from this. No fixed date for making the down payment is agreed unless expressly stipulated otherwise. If the customer pays the down payment later, the start of production and delivery is postponed accordingly (Section 7.4).
3.9 A mere acknowledgment of receipt generated immediately after the order is submitted, which is not designated as an order confirmation, merely documents receipt of the order and does not constitute acceptance. Furthermore, we reserve the right to reject orders without giving reasons or to execute them only against advance payment.
4. Conclusion of Contract Outside the Online Shop
4.1 Offers, price lists, product information, social media presentations, catalogs, brochures, advisory statements and other product presentations outside the online shop are non-binding unless they are expressly designated as a binding offer.
4.2 A contract outside the online shop is concluded when the customer places a binding order and we accept this order.
4.3 A binding order exists in particular if the customer
a) expressly accepts an offer,
b) commits to the purchase by e-mail, telephone, WhatsApp or in any other text form,
c) instructs us to prepare an invoice,
d) confirms an order confirmation,
e) makes a down payment,
f) confirms the delivery, or
g) otherwise clearly declares the intention to purchase the goods or service.
4.4 Wording such as "Yes, I'll take it", "Please send invoice", "please order", "please reserve", "please produce", "we hereby commission you", or equivalent statements may constitute a binding placement of an order.
4.5 Changes, additions and ancillary agreements are only binding if confirmed by us in text form.
4.6 We are entitled to adjust or revoke offers, price information, availability or delivery commitments as long as no binding order confirmation, invoice, request for payment or other acceptance of the contract has yet been made.
5. Contract Language, Storage of Contract Text and Communication
5.1 The German language is available for the conclusion of the contract.
5.2 Communication and order processing regularly take place by e-mail and via automated order processing.
5.3 The customer must ensure that the e-mail address they provide is correct and that our e-mails can be received. This applies in particular where spam filters are used.
5.4 After conclusion of the contract, the contract text is stored by us and generally transmitted to the customer by e-mail or in another text form. If the customer has set up a customer account, order data may be viewable in the customer account.
6. Prices, Shipping Costs and Payment Terms
6.1 Unless expressly stated otherwise, our prices to entrepreneurs are net prices plus statutory VAT and plus delivery, shipping, packaging, freight and other ancillary costs. The respective presentation in the offer, online shop, shopping cart, order confirmation or invoice is decisive.
6.2 Delivery and shipping costs are shown separately unless they are expressly included in the price. The available payment methods are communicated to the customer in the online shop, in the offer or on the invoice. Shipping and freight costs stated in the ordering process or offer are guide values and may vary depending on the shipping location, freight class, weight, bulkiness or freight surcharge; only the shipping costs shown in the order confirmation or invoice are binding.
6.3 Unless otherwise agreed, the invoice amount is due immediately upon receipt of the invoice without deduction. In the case of advance payment, payment is due immediately upon conclusion of the contract; delivery, production, reservation or further processing may be made dependent on full payment or the agreed down payment.
6.4 In the case of purchase on account, the invoice amount is to be paid without deduction within the payment period stated on the invoice. If no specific payment period is stated, the amount is due immediately.
6.5 If the customer defaults on payment, we are entitled to demand default interest at the statutory rate (for legal transactions in which a consumer is not involved, nine percentage points above the base interest rate) and a flat rate pursuant to Section 288(5) BGB. We reserve the right to assert further damages caused by default.
6.6 We reserve the right to offer certain payment methods only after a credit check, only up to a certain order value, or only after individual approval.
6.7 The customer may only offset against undisputed, legally established or ready-for-decision counterclaims. The customer may only exercise a right of retention insofar as their counterclaim is based on the same contractual relationship.
7. Down Payments, Pre-Orders and Customized Production
7.1 If the ordered goods, in particular a vending machine, are not in stock and must first be procured, ordered, customized or produced (ordered, procurement or pre-order goods), a down payment becomes due. The same applies to special orders, double machines and comparable orders. For goods immediately available from stock, no down payment is generally required unless otherwise agreed.
7.2 Unless otherwise agreed, the down payment is
a) EUR 1,500.00 for each individual device or each individual vending machine,
b) EUR 3,000.00 for double devices or double machines.
7.3 Further down payments may depend on the number, type, scope, customization, production status or procurement effort of the ordered devices.
7.4 After receipt of the agreed down payment, the device may be procured, reserved, customized or put into production for the customer. Delivery takes place only after full payment of the invoice amount, including any shipping, freight, additional and ancillary costs. The estimated delivery date or delivery time is calculated from the full receipt of the down payment. If the customer pays the down payment later, the estimated delivery date is postponed accordingly.
7.5 Pre-orders and orders for customized, procured or produced devices are binding. There is no right to cancellation; a cancellation requires our prior consent in text form.
7.6 If the customer cancels an order, a pre-order or a production order, we are entitled to offset the down payment made against the costs and damages actually incurred, in particular procurement, production, administration and reservation costs.
7.7 The customer reserves the right to prove that no or significantly lower expenses or damages were incurred. We reserve the right to prove higher damages.
8. Leasing, Financing and Hire-Purchase Orders
8.1 For leasing, hire-purchase and financing solutions, we work with specialized financing and leasing partners, in particular LEASFINANZ GmbH & Co. KG, Siemensstraße 56, 59199 Bönen, and finyo GmbH, Roonstraße 23a, 76137 Karlsruhe.
8.2 Insofar as the customer uses leasing, hire-purchase, financing or comparable financing models, the contractual terms of the respective leasing, financing or hire-purchase partner apply in addition.
8.3 If the customer wishes to arrange financing, we may transmit the data required for the financing request (in particular company, contact, asset and financing data) to the respective financing or leasing partner. Such a transmission takes place solely at the customer's request or with their consent and in coordination with them. The partners process the transmitted data as independent controllers within the scope of financing initiation and processing; in this respect, their respective contractual and data protection provisions apply. Details of the data processing are set out in our Privacy Policy.
8.4 In such financing models, unless expressly agreed otherwise, we act as seller, intermediary or processing partner. The financing contract is generally concluded between the customer and the respective financing partner.
8.5 The customer is obliged to sign, transmit or release all documents required for delivery, financing, disbursement, release or contract execution completely, properly and on time. This includes, in particular, the acceptance confirmation (Übernahmebestätigung).
8.6 If the documents required for delivery or financing processing are not transmitted within 14 calendar days of the goods being made available or of a request by us, we are entitled to charge a reasonable flat rate for storage, standing and administration costs from the 15th calendar day. This amounts to 0.25% of the net order value per calendar day, but no more than 15% of the net order value in total.
8.7 The customer reserves the right to prove that no or significantly lower damage was incurred. We reserve the right to prove higher damage.
8.8 Delays caused by the customer's lack of cooperation, missing documents, missing releases, incomplete financing processes or rejection by a financing partner are not at our expense.
8.9 The customer is obliged to sign the acceptance confirmation required for delivery and financing processing completely and properly without undue delay after delivery, but at the latest upon commissioning or use of the goods, and to transmit it to us or the financing partner. Upon acceptance and at the latest upon commissioning or use, the goods are deemed to have been handed over and accepted in conformity with the contract, unless the customer has previously properly given notice of a material defect (Section 11).
8.10 If the customer accepts or commissions the goods but does not sign or transmit the acceptance confirmation required for disbursement by the leasing or financing company, or does not do so in time, and payment of the purchase price to us therefore fails to occur, the customer is directly obliged to pay us the full invoice amount. In this respect, the customer places us in the same position as if payment had been made by the financing company. This does not apply insofar as the customer justifiably refuses to sign due to a material, properly notified defect. Payment becomes due upon the failure of disbursement, at the latest seven working days after our request for payment.
8.11 Instead of the payment under Section 8.10, or until it is received in full, we are entitled to demand the return of the goods on the basis of the retention of title (Section 14). The customer bears the costs of the return and any diminution in value resulting from commissioning or use, insofar as they are responsible for the missing payment or signature.
9. Delivery, Freight Forwarding, Curbside and Duties to Cooperate
9.1 Delivery is made to the delivery address specified by the customer, unless otherwise agreed. In the case of payment via PayPal or other payment service providers, the delivery address stored there may be decisive, insofar as technically or contractually necessary.
9.2 Vending machines and comparable large devices are generally delivered securely on a Euro pallet.
9.3 Delivery by freight forwarder is made, unless otherwise agreed, free curbside, i.e., to the nearest public curbside of the specified delivery address. Transport from the curbside to the final installation location is not part of the delivery unless expressly agreed.
9.4 The customer is obliged to have suitable equipment, personnel and prerequisites for onward transport available, in particular pallet trucks, forklifts, ramps, sufficiently wide access, elevators or level transport routes. Before delivery, the customer must ensure that the delivery address is accessible for the freight forwarder and that the goods can be properly unloaded there.
9.5 Additional costs due to a lack of unloading facilities, a lack of equipment, an incorrect or inaccessible delivery address, waiting times, repeated delivery attempts or return transport are borne by the customer, insofar as they are responsible for these circumstances.
9.6 Collection by the customer is only possible by prior arrangement. In this case, the customer bears responsibility for loading, load securing, transport and insurance from the point of handover.
10. Delivery Times, Default in Delivery, Self-Supply and Force Majeure
10.1 Stated delivery times and delivery dates are non-binding unless they have been expressly confirmed in text form as a binding fixed date. If a delivery time is stated as a range, this is the estimated delivery time.
10.2 Delivery times begin only when all technical, commercial and organizational prerequisites are met, in particular full payment or the agreed down payment, clarification of the delivery address, release of the order, clarification of all execution details, signing of required documents and full cooperation by the customer. If the customer's cooperation is delayed, the delivery time is extended accordingly; the Seller does not fall into default of delivery in this respect.
10.3 The Seller distributes goods that it obtains from suppliers, manufacturers and upstream suppliers. If the Seller is not supplied, is supplied incorrectly or is not supplied in time by a supplier or manufacturer despite proper and congruent cover transactions, and is not responsible for this (reservation of self-supply), the delivery time is extended by the duration of the resulting delay. The Seller will inform the customer without undue delay and, insofar as the goods are permanently unavailable in whole or in part, is entitled to withdraw from the affected part of the contract. Consideration already provided will be refunded without undue delay in this case. The customer has no further claims insofar as the Seller is not responsible for the non-delivery.
10.4 Events of force majeure and other circumstances for which the Seller is not responsible reasonably extend the delivery time. These include, in particular, strikes, lockouts, shortages of raw materials, materials and components, production stoppages, supply shortages, and delays or failures at suppliers, manufacturers or upstream suppliers, import, transport and freight delays, customs and clearance delays, official measures, energy and IT failures, cyberattacks, pandemics and epidemics, war, terror, and natural events. The same applies if the aforementioned circumstances occur at a supplier or upstream supplier of the Seller.
10.5 Delays for the reasons stated in Sections 10.3 and 10.4 are deemed reasonable for a duration of up to 25 working days and do not constitute default of delivery by the Seller. The Seller will inform the customer of material delays and their expected duration insofar as it becomes aware of them.
10.6 If an event under Section 10.4 lasts longer than six weeks, both the Seller and the customer are entitled to withdraw from the contract with regard to the part of the performance affected by the delay. Consideration already provided will be refunded without undue delay. Claims for damages due to non-performance caused by the delay or withdrawal do not exist in these cases, insofar as the Seller is not responsible for the circumstances.
10.7 If the Seller is in default of delivery, the customer must first set a reasonable grace period for performance in text form, insofar as setting a deadline is not legally dispensable. After the grace period has expired without result, the customer's rights of withdrawal and to damages exist in accordance with the statutory provisions and Section 18 of these Terms.
10.8 Partial deliveries are permissible insofar as they are reasonable for the customer; they may be invoiced separately. If only part of the delivery is delayed, this does not affect the obligation to accept and pay for the remaining parts delivered in conformity with the contract.
10.9 The Seller's liability for damages due to default in delivery is governed by Section 18. In the case of slight negligence, liability for damages caused by delay is additionally limited in amount to the foreseeable damage typical for the contract. Section 18.4 remains unaffected.
11. Passing of Risk, Transport Damage and Inspection Obligations
11.1 The risk of accidental loss and accidental deterioration of the goods passes to the customer as soon as the goods have been handed over to the freight forwarder, carrier or other person designated to carry out the shipment.
11.2 The customer is obliged to inspect the goods immediately upon delivery. Visible transport, packaging, pallet or impact damage must be reported immediately upon delivery to the driver or freight forwarder and noted on the delivery slip, waybill or digital proof of delivery.
11.3 In addition, the customer must notify us of identifiable transport damage in text form without undue delay, ideally on the day of delivery, and transmit meaningful photos of the packaging, pallet, damage, type plate and overall device. If the customer fails to properly document obvious transport damage, they bear the resulting disadvantages, insofar as they are responsible for the failure to document.
11.4 If the customer is a merchant within the meaning of the German Commercial Code, the duty to inspect and give notice of defects pursuant to Section 377 HGB applies. Obvious defects must be reported in text form no later than within two working days of delivery, non-obvious defects without undue delay after discovery. If timely notice is not given, the goods are deemed approved, insofar as the statutory requirements of Section 377 HGB are met.
12. Default of Acceptance, Storage Costs and Return Transport
12.1 If the customer is in default of acceptance of the goods, we are entitled to store the goods at the customer's risk and expense.
12.2 Default of acceptance exists in particular if
a) the customer unjustifiably refuses delivery,
b) the delivery address is incorrect or inaccessible,
c) the customer is not reachable on the agreed delivery date,
d) unloading fails for reasons for which the customer is responsible,
e) required documents, releases or payments are missing, or
f) the customer does not accept the goods despite their provision.
12.3 In the event of default of acceptance, the customer bears all costs incurred as a result, in particular storage, standing, return transport, renewed shipping, freight and processing costs, and other additional expenses. We reserve the right to charge reasonable storage costs for each commenced calendar day; we reserve the right to assert further claims.
12.4 The passing of risk is not postponed to our disadvantage by default of acceptance.
13. Foreign Deliveries, Customs and Import Duties
13.1 Deliveries outside Germany are made only by individual arrangement.
13.2 For deliveries outside Germany, the customer bears all additional costs, in particular shipping, freight and customs costs, import duties, taxes, fees, bank and exchange rate costs, and other processing costs. Such costs are not included in the price of the goods unless they are expressly stated or agreed.
13.3 The customer is responsible for ensuring that the ordered goods may be imported into, operated in and used in the respective destination country.
13.4 Returns from abroad are made only with prior consent in text form. Any return, customs, processing and shipping costs are borne by the customer, unless mandatory statutory provisions conflict.
13.5 If shipment to Switzerland is made by UPS, the customer is obliged to additionally send the invoice or customs invoice themselves by e-mail to the address designated by UPS for this purpose (currently gkiss@ups.com), stating the respective tracking number in the subject line of the e-mail. If this is not done, delays or additional costs may arise in customs clearance for which the Seller is not responsible.
14. Retention of Title
14.1 The delivered goods remain our property until all claims arising from the ongoing business relationship have been settled in full.
14.2 The customer is obliged to handle the goods subject to retention of title with care, to store them properly, to protect them against third-party access and to insure them adequately against customary risks, insofar as this is reasonable given the type and value of the goods.
14.3 Pledging, transfer by way of security or other disposal of goods subject to retention of title is not permitted without our prior consent. In the event of third-party access to the goods subject to retention of title, in particular attachments, the customer must inform us without undue delay in text form.
15. Liability for Defects, Warranty and Special Provisions for Vending Machines
15.1 Unless otherwise provided below, the statutory provisions on liability for defects apply.
15.2 The following applies to entrepreneurs:
a) We have the choice of the type of supplementary performance.
b) For new goods, the limitation period for claims for defects is one year from delivery.
c) For used goods, the limitation period for claims for defects is likewise one year from delivery; further claims for defects are excluded, insofar as legally permissible.
d) The limitation period does not start anew if a replacement delivery or rectification is carried out within the scope of liability for defects.
15.3 For vending machines, machine modules, machine accessories and comparable commercial devices, the following applies additionally to entrepreneurs: Supplementary performance is carried out at our choice by delivery of spare parts, rectification or replacement delivery. We owe installation and removal, replacement and on-site services, including technician, travel and working time costs, only insofar as they are absolutely necessary for statutory supplementary performance in the individual case or are expressly agreed in text form. The customer may only assert claims for price reduction, withdrawal or damages in lieu of performance once supplementary performance has failed, is refused by us or is unreasonable for the customer; the statutory cases in which setting a deadline is dispensable remain unaffected.
15.4 The warranty does not cover wear and consumable parts that are subject to natural wear during intended use. These include, in particular but not exhaustively: control buttons, keys, seals, locks, springs, coin validators, banknote and card readers, payment terminals, sensors, displays, touchscreens, drive belts, motors, fans, pumps, lighting elements, fuses, cables, plug connections, rechargeable batteries and batteries.
15.5 Excluded from the warranty are damage, defects or malfunctions attributable to improper use, incorrect installation, missing or inadequate cleaning or maintenance, unauthorized modifications, unauthorized repairs, interventions by third parties, vandalism, theft or manipulation, humidity, moisture, frost, heat or direct sunlight, overloading, incorrect filling or unsuitable products, power fluctuations, overvoltage or faulty electrical installation, software, network, SIM, telemetry or payment service problems beyond our control, and operating errors or non-compliance with instructions, order confirmations, warnings or manufacturer specifications.
15.6 Unauthorized repairs, alterations or modifications by the customer or third parties lead to the exclusion of the warranty, insofar as the defect was caused thereby or the examination of the defect is thereby impeded. Return, price reduction, replacement delivery or other goodwill arrangements are made only after prior examination and consent in text form.
15.7 The above restrictions do not apply in the case of intent, gross negligence, injury to life, body or health, fraudulent concealment of a defect, assumption of a guarantee or quality guarantee, mandatory product liability, or other mandatory statutory claims.
15.8 Services outside the warranty, in particular repairs, inspections, collections or returns, require prior release by us (service registration/RMA). We are not obliged to accept devices sent in without prior release or sent carriage forward (unpaid); the resulting costs are borne by the customer.
15.9 If an examination reveals that there is no defect for which we are responsible within the meaning of the warranty – in particular in the case of wear, incorrect operation, improper use, external influences, insufficient cleaning or maintenance, vandalism, interventions by third parties, removed or damaged inspection and quality seals (Section 17), or an expired warranty period – the customer bears all costs incurred as a result. These include, in particular, outbound and return transport or collection, a fault-finding and inspection flat rate, the working time expended, and material used, in each case based on effort or according to our respective valid service price list.
15.10 We carry out chargeable repairs only after transmitting a cost estimate and obtaining the customer's release. If the customer rejects the chargeable repair, we are entitled to charge the inspection and fault-finding flat rate incurred and the costs for transport or return. If the customer places the chargeable repair order, we credit an inspection flat rate already charged against the repair costs.
15.11 If we repair customer devices free of charge, collect them or return them free of charge even though there is no warranty claim, this is done solely voluntarily and as a gesture of goodwill, without acknowledgment of any legal obligation. No claim to future free services arises from this.
16. Exclusions for Outdoor Installation and Improper Use
16.1 The installation of vending machines, machine modules or other devices outdoors is at the customer's own risk, unless the respective device has been expressly confirmed in text form as suitable for the specific outdoor location.
16.2 Outdoor installation exists in particular where the device is exposed to direct or indirect weather, humidity, frost, heat, sunlight, temperature fluctuations, dust, vandalism or other environmental influences.
16.3 For damage, defects and malfunctions caused or contributed to by outdoor installation, direct sunlight, heat, humidity, frost, insufficient ventilation or comparable external influences, we assume no liability and no warranty, insofar as legally permissible. Section 15.7 remains unaffected.
16.4 The customer is responsible for checking the installation location for suitability, load-bearing capacity, power supply, network coverage, weather and sun protection, temperature conditions, ventilation, access protection and safety before commissioning. Notes on the website, offer, order confirmation, operating instructions, delivery slip or other documents must be observed.
17. Inspection, Quality and Warranty Seals
17.1 Vending machines may be provided with a QC sticker from the manufacturer's quality inspection and with a VENDY1 quality sticker. These seals must not be removed, damaged, covered over, altered or manipulated.
17.2 In the event of removal, damage, manipulation or alteration of such a seal, any voluntary guarantee granted by us for the affected machine ceases to apply in full. Mandatory statutory rights in respect of defects remain unaffected, insofar as they are not excluded or no longer verifiable due to the manipulation, removal or damage of the seal.
17.3 The customer bears the burden of presentation and proof that an asserted defect was not caused by manipulation, an intervention or an alteration, insofar as corresponding indications exist.
18. Liability
18.1 We are liable without limitation in the case of intent and gross negligence, in the case of injury to life, body or health, under the German Product Liability Act, in the case of fraudulent concealment of a defect, and insofar as we have assumed a guarantee.
18.2 In the case of a slightly negligent breach of material contractual obligations, we are liable only for the foreseeable damage typical for the contract. Material contractual obligations are those whose fulfillment makes the proper performance of the contract possible in the first place and on whose compliance the customer may regularly rely. Otherwise, our liability is excluded.
18.3 Liability for lost profit, loss of turnover, default payments, downtime, indirect damage, consequential damage, contractual penalties of the customer towards third parties, loss of use or location, or other economic consequential damage is excluded, insofar as legally permissible and insofar as no case under Section 18.1 exists.
18.4 In the case of delivery delays, damage caused by third parties, transport or freight errors, production delays, supply shortages or force majeure, there are no claims to default payments, lost profit or other economic compensation, insofar as we are not responsible for these circumstances.
18.5 The limitations of liability also apply in favor of our legal representatives, employees, vicarious agents, service providers and subcontractors.
19. Return and Cancellation in Business Transactions
19.1 Since our offers are directed at entrepreneurs, there is no statutory right of withdrawal under Section 355 BGB. A return, exchange or cancellation is only possible with our prior consent in text form.
19.2 Goods that have already been dispatched, procured, reserved, produced, customized or specially ordered for the customer are generally excluded from return and cancellation. This applies in particular to individually configured, labeled, branded or customer-specified vending machines; these are excluded from exchange, return and cancellation.
19.3 If we consent to a return or cancellation as a gesture of goodwill, the customer bears all costs incurred as a result, in particular return, freight, packaging and processing costs, any diminution in value, and payment service provider fees.
19.4 Unannounced returns, unjustified refusals of acceptance or return transports without prior consent are deemed default of acceptance and result in the customer bearing the costs.
20. Online Payments, Payment Service Providers and Buyer Protection
20.1 If a payment method offered via PayPal, Stripe or Klarna is selected, payment processing is carried out via the respective provider (PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg; Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Dublin, Ireland; Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden). Their respective terms of use and payment terms, to which the customer is referred during the order process, apply in addition.
20.2 If the customer pays via a payment method selectable in the ordering process and offered by PayPal, the Seller declares acceptance of the offer at the point in time at which the customer clicks the button completing the ordering process.
20.3 If the Seller offers payment methods via PayPal or Klarna for which it makes advance performance (e.g., purchase on account or installment purchase), it assigns its payment claim in this respect to the respective provider. Before accepting the assignment, the provider carries out a credit check based on the transmitted customer data; in the case of a negative result, the relevant payment method may be refused. If the payment method is permitted, the customer can in this respect only pay to the respective provider with debt-discharging effect. The Seller remains responsible for general customer inquiries (e.g., regarding goods, delivery time, shipping, returns, complaints or credit notes).
20.4 In the case of purchase on account, the invoice amount is to be paid without deduction within the payment period stated on the invoice; if no such statement exists, Section 6.4 applies. The Seller reserves the right to offer purchase on account only up to a certain order volume, to carry out a credit check, and to reject this payment method in the case of a negative check result.
20.5 Payment service providers such as PayPal, Klarna, Stripe, Mollie, Amazon Pay or comparable providers act solely as payment processors, insofar as they do not expressly offer their own financing or payment services.
20.6 Internal buyer protection, chargeback or dispute resolution procedures of payment service providers do not change the contractual legal situation between the customer and us and do not replace an effective withdrawal, a justified notice of defect or any other legally required declaration.
20.7 In the case of unjustified chargebacks, abusive buyer protection procedures, unfounded chargebacks or comparable payment disruptions, we reserve the right to assert costs incurred, payment service provider and return debit fees, and reasonable processing costs.
21. Usage Rights for Digital Content
21.1 Insofar as digital content, files, documents, instructions, templates, software components or other digital products are provided, the customer receives a simple, non-exclusive, non-transferable right of use thereto, which is limited to the contractually intended purpose, unless otherwise provided in the respective offer.
21.2 Passing on to third parties, making publicly available, reproduction for third parties, editing or commercial exploitation is only permitted if this has been expressly agreed.
21.3 Insofar as the contract relates to the one-time provision of digital content, the granting of rights only becomes effective once the customer has paid the remuneration owed in full. A provisional provision before full payment does not lead to a final transfer of rights.
22. Processing of Goods According to Customer Specifications
22.1 If, under the contract, we owe the processing, customization, labeling, design, configuration or other adaptation of goods according to customer specifications, the customer must provide all content, data, texts, images, logos, graphics, trademarks, files, dimensions and technical specifications required for this in good time and in a suitable form.
22.2 The customer is solely responsible for ensuring that they hold all necessary rights to the content provided, and guarantees that no rights of third parties are infringed by its use, in particular no copyright, trademark, design, personality, name or other protective rights.
22.3 The customer indemnifies us against all third-party claims asserted against us due to the contractual use of the content provided by the customer, including reasonable costs of legal defense.
22.4 We are entitled to reject processing, customization or design orders if content violates laws, official requirements, third-party rights or public morals, in particular in the case of unlawful, discriminatory, anti-constitutional, insulting, youth-endangering, violence-glorifying, pornographic, misleading or trademark-infringing content.
23. Promotional Vouchers
23.1 Promotional vouchers are issued free of charge within the scope of advertising campaigns and cannot be purchased. They can only be redeemed within the specified period and under the conditions communicated in each case.
23.2 Individual products, services, shipping costs, spare parts, machines, reduced goods or financing offers may be excluded from voucher promotions. Promotional vouchers can only be redeemed before the ordering process is completed; subsequent offsetting is excluded.
23.3 The balance of a promotional voucher is not paid out in cash and does not bear interest. If the value is not sufficient to cover the order, the difference can be settled via an offered payment method. If an order is reversed in whole or in part, there is no claim to payment or reimbursement of a promotional voucher.
24. Gift Vouchers
24.1 Gift vouchers can be purchased and redeemed only in the online shop or according to the respective voucher conditions stated. Gift vouchers and remaining balances can be redeemed until the end of the third year after the year of the voucher purchase, unless otherwise provided by law or contract.
24.2 Gift vouchers can only be redeemed before the ordering process is completed and cannot be used to purchase further gift vouchers. The balance is not paid out in cash and does not bear interest. If the value is not sufficient, the difference can be settled via an offered payment method.
24.3 Purchased gift vouchers are provided to the customer by e-mail or as a download after receipt of payment, unless otherwise stated.
25. Telecommunications and Third-Party Provider Contracts
25.1 Insofar as products, payment devices, telemetry systems, SIM cards, payment terminals, software, apps, cloud services, network connections or other services are connected with third-party services, a contract between the customer and a third-party provider may additionally be required. The terms of the respective third-party provider apply exclusively to such contracts.
25.2 We are not liable for disruptions, delays, failures, rejections, blocks, fee changes or other performance problems arising from the contractual relationship between the customer and a third-party provider, insofar as we are not responsible for them. Insofar as we broker third-party services, we act only as an intermediary, unless expressly agreed otherwise.
26. Applicable Law
26.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). In the case of international matters, mandatory statutory provisions remain unaffected, insofar as they cannot be effectively excluded.
26.2 These General Terms and Conditions are also available in German. This English version is a translation provided for convenience only. In the event of any discrepancies or differences in interpretation between the German and the English version, the German version shall prevail.
27. Place of Jurisdiction and Place of Performance
27.1 If the customer is a merchant, a legal person under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship is our registered office. This also applies if the customer has no general place of jurisdiction in Germany or relocates their registered office abroad after conclusion of the contract, insofar as legally permissible.
27.2 We remain entitled to sue the customer at their general place of jurisdiction as well. The place of performance for delivery and payment is our registered office, unless otherwise agreed and insofar as legally permissible.
28. Consumer Dispute Resolution
28.1 We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board. This information is provided in fulfillment of statutory information obligations and applies in particular insofar as consumer rights should exceptionally be affected.
29. Final Provisions
29.1 Changes and additions to these Terms require text form, unless a stricter form is prescribed by law.
29.2 Should individual provisions of these Terms be or become wholly or partially invalid, the validity of the remaining provisions remains unaffected. The statutory provision applies in place of the invalid provision.
29.3 Headings serve only for better clarity and have no independent regulatory content.