WalletMe General Terms and Conditions
GENERAL TERMS AND CONDITIONS OF
Welcome to walletme.eu!
§ 1 Scope and provider
(1) The General Terms and Conditions (hereinafter referred to as "GTC") govern the sale of products and services by Starlexx GmbH & Co. KG (hereinafter referred to as "WalletMe") (hereinafter referred to as "Provider") to you, in the version valid at the time of the order.
(2) Any deviating terms and conditions of the customer will be rejected.
(3) Please read these terms and conditions carefully before placing an order with Starlexx GmbH & Co. KG (hereinafter: "WalletMe"). By placing an order with Starlexx GmbH & Co. KG (hereinafter: "WalletMe") you agree to the application of these GTC to your order.
(4) On walletme.eu we offer the sale of the following products:
A software application (App) for mobile devices. As a user of the app with a paid subscription, you can add your customer and bank cards to the app in order to use your cards in payment transactions (provided your terminal device supports this) and as part of bonus programs. You will also receive offers as part of using the app. Among other things, we also offer a paid IT product or IT solution with the annual license fee for sales and distribution partners.
(5) On walletme.eu we offer the following services:
Seminars, trainings, videoconferences.
§ 2 Conclusion of the contract
(1) Contracts on this portal can only be concluded in German.
(2) The offers are directed exclusively to end customers with an invoice and delivery address in:
In the case of individual bulky goods, the possible delivery addresses and the place of delivery may be restricted; the restriction is shown in the respective list price.
(3) The customer must be at least 18 years old.
(4) The presentation of the goods in the online store does not constitute a legally effective offer. By presenting the goods, the customer is merely invited to make an offer.
(5) Your order represents an offer to walletme.eu to conclude a purchase contract. The customer makes a binding offer when he has gone through the online ordering process by entering the information requested there and clicks on the button "conclude contract subject to payment" in the last order step.
(6) The purchase contract between the Provider and the Customer shall only be concluded upon a declaration of acceptance by the Provider. This takes place on the earlier of the two dates, either sending the goods or sending a shipping confirmation by e-mail. Please note that the confirmation of receipt of your order does not constitute a declaration of acceptance in the aforementioned sense.
(7) The effectiveness of contracts for larger than normal household quantities as well as the commercial resale of the object of purchase requires the express confirmation on the part of the supplier. This refers both to the number of products ordered as part of one order and to the placement of multiple orders of the same product, where the individual orders comprise a quantity customary in the household.
(8) Your orders will be stored by us after the conclusion of the contract. If you lose your records of your orders, please contact us by e-mail or telephone. We will send you a copy of the order data.
(9) Access to the use of the walletme.eu service requires registration.
(10) With the registration the orderer accepts the present terms and conditions. With the registration a contractual relationship between walletme.eu and the registered orderer arises, which is governed by the regulations of these GTC.
(11) The presentation of the service on the website does not constitute a legally effective offer. By the presentation of the service the customer is only requested to make an offer.
(12) By ordering a paid service, the registered customer enters into a further contractual relationship with walletme.eu that is separate from the registration. The user will be informed about the respective chargeable service and the terms of payment before the conclusion of this contractual relationship. The contractual relationship arises when the orderer confirms the order and payment obligation by clicking the button "close contract subject to payment".
(13) You agree to receive invoices electronically. Electronic invoices will be provided to you by e-mail or in the customer account of the website. We will inform you for each delivery and service whether an electronic invoice is available. For more information about electronic invoices, please visit our website.
§ 3 Description of the scope of services
The scope of services provided by walletme.eu consists of the following services:
The user can register on the website for a fee and purchase an annual license. After registration he gets all rights to use our program. Activate the company's bonus program, invite friends and partners and receive cashback.
§ 4 Prices and shipping costs
(1) Our prices include the applicable statutory value added tax and do not include a flat rate or surcharge for shipping costs. The shipping surcharges vary depending on the type of delivery and the nature of the article.
(2) Despite our best efforts, a small number of products in our catalog may be priced incorrectly. We check prices when we process your order and before we charge payment. If a product is marked with an incorrect price and the correct price is higher than the price on the website, we will contact you before shipping the product to ask if you would like to purchase the product at the correct price or cancel the order. If the correct price of a Product is lower than the price we have quoted, we will charge the lower amount and ship the Product to you.
(3) The prices at the time of the order will apply. If list prices are available, the prices of the list price valid at the time of the order shall apply.
(4) In order to use walletme.eu, registration is first required.
(5) In order to purchase the services of the website, the User must register and create a user account.
(6) If the User wishes to use a service that is subject to a charge, he will be informed in advance of the fact that the service is subject to a charge. In particular, the respective additional scope of services, the costs incurred and the method of payment will be listed.
(7) The Provider reserves the right to charge different fee models for different booking times and user groups and in particular for different periods of use, as well as to offer different scopes of services.
§ 5 Delivery and Cancellation
(1) Unless otherwise agreed, delivery is made to the delivery address specified by the customer. On the website you will find information about the availability of products sold by walletme.eu (e.g. on the respective product detail page). We point out that all information on availability, shipping or delivery of a product are only prospective information and approximate guidelines. They do not represent binding or guaranteed shipping or delivery dates, unless this is expressly designated as a binding date in the shipping options of the respective product.
(2) If walletme.eu determines during the processing of your order that products ordered by you are not available, you will be informed separately by e-mail or by message in your customer account. The legal claims of the customer remain unaffected.
(3) If a delivery to the customer is not possible because the delivered goods do not fit through the entrance door, front door or staircase of the customer or because the customer is not found at the delivery address provided by him, although the delivery date was announced to the customer with reasonable notice, the customer shall bear the costs for the unsuccessful delivery.
(4) Delivery shall be made according to the Customer's method of payment. In the case of advance payment, delivery shall be made after the payment order has been issued to the remitting credit institution. In case of payment by Paypal, credit card, gift card, direct debit, instant bank transfer or invoice, the delivery will be made after the conclusion of the contract.
(5) If your order is shipped in more than one package, you may receive a separate shipping confirmation for each package. In this case, with regard to each shipping confirmation, a separate purchase contract is concluded between us for the products listed in the respective shipping confirmation. The contractual partner is Starlexx GmbH & Co. KG (hereinafter: "WalletMe"). Notwithstanding your right of cancellation, you may cancel your order for a product free of charge at any time before the associated shipping confirmation is sent.
(6) This right to cancel does not apply to certain product groups and services, including digital content or software, which are not delivered on a physical data carrier (e.g. on a CD or DVD), provided that the download or use (whichever is the earlier) has begun.
§ 6 Terms of payment
(1) An accruing fee is to be paid to walletme.eu in advance, at the time of the due date without deduction.
(2) By registering, providing the information required for the payment procedure and using the chargeable service, the User authorizes the Operator to collect the corresponding amount.
(3) A paid service is automatically renewed for the respective booked period (subscription), unless it is cancelled by telephone, e-mail or letter.
(4) The subscription will be collected at the following time: Once in 12 (twelve) months from the date of conclusion.
(5) The Customer may pay for the goods or services by the following methods of payment:
- Credit card
- Direct debit:
In the event of a return debit note for which the Customer is responsible, Starlexx GmbH & Co. KG (hereinafter: "WalletMe") shall charge a lump-sum compensation in the amount of €5 (five euros). The customer can prove that no damage was incurred at all or that the damage is significantly lower than the flat rate. The above provisions shall apply mutatis mutandis to payments of the purchase price of goods sold by third parties.
- Immediate bank transfer
(6) Certain payment methods can be excluded by the provider in individual cases.
(7) The customer is not allowed to pay for the goods or services by sending cash or checks.
(8) Should the Customer choose an online payment method, the Customer thereby authorizes the Provider to collect the amounts due at the time of the order.
(9) If the Provider offers payment in advance and the Customer chooses this payment method, the Customer shall transfer the invoice amount to the Provider's account within five calendar days after receipt of the order. The provider reserves the goods accordingly for five calendar days.
(10) If the Provider offers payment by credit card and the Customer chooses this payment method, the Customer expressly authorizes the Provider to collect the amounts due.
(11) If the Provider offers payment by direct debit and the Customer selects this payment method, the Customer shall grant the Provider a SEPA basic mandate. If a payment transaction is reversed due to a lack of funds in the account or due to incorrectly transmitted bank details, the Customer shall bear the costs.
(12) If the Provider offers payment in advance and the Customer chooses this method of payment, the Customer undertakes to settle the invoice amount within 14 days after the dispatch of the goods, without any deduction of discount.
(13) If the Customer is in default of payment, the Provider reserves the right to claim damages for default.
§ 7 Registration and termination
(1) Furthermore, the Customer declares that he and, to the best of his knowledge, no member of his household has been convicted of an intentional criminal offense that endangers the safety of third parties, in particular of a criminal offense against sexual self-determination (§§ 174 ff. StGB, a crime against life (§§ 211 ff. StGB), a crime against physical integrity (§§ 223 ff. StGB), a crime against personal freedom (§§ 232 ff. StGB), or for theft and embezzlement (§§ 242 ff. StGB) or robbery and extortion (§§ 249 ff. StGB) or for drug abuse.
(2) A user account is for his/her sole and personal use and a user may not authorize third parties to use this account. A user may not transfer his/her account to third parties.
(3) A user is, subject to reservation, entitled to cancel his/her account at any time without giving any reason in writing by mail, e-mail or telephone. At the same time, it is possible to deactivate the user account completely and manually within the data and settings in the user account. The previously concluded contractual relationship is thereby terminated.
(4) If a user has registered for a paid service, he or she may terminate the contract no later than 14 days before the booking period. If this deadline is not met, the paid service will be extended by this period, depending on the selected booking period, and the cancellation will only take effect at the end of the subsequent booking period. Cancellation is possible by phone, e-mail or letter and will be confirmed by us in writing. So that your cancellation can be assigned, the full name, the deposited e-mail address and the address of the customer should be indicated. In case of a cancellation by phone, the individual phone password is required.
(5) walletme.eu may terminate the contract at its sole discretion, with or without prior notice and without giving reasons, at any time. walletme.eu also reserves the right to remove profiles and / or any content published on the website by or from the user. If walletme.eu terminates the registration of the User and/or removes profiles or published content of the User, walletme.eu is not obliged to inform the User about it nor about the reason of the termination or removal.
(6) Following any termination of any individual use of walletme.eu's services, walletme.eu reserves the right to send an information about it to other registered users with whom walletme.eu assumes that they were in contact with the User. walletme. eu's decision to terminate the registration of the User and/or to notify other Users with whom walletme.eu assumes that the User has been in contact does not imply or state that walletme.eu makes any statements about the individual character, general reputation, personal characteristics or lifestyle.
(7) Users are obliged not to make any intentional or fraudulent false statements in their profile and other areas of the Portal. Such information may result in civil action. Furthermore, the Operator reserves the right to terminate the existing contractual relationship with immediate effect in such a case.
(8) If a User's access is blocked and/or the contractual relationship is terminated due to a culpable breach of contract, the User shall pay damages for the remaining term of the contract in the amount of the agreed fee less the expenses saved. The amount of the saved expenses is set at a flat rate of 10% of the fee. Both contracting parties are at liberty to prove that the damage and/or the saved expenses are actually higher or lower.
(9) After termination of the contractual relationship, all data of the User shall be deleted by walletme.eu.
§ 8 Limitation of Liability (Services)
(1) walletme.eu assumes no responsibility for the content and correctness of the information in the registration and profile data of the orderers as well as other content generated by the orderers.
(2) With regard to the searched or offered service, the contract is concluded exclusively between the respective involved orderers. Therefore walletme.eu is not liable for services of the participating orderers. Accordingly, all matters concerning the relationship between the Ordering Parties including, and without exception, the services received by a Searcher or payments due to Ordering Parties shall be addressed directly to the respective party. walletme.eu cannot be held responsible for this and hereby expressly contradicts all possible liability claims of whatever kind including claims, benefits, direct or indirect damages of any kind, conscious or unconscious, suspected or unsuspected, disclosed or not, of whatever kind in connection with the aforementioned matters.
(3) For damages resulting from injury to life, body or health, Starlexx GmbH & Co. KG (hereinafter: "WalletMe") only if they are based on an intentional or negligent breach of duty by Starlexx GmbH & Co. KG (hereinafter: "WalletMe") or an intentional or negligent breach of duty by a legal representative or vicarious agent of Starlexx GmbH & Co. KG (hereinafter: "WalletMe").
(4) Starlexx GmbH & Co. KG (hereinafter: "WalletMe") Europe only if they are based on an intentional or grossly negligent breach of duty by Starlexx GmbH & Co. KG (hereinafter: "WalletMe") or on an intentional or grossly negligent breach of duty of a legal representative or vicarious agent of Starlexx GmbH & Co. KG (hereinafter: "WalletMe").
(5) The claims for damages are limited to the foreseeable damage typical for the contract. In the event of default, they shall amount to a maximum of 5% of the order value.
(6) Claims for damages based on injury to life, limb or health or freedom are subject to a limitation period of 30 years; otherwise after 1 year, whereby the limitation period begins at the end of the year in which the claim arose and the creditor becomes aware of the circumstances giving rise to the claim and the person of the debtor or should have become aware without gross negligence (§ 199 Abs.1 BGB).
(7) The provider reserves the right to check the content of a text written by a user as well as uploaded files for compliance with law and justice and, if necessary, to delete it in whole or in part.
§ 9 Offsetting and right of retention
(1) The Customer shall only have the right of set-off if the Customer's counterclaim has been legally established or has not been disputed by the Supplier.
(2) The Customer may only exercise a right of retention if its counterclaim is based on the same contractual relationship.
§ 10 Retention of title
Starlexx GmbH & Co. KG (hereinafter: "WalletMe") retains ownership of the goods until full payment.
§ 11 Damages in transit
(1) Should the customer receive the goods with obvious transport damages, the provider requests the customer to claim these as soon as possible.
(2) If the customer fails to make a complaint, this has no consequences for the legal warranty rights. The purpose of the complaint is to enable the provider to assert his own claims against the carrier.
§ 12 Right of Defect
(1) If the Purchaser is a consumer, the warranty and liability for defects of the delivered object of purchase shall be governed by the statutory provisions: Accordingly, in addition to your 30-day return guarantee, purchasers in the European Union have warranty rights for a period of two years from the delivery of the goods and may demand the repair or replacement of the products purchased on walletme.eu if they prove to be defective or not as described. If the goods cannot be repaired or replaced within a reasonable time or without difficulty, you may request a refund or reduction of the purchase price.
(2) In the case of used goods, the warranty period may be shorter than two years.
(3) If the Purchaser is not a consumer, the defect shall be remedied by new delivery or new performance.
(4) If the customer is not a consumer, the limitation period shall be one year. This shall apply insofar as no claims for damages and reimbursement of expenses are asserted which relate to compensation for damage to body and health or to intent or gross negligence.
§ 13 Limitation of Liability (Products)
(1) The Provider shall be liable for claims for damages of the Customer arising from injury to life, body, health or from the breach of essential contractual obligations, as well as for other damages based on their intentional or grossly negligent breach of duty, or one of the legal representatives or vicarious agents of the Provider.
(2) Essential contractual obligations are obligations whose fulfillment is necessary to achieve the goal of the contract.
(3) The Provider shall be liable for breaches of essential contractual obligations based on foreseeable damage typical for the contract, provided that the damage was caused by simple negligence. This limitation shall not apply to claims for damages of the Customer based on injury to life, body or health.
(4) The regulations of the product liability law remain unaffected.
(5) Insofar as the liability of walletme.eu is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
§ 14 Cancellation policy
(1) If the customer is a consumer, he shall have a right of revocation in accordance with the following provisions:
(2) Right of revocation
You have the right to revoke this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods (or the last goods, part shipment or piece in the case of a contract for several goods of a uniform order or the delivery of goods in several part shipments or pieces) or from the day of the conclusion of the contract, in the case of digital content that is not delivered on a physical data carrier (e.g. CDs or DVDs) to revoke without giving reasons.
The withdrawal period for services is fourteen days from the day of the conclusion of the contract.
In order to exercise your right of withdrawal, you must notify us:
Starlexx GmbH & Co. KG (hereinafter: "WalletMe").
Kurze Erlen 25
Phone: +49 561 - 57 99 737
Fax: +49 561 - 57 99 736
E-mail: [email protected]
by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the model withdrawal form on our website or send us another clear declaration. If you make use of this option, we will immediately send you (e.g. by e-mail) a confirmation of receipt of such revocation.
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period and that you have returned the goods via our online return center within the period defined below.
For additional information regarding the scope, content and explanations of the exercise, please contact our customer service.
(3) Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within 14 days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
If you have requested that the services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with respect to this contract compared to the total scope of the services provided for in the contract.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods immediately and in any case no later than 14 days from the day on which you notify us of the cancellation of this contract to
Starlexx GmbH & Co. KG (hereinafter: "WalletMe").
Kurze Erlen 25
Phone: +49 561 - 57 99 737
Fax: +49 561 - 57 99 736
E-mail: [email protected]
to return or hand over the goods. The deadline is met if you send the goods before the deadline of 14 days. You shall bear the direct costs of returning the goods.
(4) Exceptions to the right of withdrawal
You must pay for any loss in value of the goods only if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.
The right of withdrawal does not exist or expires for the following contracts:
• for the delivery of goods that are not suitable for return for reasons of health protection or hygiene and whose seal was removed after delivery or which were inseparably mixed with other goods after delivery due to their nature;
• for the delivery of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery;
• for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs
• for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded;
• for services, if walletme.eu has provided them in full and you have noted and expressly agreed before placing the order that we can start providing the service and you lose your right of withdrawal upon complete fulfillment of the contract;
• for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts; and
• for the delivery of alcoholic beverages, the price of which was agreed upon at the conclusion of the purchase contract, but the delivery of which can only take place after 30 days and the current value of which depends on fluctuations in the market over which the entrepreneur has no influence.
§ 15 Exclusion of the right of withdrawal
(1) The right of revocation shall not apply to contracts
- for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
- for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded;
(2) The right of withdrawal shall expire prematurely in the case of contracts for the delivery of
- for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
- for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature;
- for the delivery of audio or video recordings or computer software in a sealed package, if the seal was removed after delivery.
§ 16 Data protection
(1) If personal data (e.g. name, address, e-mail address) is collected, we undertake to obtain your prior consent. We undertake not to pass on any data to third parties unless you have given your prior consent.
(2) We would like to point out that the transmission of data on the Internet (e.g. by e-mail) can have security gaps. Accordingly, error-free and trouble-free protection of third-party data cannot be fully guaranteed. In this respect, our liability is excluded.
(3) Third parties are not entitled to use contact data for commercial activities, provided that the provider has given prior written consent to the persons concerned.
(4) You have the right at any time to receive from walletme.eu complete and free information about the data concerning you.
(5) Furthermore, there is a right to correction/deletion of data/restriction of processing for the user.
(6) Further information on data protection can be found in the separate data protection declaration.
§ 17 Cookies
(4) We would like to point out that some of these cookies are transferred from our server to your computer system, whereby these are mostly so-called session-related cookies. Session-related cookies are characterized by the fact that they are automatically deleted from your hard drive at the end of the browser session. Other cookies remain on your computer system and enable us to recognize your computer system on your next visit (so-called permanent cookies).
(5) You can object to the storage of cookies, for this purpose a banner is available to which you can object/accept.
(6) Of course, you can set your browser so that no cookies are stored on the hard drive or already stored cookies are deleted again. The instructions regarding the prevention and deletion of cookies can be found in the help function of your browser or software manufacturer.
§ 18 Place of Jurisdiction and Applicable Law
(1) The law of the Federal Republic of Germany shall apply exclusively to disagreements and disputes arising from this contract, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) The sole place of jurisdiction for orders from merchants, legal entities under public law or special funds under public law is the registered office of the supplier.
§ 19 Final Provisions
(1) Contract language is German.
(2) We do not offer products or services for purchase by minors. Our products for children can only be purchased by adults. If you are under 18, you may use walletme.eu only with the involvement of a parent or guardian.
(3) If you violate these Terms and Conditions and we do nothing about it, we are still entitled to exercise our rights on any other occasion in which you violate these Terms and Conditions of Sale.
(4) We reserve the right to make changes to our website, rules and regulations, terms and conditions, including these Terms and Conditions at any time. Your order will be governed by the terms and conditions of sale, terms and conditions in force at the time of your order, unless a change to these terms and conditions is required by law or government order (in which case they will also apply to orders you have previously placed). If any provision of these Terms of Sale is invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
(5) The invalidity of any provision shall not affect the validity of the other provisions under the contract. Should this occur, the provision shall be replaced by another legally permissible provision in accordance with its meaning and purpose, which corresponds to the meaning and purpose of the invalid provision.
In the event of any discrepancy between the German and English versions of this document, the German language shall prevail.