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General Terms and Conditions (AGB)

of CASHY Austria GmbH

I. Scope of application

§ 1 General terms of use, common conditions for purchases and sales, basic provisions

1. the following terms and conditions apply to all contracts between CASHY Austria GmbH ("CASHY"), Ared Straße 13/HO 16/3/96, 2544 Leobersdorf and the customer.


2. customers can be consumers or entrepreneurs. A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.


§ 2 Use of our website, opening a customer account; use of your data by us


1. in order to use our services, you must register on our website at www.cashy.at. As part of the registration process, it is necessary to agree to the validity of these GTC and our data protection provisions.


2. you open a customer account as part of the registration process. The information required to open an account must be complete and truthful.


3. you are entitled to request the deletion of your customer account including all stored data. To do so, please send us a message to support@cashy.at. You can also delete your customer account yourself in the customer area on our website.


4. we use the information we receive from you when you open an account or when you buy and sell to execute the purchase and sale agreement with you. For further details, please refer to our privacy policy.

II Purchase of used goods by CASHY

§ 3 Conclusion of contract and execution of the purchase

1. on our website www.cashy.at you will find individual groups of goods that we are prepared to purchase. By clicking on the goods-specific selection criteria, you offer us your used or new goods for sale. By clicking on the "Sell" button, you make us a binding offer to sell based on your description of the goods and their condition at the price stated to you on our website. This price assumes that you have truthfully described the condition of the goods and does not constitute our acceptance of the offer to sell. If you are a consumer, all prices include the applicable value added tax.


Following your offer to sell, you have 14 days to send us the goods you have offered, bring the goods to one of our CASHY stores or CASHY partner stores or have the goods collected by one of our couriers.


Upon receipt of the goods, we will immediately check the condition and quality of the goods.


If the goods are sent to us or collected by our courier, we will inform you by e-mail within 7 working days of receipt of the goods at the latest whether we accept or reject your offer to sell. If the goods are handed over in one of our CASHY stores or one of the CASHY partner stores, we will inform you on site whether we accept your offer to sell. If we accept your offer to sell, a corresponding contract will be concluded for the purchase of the goods offered by you at the price stated by us on the website. If we do not pay you the purchase price in cash on site in the CASHY store or one of the CASHY partner stores, we will inform you immediately by e-mail when we have transferred the payment amount to the bank account or Paypal account specified by you.


2. in the event that the information you provide in your offer does not correspond to the condition of the goods, we will reject your offer to sell or make you a new purchase offer on site in the CASHY Shop or one of the CASHY partner stores or by e-mail with a price adjusted to the actual condition of the goods.


3. as a matter of principle, we only purchase goods in quantities that are customary for private customers. You make a separate offer to us for each individual item in accordance with the description of the purchase process, with the result that an individual purchase contract may be concluded for each individual item or such a contract may be rejected.


§ 4 Submission; submission costs; transportation risk; data deletion


1. we will automatically send you a franking slip by e-mail after you have submitted your binding sales offer. You will have to pay EUR 5.00 for this franking slip. If your offer to sell is accepted, this amount will be deducted from the amount paid out. If you choose to have the item collected by our courier, a fee of EUR 15.00 will be charged. If your offer to sell is accepted, this amount will be deducted from the payout amount.


2. the goods shipped by you are shipped by you at your own risk, i.e. the risk of damage or loss of the goods lies with you. The risk is only transferred to us when the properly packaged goods are handed over to us.


3. the transportation of the goods is insured up to a value of EUR 500.00. You have the option of insuring a higher value of goods at your own expense.


4. if you wish to send us goods on which data is stored, you must back up this data before sending it and delete it permanently and securely. We assume no liability for the backup of such data and are not responsible for ensuring that such data is not disclosed to third parties.


§ 5 Return, storage, utilization


1. in the event that we reject your binding sales offer, we will return the goods to the address you have provided. We will bear the costs for the return shipment.


2. if the return is unsuccessful, we will send you an e-mail within seven days setting a deadline to provide a new address or to accept the shipment. We will store the goods at your expense until successful reshipment.


3. if the costs or expenses caused by you for the return and storage exceed the value of the goods, we will immediately recycle or dispose of them for you.


§ 6 Transfer of ownership / Warranty


1. by submitting an offer for your goods, you warrant to us that you are the legal owner of these goods, that you may freely dispose of the property and that you can procure the property for us free from the rights of third parties.


2. you shall indemnify us against all third-party claims upon first request and shall be liable for compensation for any damage if you are unable to transfer unencumbered ownership to us.


3. the statutory warranty rights shall apply.

III Sale of goods by CASHY

§ 7 Conclusion of contract and sales process via our webshop at www.cashy.at

1. the presentation of the goods in the online store does not constitute a legally binding offer, but an invitation to purchase. By ordering the desired goods, you submit a binding offer to conclude a purchase contract with us as soon as all the required information is entered and the "Buy now" button is clicked in the final step. Before submitting the binding order, you can correct any input errors using the usual keyboard and mouse functions until you complete the order process.


2. we will send you a confirmation of the content of the offer immediately after receipt of your binding offer. The contract is concluded upon receipt of the order confirmation.


3. the order confirmation will be sent to you by e-mail.


§ 8 Prices and terms of payment


1. the purchase price is due with the order. The prices quoted are in euros including VAT and packaging, plus delivery and shipping costs where applicable.

2. we accept the following payment methods: cash on collection in one of our CASHY stores or CASHY partner stores, payment in advance, cash on delivery, EC card payment, credit card payment.


§ 9 Delivery


1. shipping usually takes place within one working day. Delivery is made to countries in the European Union


Shipping costs within Germany:

up to 3kg*: 5 Euro

up to 10kg*: 8 Euro

up to 19kg*: 14 Euro


Shipping costs to Austria:

up to 3kg*: 7 Euro

up to 10kg*: 10 Euro

- 5 / 7 -

up to 19kg*: 17 Euro


Shipping costs within the rest of the European Union:

up to 3kg*: 8 Euro

up to 10kg*: 11 Euro

up to 19kg*: 18 Euro


*maximum format: L90cm x W:60cm x H:55cm


2. if goods are delivered to you with obvious damage to the packaging or contents, you must notify us of this within two weeks of receipt of the goods at the latest, without prejudice to your warranty rights, so that we can assert claims for transport damage against the logistics company commissioned by us. If you are a merchant and purchase the goods for the operation of a commercial business, § 377 HGB (German Commercial Code) applies.


3. the risk of accidental loss and accidental deterioration of the goods shall pass to you upon delivery of the goods.


§ 10 Used goods, condition


1. within the scope of the item description on our website, we point out whether the goods offered by us are used or new. In the case of used goods, we expressly point out that these goods may show signs of use or defects that do not restrict their function.


2. the images on our website do not accurately represent the goods offered, the images shown may differ from the product.


§11 Warranty


1. the statutory warranty rights apply to delivered goods.


2. if you act as an entrepreneur, your claims for defects shall become time-barred one year after receipt of the goods; the statutory limitation period for recourse claims shall remain unaffected. Furthermore, the limitation period does not begin again if a replacement delivery has been made within the scope of liability for defects. Furthermore, rights and claims for defects are excluded for used goods.


3. a warranty period of one year generally applies to the purchase of used goods. As a consumer, you expressly agree to this one-year warranty period when placing your order in accordance with the notice on our website.


4. if you wish to return goods to us on which data is stored, you must back up this data before sending it to us and delete it permanently and securely. We accept no liability for the backup of such data and are not responsible for ensuring that such data is not disclosed to third parties.


§ 12 Right of withdrawal


If you are a consumer, you have the right to cancel your order via our online store in accordance with the cancellation policy.

IV. Provisions applicable to purchase and sale

§ 13 General


1. the contract language is German.


2. data relating to contracts is stored digitally for the period of 7 years stipulated by the necessary tax regulations.


§ 14 Data protection


1. the personal data transmitted by you will be stored electronically by us. We are also entitled to pass on the data required to process the contract to third parties engaged to process the contract.


2. further information on the type, scope, location and purpose of the collection, processing and use of the personal data required for the execution of orders can be found in our privacy policy.


§ 15 Liability


1. we shall be liable without limitation for damages caused by us, our employees and vicarious agents intentionally or through gross negligence, in the event of fraudulent concealment of defects, in the event of the assumption of a guarantee of quality and for damages resulting from injury to life, limb or health.


2. we shall only be liable for other damages caused by slight negligence if an obligation is violated, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely ("cardinal obligations") and if the damages are typical and foreseeable. Any liability under the Product Liability Act remains unaffected. Any liability on our part beyond the above is excluded.


3. in the event of non-compliance with deadlines due to force majeure, e.g. war, riot, strike, pandemic or other disasters or other force majeure events for which we are not responsible, the specified deadlines shall be extended by the periods during which the force majeure event and its effects continue.


§ 16 Final provisions


1. these General Terms and Conditions shall apply exclusively to contracts concluded with us; conflicting or deviating General Terms and Conditions of the contractual partner shall not be recognized unless their validity is expressly agreed to in writing.


2 Should any provision of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions.


3. the law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). The applicability of mandatory standards of the country in which the customer has his habitual residence at the time of conclusion of the contract shall remain unaffected by this provision.


4. we are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.

CASHY Austria GmbH

Ared Street 13/HO 16/3/96

2544 Leobersdorf

E-Mail: support@cashy.at

Managing directors: Patrick Scheucher and Florian Sulzer

Commercial register: Landesgericht Wiener Neustadt

Register number: FN 544924i

VAT ID: ATU76370268


April 2022