Rules of procedure

CASHY Austria GmbH
(hereinafter referred to as "CASHY")
FN 544924i

Valid from: 14.02.2024

1. scope of application

(1) These Terms and Conditions apply to all legal transactions that CASHY concludes as a contractual partner with its customers and platform users (hereinafter referred to as "CUSTOMER"), as well as to the use of the online platform (hereinafter also referred to as "PLATFORM").

(2) Deliveries, services and offers shall be made on the basis of these Terms and Conditions. The application of any of CUSTOMER's own rules of procedure or own contractual contents is excluded in any case.

(3) The valid rules of procedure are made available on the CASHY website for downloading and printing and are also displayed in the CASHY branches.

2. contractual partner / conclusion of contract

(1) The contractual partners are CASHY and all CUSTOMERS. The PLATFORM is aimed at all customers.

(2) The CUSTOMER must disclose various personal data during processing. CASHY undertakes to use this data exclusively in accordance with the data protection information, which is accepted separately by the CUSTOMER.

(3) The presentation of the services on the PLATFORM, in any advertisements and other presentations of the services shall not constitute a binding offer to conclude a contract. This is a non-binding invitation and invitation to CUSTOMERS to use or make use of CASHY's services within the framework of the PLATFORM.

(4) Children and adolescents, i.e. persons under the age of 18, are not authorized to register with CASHY and use the services. CASHY reserves the right to request proof of age. CASHY is entitled to demand this even after a registration has been completed. If no proof of age can be provided, CASHY is entitled to refuse any service, reverse transactions and delete customer profiles. Children and adolescents, i.e. persons under the age of 18, are also prohibited from serving as mere messengers when handing over the deposit items.

(5) Commercial operators are excluded from use if they are in direct or indirect competition and do not use the PLATFORM for private purposes (in particular to obtain information).

3. service description

(1) CASHY grants loans against pledges of movable valuables of all kinds, in accordance with the provisions of the German Commercial Code in the currently valid version.

(2) CASHY operates pawnbroking on its PLATFORM (websites, mobile apps, etc.) and in its branches in accordance with Section 155 GewO. CUSTOMERS can take out pawn loans via CASHY and have the processing carried out via the PLATFORM provided.

(3) The creation of a user profile or account (registration) is a prerequisite for using the main services.

(4) Interactions are always processed via the PLATTFORM.

4. dispatch / handover by courier

(1) For the purpose of concluding the transaction (pledge order) or terminating the transaction (return of the pledged item to the customer after repayment of the pledged loan or rejection of the item), the CUSTOMER shall be offered the option, until revoked, to refrain from handing over the (potential) pledged items in person and to have them handed over by courier or dispatch.

(2) As an additional service for the CUSTOMER, CASHY shall commission shipping partners with the shipping in its own name but for the account of the CUSTOMER. The commissioning and organization of the shipping is free of charge on the part of CASHY and is in the exclusive interest of the CUSTOMER.

(3) The costs of the shipping partner shall be borne by the CUSTOMER or shall be charged to the CUSTOMER as a lump sum.

(4) Any liability or warranty on the part of CASHY in the event of loss or damage to the item in the course of shipping is therefore excluded.

5. processing (process)

(1) The course of the pledged loan transaction via the PLATTFORM is as follows:

a. The CUSTOMER can use the PLATFORM to specify his loan request (loan amount and, if applicable, term) or select his pledged items and describe them.

b. If the pledged item is not in the selection options (standard pledged items), the CUSTOMER has the option of describing the pledged item offered by him separately, uploading photos and having them checked by CASHY.

c. Based on the CLIENT's information, CASHY calculates the amount of the potential loan amount including fees according to the fee schedule. The offer is subject to the condition precedent of verification and final valuation by CASHY.

d. Upon confirmation, the CUSTOMER accepts the conditional offer and must select the payment option.

e. In the next step, the CUSTOMER must bring the pledged item to a CASHY branch or send it in by courier in accordance with the conditions in point 4. shipping / handover. It is expressly stated that the shipping options offered by CASHY are only options for the CUSTOMER and are not a paid service provided by CASHY. Any warranty or liability for loss or damage to the item during shipping is therefore excluded.

f. Once the pledged item has been received by CASHY, a corresponding verification and final valuation shall be carried out by CASHY. In the course of this, CASHY checks the pledged item. The CUSTOMER expressly and irrevocably agrees to an examination or manipulation of the pledged item for the purpose of verification that CASHY deems to be professional and necessary.

g. After verification and final valuation, the CLIENT will be sent a binding confirmation of the pledge loan agreement, an amended offer (depending on the nature of the item, this may differ significantly from the potential loan amount originally quoted) or (if the pledged item is unsuitable) a rejection.

h. The CUSTOMER is free to accept or reject the new offer.

i. If necessary, in addition to the verification of the item, a credit check of the CUSTOMER shall also be carried out, e.g. but not exclusively by means of queries from registers available for this purpose (KSV, CRIF, etc.) and by checking the CUSTOMER's registration details or income situation, to which the CUSTOMER expressly consents.

j. Upon successful completion, the loan amount will be disbursed according to the CLIENT's specifications.

k. If the loan agreement is not concluded, the object will be returned to the CUSTOMER (by agreement).

l. In cases of grossly incorrect information provided by the CUSTOMER, which leads to a rejection, or in cases in which the CUSTOMER rejects the offer for other reasons, the fee for postage and shipping will be charged. The CUSTOMER must then collect the pledged item within one month, otherwise CASHY may dispose of it. At the same time, CASHY reserves the right to store the item at the customer's request for a fee.

m. If the loan agreement is concluded, the pledged item shall be deemed to have been transferred to CASHY.

n. Subsequently, however, the pledged item may be transferred to the CUSTOMER for temporary continued use, provided that the publicity effect of the lien granted is ensured by other methods. If the loan is paid in full and on time (redemption), the pledged item will be returned to the CLIENT (by agreement).

o. If the outstanding loan amount is not settled in due time, the pledged item shall be realized in accordance with the following provisions.

6. customer account

(1) CUSTOMERS must register on the PLATFORM and create their own profile in order to be able to take out pawn loans and use all the functions of the PLATFORM.

(2) All CUSTOMERS are obliged to treat each other with respect when interacting on the PLATFORM. Discriminatory, racist, inhuman, national socialist content or content that violates any law, in particular any criminal law, is expressly prohibited. CASHY is entitled to report such messages and associated profiles to the authorities without prior warning.

(3) The CUSTOMER is obliged to register with CASHY with a clear name and correct data (according to the registration form). If incorrect data is provided, CASHY shall be entitled to delete the account without prior warning and to block the persons behind it.

(4) The CUSTOMER shall also be obliged to keep its essential data up to date.

(5) Multiple registrations for one person are not permitted. In the event of multiple registrations, the most recent registration will be deleted by CASHY. In the event of recurrence, CASHY reserves the right to block persons from creating an account.

(6) When registering, the CUSTOMER shall choose a password. The CUSTOMER is obliged to keep this password protected and secret. If the CUSTOMER loses their password or access to their account ("phishing"), the CUSTOMER is obliged to report this to CASHY immediately.

(7) CASHY is generally entitled to delete accounts without prior notification and justification. However, current pledge loan agreements shall not be affected by a deletion. In this case, CASHY will contact the CUSTOMER via other channels (post, telephone, e-mail, etc.).

(8) In addition, every CUSTOMER is also entitled to request the deletion of their own account including stored data. If the CUSTOMER's request to delete their data does not conflict with other legal requirements (such as recording or retention periods), CASHY shall arrange for the data to be deleted. However, any deletion during the term of the loan shall not affect current pledge loan agreements. In this case, CASHY will contact the CUSTOMER via other channels (post, telephone, e-mail, etc.).

7. pawnbroking business

7.1 Pledged property/pledged object

(1) Various movable items presented on the PLATFORM in particular, but not exclusively, can be used as pledged items. CASHY reserves the right to reject offered pledged items without giving reasons. In any case, the pledging of:

a. Weapons of any kind as long as they fall under the Weapons Act 1996;

b. Dangerous, i.e. explosive, highly flammable, corrosive, hazardous to health, infectious, radioactive objects;

c. Items whose possession and trade are prohibited under the Prohibition Act;

d. Cross particles and relics, but not their containers;

e. Medals and other awards subject to restitution if proof of ownership is not provided;

f. all items that may only be traded by authorized traders under applicable law;

g. Real estate and other immovable assets;

h. pawn tickets;

i. Items which are not the sole property of the CUSTOMER, i.e. items lost, forgotten, left behind or unlawfully seized by the owner, or which are intended to serve as pledged property without the owner's written authorization to dispose of them;

j. objects that give rise to suspicion of being connected with a criminal act (embezzlement, fraud, theft, robbery, etc.).

(2) If pledged items are pledged against the will and/or knowledge of the owner (e.g. reserved property), CASHY is only obliged to return the items to the actual owner to the extent required by the legal situation applicable at the time of transfer (bona fide creation of a lien).

(3) In order to ensure proper storage of the pledged items, they must not be heavily soiled. If the pledged item is soiled in such a way that it leads to an impairment of the pledged item or other items (e.g. in the case of damp soiling) or that the soiling is likely to lead to reduced proceeds of sale in the event of a later sale, CASHY shall only accept it against payment of a cleaning fee in accordance with the fee schedule. The CUSTOMER shall be informed of the fee by CASHY when accepting the pledged item so that he can decide not to conclude the pledge transaction without incurring fees.

(4) Furthermore, CASHY is prohibited from commercially purchasing pawn tickets and pawning them.

7.2 Prohibition of rehypothecation

(1) CASHY is prohibited from re-pledging pledged assets. However, transfers of liens are permitted for the purposes of refinancing in accordance with (2) and (3).

(2) In connection with the refinancing of pledged loans, such as the transfer or encumbrance of claims against CUSTOMERS from pledged loans, CASHY is entitled to transfer the lien on the respective pledged items together with the secured pledged loan. In this case, CASHY is obliged to continue to hold the pledged items (in the case of divisible items, undivided) in custody and to insure them in accordance with point 7.6. CASHY is not permitted any legal type of physical transfer of the pledged items to the subsequent pledgee in the course of the transfer of the lien, in which the protection of the pledged item or corresponding insurance would not be guaranteed. CASHY must always protect the interests of the CUSTOMER. In particular, the CUSTOMER's rights and obligations towards the refinancer must remain unchanged to the extent arising from the pledge loan agreement concluded by CASHY with the CUSTOMER. The transfer or encumbrance of the loan claim and the lien may not result in any other or greater burdens for the CUSTOMER with regard to the pledged object or with regard to his obligations to repay the loan including fees. For example, this must not change the fact that the CUSTOMER would in any case be completely released from his loan and fee debt upon forfeiture of the pledged item, without prejudice to his rights to any surplus.

(3) CASHY, its universal successors and all future assignees and after-pledge creditors are obliged, in the event of any further transfer of claims and liens in connection with the pledge loan transaction, to continue to transfer compliance with all rights and obligations towards the CUSTOMER to their legal successors.

7.3 Pawn book

(1) CASHY keeps electronic pawn lending books in which each pawn lending transaction is entered with all data. The hardware and software used to maintain the system-supported pawnbroking books ensure that printouts of the stored data can be produced at any time. The hardware and software is protected against unauthorized access by third parties by means of security measures (e.g. firewall, protection programs, mechanical locking device). The pawnbroking book is stored on external servers.

(2) CASHY shall keep a digital pawnbroking book in which that designation is recorded.

(3) Each business case is created in the pawnbroking book with the following information:

a. Name and date of birth of the pledgor

b. the number of the pledge transaction,

c. Brief description of the pledge,

d. Loan amount,

e. Date of pawning,

f. Date of expiry of the pledge (term of the loan),

g. Insured value,

h. In the case of conversion, the previous deposit number,

i. Maturity date of the loan,

j. The amount of any overpayments or loan repayments,

k. For jewelry, the weight,

l. The date of release, transfer or delivery for recovery,

m. The assignment by the appraiser and/or the person of the pawnbroker entrusted with the acceptance of the pawn and the issuing of the pawn ticket.

(4) The pledge book shall be kept for a period of (at least) 7 years, calculated from the termination of the respective business case (termination is the redemption or realization of the respective pledged item).

(5) In the event of termination of the business license, the pawn lending books shall be handed over to the district administrative authority or, in the area of activity of a federal police authority, to this authority.

7.4 Pawn ticket

(1) CASHY shall issue or deliver a digital deposit receipt to the CUSTOMER for each deposit transaction. The digital deposit receipt is stored digitally (electronically) in the customer account and can only be accessed with the corresponding login data selected by the CUSTOMER.

(2) The pawn ticket shall contain the following information:

a. Designation as "pawn ticket",

b. Name and date of birth of the pledgor,

c. Name and address of CASHY,

d. serial number of the pledge transaction,

e. Brief description of the pledge (for jewelry also the weight),

f. Loan amount,

g. Date of pawning,

h. Date of expiry of the pledge,

i. Insured value,

j. Reference to the Rules of Procedure, in particular to the provisions concerning the realization of forfeited pledges and determination of the amount of the fee,

k. Reference to the prohibition of the commercial purchase and pawning of pawn tickets,

l. In the case of conversion, the previous deposit number,

m. Maturity date of the loan,

n. The amount of any overpayments and loan repayments.

(3) The CUSTOMER shall be issued with a new pawn ticket in the event of any extension of a pawn loan.

7.5 Loss of the pawn ticket

(1) If the CUSTOMER loses access to their customer account and a deposit receipt is lost, CASHY shall enable the CUSTOMER to reset and thus access the customer account after appropriate legitimation. If this is not possible or is contrary to the interests of the CUSTOMER, CASHY shall proceed in accordance with the following provisions.

(2) The loss of the pawn ticket shall be recorded in the pawnbroker's books and a memorandum shall be issued if the bearer of the loss proves that the loss has been reported in accordance with the provisions of the law on the finding of property and that his details regarding the time of the transfer of the pawn as well as the term and amount of the loan received and the exact description of the pawn correspond with the deposited pawn and the data given on the pawn ticket correspond with the pawnbroker's books. The pledge can be converted with this bill.

(3) If the original pawn ticket does not appear within one year from the date of the notice of loss, the pawn may be returned against restitution of the advance notice and repayment of the loan including fees in accordance with the schedule of fees, unless it has expired due to lack of realization and has been realized. If the pledge has already been forfeited and sold, only any surplus realized will be handed over.

(4) After the expiry of 14 days from the expiry date, the holder of a reservation certificate may redeem the pledge, provided it has not yet been sold, against return of the reservation certificate, if he deposits the estimated amount of the pledge with CASHY as security for any claims of the holder of the pledge certificate.

(5) This security, including the interest income, shall be returned if the original pledge bill has not appeared within one year of the date of issue of the endorsement.

(6) If the original pawn ticket appears within a period of one year from the date of issue of the bill of reservation, the pawn or any surplus obtained from the proceeds of the pawn may only be handed over against simultaneous surrender of the original pawn ticket and the bill of reservation.

7.6 Storage & insurance

(1) CASHY shall store pledged items properly and - as far as technically possible - protect them from external influences (such as moisture in particular).

(2) CASHY shall insure the pledged items against fire and burglary. The sum insured shall amount to at least 150% of the loan of all pledged items taken into safekeeping. Any insurance benefits shall be used to cover the CUSTOMER's losses, irrespective of any actual liability for such losses.

(3) In principle, CASHY is only liable for damage caused intentionally and/or at least through gross negligence. In particular, but not exclusively, CASHY assumes no liability for damage caused by natural events, force majeure or pests (e.g. martens, moth damage, mold infestation through no fault of its own, etc.), as well as for reductions in value resulting from prolonged storage of the pledge. CASHY is also not liable for damage caused during transportation of the pledged items.

7.7 Special provisions for pawning vehicles of all kinds (ins. motor vehicles/vehicles, watercraft and aircraft)

(1) Together with the pledged item, the USER shall provide CASHY with all relevant official documents and documents serving as proof of ownership. This includes in particular, but is not limited to

a. For motor vehicles/vehicles: All car keys, purchase contract (proof of ownership), registration part I+II, type certificate, other associated official documents (e.g. type approval documents or similar).

b. For watercraft: All keys, purchase contract and, in the case of seagoing vessels, measurement certificate, sea certificate or, in the case of inland waterway vessels, calibration certificate and/or registration certificate (if available), in both cases additionally a declaration on oath as to whether and, if so, in which register the vessel is listed.

c. For aircraft: Proof of ownership in connection with transfer of ownership (purchase contract), proof of ownership, certificate of registration in the aircraft register, "Extract from the International Registry of Mobile Assets", keys or other vehicle-specific documents if applicable.

(2) In addition to the physical handover, CASHY is permitted to have a lien recorded in public books, provided that the pledged item is or can be kept in public books.

(3) The pledged vehicle may then subsequently be transferred to the CUSTOMER by CASHY for temporary further use, but in any case and expressly with the reservation that this transfer may be revoked at any time and without giving reasons. Under no circumstances shall the transfer constitute an "unconditional restitution" (§ 467 ABGB).

(4) For this purpose, the CUSTOMER shall be provided with the motor vehicle documents required for the use of the motor vehicle (in particular registration certificate Part I). The handover of the pledged item to the CUSTOMER for further use is subject to revocation by CASHY at any time. The temporary transfer for further use shall be deemed revoked at the latest when the loan falls due, unless CASHY refrains from doing so. The CUSTOMER is obliged to return the vehicle at this time. In the event of revocation or when the loan falls due, the CUSTOMER is obliged to hand over the pledged item to CASHY immediately, including the vehicle documents and spare keys. The lien shall remain in force as long as claims from the pledged loan exist. The lien shall be valid as long as claims from the pledge transaction are valid.

(5) During the period of temporary continued use, the CUSTOMER shall only be authorized to make personal use of the pledged item. The CUSTOMER is prohibited from any other disposal such as, in particular, but not exclusively, the sale, re-pledging, transfer, transfer to third parties or transfer of use to third parties. Furthermore, any revision or modification of the pledged item without the consent of CASHY is prohibited. The CUSTOMER agrees not to leave the national borders with the pledged item. Furthermore, the CUSTOMER is not permitted to manipulate the license plates of the pledged item during its continued use (e.g. removing license plates from motor vehicles).

(6) During the period of temporary continued use, the CUSTOMER shall also be obliged to treat the pledged item with care, to keep it in proper and operational condition, to insure it to an appropriate amount (comprehensive insurance) and to ensure that any maintenance work or repairs to the pledged item that are necessary to restore or maintain the pledged item to the condition it was in at the time the loan was granted are carried out. It is expressly stated at this point that any reduction in value of the pledged item that occurs in the CUSTOMER's possession shall in any case constitute a "reduction in value caused by the CUSTOMER", even in cases in which the CUSTOMER is not legally "at fault" (e.g. traffic accident due to third-party negligence).

(7) CASHY is authorized to take the pledged item into its custody at any time and without authorization, especially in cases in which the CUSTOMER has an obligation to return the pledged item to CASHY, but this obligation is not fulfilled. With the approval of the continued use, at least one set of keys to the locking and operating devices of the pledged item shall remain with CASHY. The CUSTOMER further authorizes CASHY to demand the pledged item from any third party.

(8) The CUSTOMER is liable for reasonable costs incurred by CASHY due to the fact that he does not fulfill his obligation to return or only delays or partially fulfills it. These costs include, in particular, expenses incurred by CASHY in obtaining custody of the pledged item. Furthermore, the CUSTOMER authorizes CASHY to modify any locking devices or recoding or to make new locking devices on the pledged item at his own expense, if this appears necessary for the collection or safekeeping, storage or recovery

(9) The customer assigns to CASHY all claims for insurance benefits arising from damage during continued use.

(10) For reasons of practicability, the agreed interest rate or the agreed manipulation fee cannot be adjusted during the term of the pawn loan. In the event of a subsequently approved continued use or discontinuation of the vehicle, for example, these will only be adjusted when the pawn ticket is converted.

7.8 Triggering

(1) A pledged item is released against payment of the loan and fees according to the fee schedule, whereby the CUSTOMER must present the digital pawn ticket upon handover and at CASHY's request. After handover, the (digital) pawn ticket is confirmed by CASHY or the corresponding pawn ticket file is deleted/validated.

(2) All interest and fees are due retrospectively when the pledged items are redeemed, rolled over or realized. The calculation shall be based on half-months, whereby the entire fees for the whole month shall be payable for pledged items that are released or converted before the end of the first month.

(3) If the CUSTOMER or the person present when the pledged item is released cannot produce the pledge certificate, the pledged item will not be returned to him.

(4) If the (digital) pawn ticket cannot be presented by the CUSTOMER for technical reasons, the CUSTOMER must provide this proof. The pledged item will then be handed over exclusively to the person deposited in the pawn lending book upon presentation of an official photo ID.

7.9 Extension/modification of pledged loans

(1) The CUSTOMER can apply to extend the pledged loan before it expires. It is at the discretion of CASHY whether this request is granted.

(2) The CUSTOMER must request an extension via his customer account and pay the interest and fees (announced before the extension) according to the fee schedule.

(3) Changes to the loan amount are permitted upon extension. An increase is only permitted if the determined value of the pledged item covers the increase amount and CASHY explicitly agrees to this increase. A reduction by partial payment is permitted, whereby pledged items are not exchanged or released prematurely. In particular, CASHY reserves the right to demand a partial repayment from the CUSTOMER.

(4) A new deposit receipt shall be issued to the CUSTOMER upon renewal.

7.10. Recycling deposit

(1) If the loan amount including interest and fees is not paid in full by the expiry date, the pledged item shall be deemed forfeited and CASHY shall be entitled to realize the pledged item. For this purpose, CASHY is authorized by the CUSTOMER to conclude purchase agreements on behalf of the CUSTOMER or to auction the items and to take all steps deemed necessary for this purpose (such as official deregistration of motor vehicles).

(2) The CUSTOMER shall be notified of the expiry and imminent utilization on the expiry date. With the notification, CUSTOMERS are given the following options:

a. Extension of the pledged loan (prolongation);

b. Payment of the outstanding amount (redemption);

c. Realization of the pledged property;

(3) If payment is made, the pledged item shall be handed over to the CUSTOMER (by agreement, in person or, if requested by the CUSTOMER, by courier). Delivery by courier or shipment is subject to additional costs for the CUSTOMER in accordance with the fee schedule. Payment must be made before the pledged item is handed over.

(4) If no payment or alternative choice is made, the pledged item(s) shall be sold by CASHY after a waiting period of four weeks. The realization takes place by public auction or by private sale. Pledged items with a stock exchange or market price shall be realized by private sale at the respective price, less the usual spread between purchase and sale. The prerequisite for a private sale is that the typically expected cash value of the sale proceeds from a private sale is higher than that from a public auction. In particular, the interest and fee advantage of a faster private sale is taken into account. If a private sale remains unsuccessful within 6 months, CASHY shall, if possible, hand over the pledged item to an authorized auctioneer for public auction. If the realization takes place by auction, the CUSTOMER shall be informed of the place and time of the auction.

(5) The call price of the pledged items is usually made up of the interest and fees incurred up to the realization as well as the loan amount. However, CASHY shall endeavor to achieve the best possible price in the interests of the CUSTOMER. For this reason, the call price may be set at a higher market value. Only in the event that the pledged item does not find a buyer at this price shall CASHY be permitted to reduce it again in the course of the auction. It is expressly stated that CASHY itself may also bid in the course of an auction.

(6) The CUSTOMER has no legal right to participate in the auction of an item pledged by him (§ 463 ABGB), but CASHY allows such participation - until revoked. In addition, CASHY allows the CUSTOMER to participate in the auction by telephone or other technical means of transmission (for example, but not exclusively, e-mail, SMS, Whatsapp or direct messages) until further notice. CASHY shall represent the CUSTOMER in this case, whereby a purchase shall only come into effect with the deposit of the purchase price. CASHY also reserves the right to exclude individual persons (including the CUSTOMER) from the auction if they cannot provide proof of funds to pay the purchase price upon request.

(7) The private sale is carried out either by direct offers to trading companies that typically trade in goods such as the pledged item or to private individuals with the aim of achieving the highest possible sales proceeds in the interests of the CUSTOMER. If a higher sale price can be achieved by selling to private individuals, a sale to private individuals is also possible in the interests of the CUSTOMER. CASHY shall take appropriate account of the interests of the CUSTOMER when selling the item. In the event of a private sale, CASHY is obliged to realize the pledged item at the best possible price in the interests of the CUSTOMER, taking into account the circumstances.

(8) Upon realization of the pledged item, the pledge debt (i.e. loan amount including fees according to the fee schedule, but not costs incurred by CASHY due to the CUSTOMER not fulfilling his obligation to return the pledged item or only delaying or partially fulfilling his obligation to return the pledged item), for which the pledged item is liable, shall also expire.

(9) After the realization of the pledge by private sale or auction, CASHY shall inform the CUSTOMER of the realization proceeds. In the event of a surplus, the customer shall be requested to provide their bank details. After notification, CASHY shall pay out the surplus immediately. If the CUSTOMER does not disclose a bank account within five years, CASHY shall deposit the surplus in court, whereby a one-off processing fee shall be due for the deposit in accordance with the fee schedule and shall be deducted.

(10) CASHY may offer the CUSTOMER to sell the pledged item directly to CASHY after forfeiture but before realization. In this case, the CUSTOMER shall be offered the estimated amount less a trade margin and at the same time informed of the resulting surplus. Upon sale of the pledged item, ownership of the pledged item shall be transferred to CASHY. CASHY is obliged to pay the purchase price immediately after deduction of the pledge debt including fees according to the fee schedule to a bank account to be announced by the CUSTOMER. The CUSTOMER is not obliged to sell the pledged item to CASHY. If a sale is made to CASHY, all reciprocal monetary claims shall be offset. In the event of a direct sale, no realization fees shall be charged.

(11) After the expiry of the pledged item, it is sent for realization and can generally no longer be redeemed. However, CASHY reserves the right, at the request of the CUSTOMER and against payment of the outstanding claim and payment of a fee ("withdrawal fee"), to subsequently withdraw items that have not yet been utilized from utilization and to hand them over to the customer.

(12) If several items of the same pledgor are recorded on different pledge receipts at the request of the CUSTOMER (e.g. in order to be able to redeem them individually), CASHY is permitted to offset surpluses and losses from any realization of the various pledged items against each other.

7.11. Estimation and valuation

(1) Deposits are estimated using objective valuation models from CASHY or official value listings (e.g. Eurotax, Indicata). If pledged items are subject to a stock exchange or market price, this will be used as the basis for the estimate.

8. other provisions

8.1 Insufficient pledge (§ 458, 460a ABGB)

(1) If the value of the pledged item is no longer found to be sufficient to cover the debt due to the fault of the pledgor or due to a defect in the item that has only become apparent, CASHY shall be entitled to demand another appropriate pledge from the CUSTOMER.

(2) If the pledged property threatens to spoil or significantly and permanently lose value in such a way that the security of the pledgee is jeopardized, CASHY may realize the pledge before the claim becomes due. However, CASHY must give the CUSTOMER the opportunity to provide other security if possible. The proceeds shall then take the place of the original pledged item.

8.2. Extinguishment of the lien (§ 467 ABGB)

(1) If the pledged item is destroyed, if CASHY lawfully relinquishes its right to it or if it is returned to the CUSTOMER without reservation, the lien shall end but the debt claim shall continue to exist.

9. liability

(1) Any claims of the CUSTOMER for damages against CASHY are excluded. Excluded from this are claims for damages by the CUSTOMER arising from injury to life, limb or health or from the breach of essential contractual obligations, as well as liability for other damages based on an intentional or grossly negligent breach of duty by CASHY. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

(2) The CUSTOMER shall be liable to CASHY without limitation and personally for all damages resulting from the entry of incorrect or untrue data or facts (e.g. liability for damages resulting from the creation of "fake profiles", surrender of stolen items as pledged property, etc.).

(3) If third parties assert claims for damages against CASHY arising from the above-mentioned violations, CASHY is entitled to disclose the name and address of the CUSTOMER to the third party.

(4) CASHY assumes no liability for damages resulting from a technical malfunction in relation to the PLATFORM, unless the malfunction is caused intentionally or through gross negligence. CASHY reserves the right to take the PLATFORM offline.

(5) CASHY is not liable for damages resulting from "password phishing".

10. duty to provide information

(1) The CUSTOMER has a right to information as well as a right to correction, blocking and deletion of his stored data, with restriction of official or legal requirements regarding the storage or backup of financial and accounting or similar data.

(2) CASHY is obliged to,

a. to allow the security authorities to inspect the business premises/digital books upon request, to present evidence, to grant access to the pawnbroking books and to provide the information necessary for the inspection,

b. to keep the notifications received by the CUSTOMER regarding lost, forgotten or abandoned items or items unlawfully taken from their rightful owner in an orderly manner and ready for inspection,

c. to maintain confidentiality vis-à-vis private individuals about the persons with whom pledge transactions have been concluded.

11. cessation or suspension of the exercise of the trade

(1) CASHY shall notify the competent authority eight weeks in advance of the cessation of the exercise of the trade or its suspension for more than two months and publish this on its website and in an announcement in the Wiener Zeitung. Furthermore, CASHY shall ensure that the pledged items can be properly handed over after the corresponding payments have been made, up to three months after the cessation or suspension of the trade.

(2) No loans shall be granted or pledges accepted from the time of the announcement of the suspension or discontinuation.

12. final provisions

(1) Austrian law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

(2) The exclusive place of jurisdiction for legal action by CASHY against the CUSTOMER shall be the competent court at the place of residence (§ 14 KSchG).

(3) The contractual language is German.