Terms of Use

Chapter 1. GENERAL TERMS AND CONDITIONS

  1. These general terms and conditions define and regulate the legal relationship with regard to the services of Netreex GmbH (hereinafter referred to as "Company", "We", "Netreex", "Organization") via its website www.hybuys.com (hereinafter referred to as the "website"). The exclusive use of masculine or feminine forms in the terms serves only to standardize the presentation and to make it easier to read. The representations always relate to all genders.
  2. By using a service of the website or downloading content, in whole or in part, you as a user (hereinafter referred to as "user", "you", "your" "customer") confirm that you have read and understood the terms of service (hereinafter referred to as the "Terms" or "Agreement") provided by the company on ist website and that you accept them unconditionally, regardless of whether you are a customer of the services provided by the company or a registered user of the Website or just a visitor.
  3. If you open an account via our website or use our services, you agree to these terms and conditions without reservation. If you do not want to agree to these terms and conditions, please stop using our services or registering via our website.
  4. The company is not responsible for exchange rate fluctuations.
  5. Delays beyond the specified dates are possible if conditions beyond the control of the company are created due to force majeure, such as unfavorable weather conditions, delays from the store, various insurmountable public or climatic obstacles, etc. Delivery times are calculated after the parcel arrives at the international warehouse.
  6. The company is not responsible for the quality of the delivered items, if the change in quality did not occur after being on the company's premises.
  7. The company reserves the right to change parts of these terms and conditions at any time. In the event of a change, the company will publish the updated terms on the website, indicating the date of the last change. It is the responsibility of the user to visit the website from time to time and look for changes in the terms. Your continued use of the services on our website after the changes are posted will be deemed acceptance of those changes. The new conditions are final and apply to the obligations that arise after their publication on the website.
  8. Delivery days are calculated after arrival at the warehouse.
  9. A refund is made on the account of the RA office in case of a wrong purchase, which must be proven with an invoice.
  10. There is no purchase or delivery of products containing liquids from the UK.

  11. Parcels containing liquids and liquid mass are delivered from Germany in up to 20 business days, and from Spain in up to 25 business days.

  12. Orders are accepted for transportation packaged. However, the Company reserves the right to inspect the contents of the packaged order to exclude the presence of goods prohibited for transportation, and if necessary, repack it to avoid additional weight.

Chapter 2. CONTRACTING ACTIVITIES

  1. By agreeing to the Terms, you acknowledge that you are fully entitled to use the Services under the laws of your country of residence. If you are not fully authorized under the laws of your country of residence and are not allowed to use the Services alone, you must obtain the consent of your parents or other authorized representatives to use them.
  2. If you are representing a legal person, you certify that you have all the powers to use the Services granted by a legal person under the laws of that legal person's country. By agreeing to these terms, you acknowledge that we cannot verify your information and the authenticity of your statements in accordance with this paragraph and that you are solely responsible for any breach of this paragraph.

Chapter 3. NETREEX SERVICES AND THEIR PROCEDURES

1. Netreex GmbH operates an international purchasing and resale model.

 

2. Upon request of the customer and based on the product selection made via hyperlinks or references provided on the website, Netreex GmbH purchases the selected goods from third-party sellers in its own name and for its own account.

 

3. Upon delivery of the goods by the third-party seller to Netreex GmbH or to a warehouse designated by Netreex GmbH, Netreex GmbH becomes the legal and economic owner of the goods.

 

4. Netreex GmbH subsequently resells the goods to the customer under the terms and conditions of this Agreement.

 

5. Netreex GmbH does not act as an agent, broker, commissionaire or representative of the customer. No purchase is made on behalf of or in the name of the customer.

 

6. The services provided by Netreex GmbH include, but are not limited to:

– purchasing goods from third-party sellers,

– acquiring ownership of such goods,

– warehousing and handling,

– resale of the goods to the customer,

– organization of export and delivery to a carrier selected by the customer.

Netreex GmbH provides its services exclusively to customers residing outside the

European Union. Customers acknowledge and accept that goods will be exported from

the European Union.

Chapter 4. LINKING TO THIRD PARTY PROVIDERS / LIABILITY

1. Product references, hyperlinks or descriptions on the website may refer to goods offered by third-party sellers.

 

2. Netreex GmbH purchases such goods from third-party sellers and resells them to the customer. Netreex GmbH remains the contractual seller vis-à-vis the customer.

 

3. Netreex GmbH is not the manufacturer of the goods. Manufacturer warranties, guarantees or claims against third-party sellers remain unaffected and may be asserted directly against the respective manufacturer or third-party seller.

 

4. Netreex GmbH is not responsible for defects or quality changes that occur after the goods have been handed over to the carrier or are caused by transportation, customs procedures or improper handling by third parties.

Chapter 5. USE OF THE WEBSITE & PRIVACY POLICY

  1. You can visit the website without registering. In order to be able to use the entire range of services of the company, you must register on the website and open a user account (hereinafter referred to as "user account" or "account"). When registering, you must provide your name, address, email address and contact details. With regard to the processing of personal data, our data protection regulations apply, which can be accessed under the following link: www.hybuys.com/datenschutz.
  2. Each user can only have one account. Users are not allowed to use any other user account. When opening an account, the user must correctly provide all the required information. Users are responsible for protecting their account credentials; you are responsible for the operations carried out on your account. The user is obliged to inform the company immediately if he is certain that his account has been breached. In such a case, the company reserves the right to block the account immediately until the circumstances have been fully resolved. In any case, the company assumes no responsibility for the actions of other people on the user account. The user is responsible for the damage caused to the company or third parties by such actions.

Chapter 6. PROCESSING ORDERS

  1. The order is placed via the online customer account provided on the company's website with the payment methods offered there. The company reserves the right to deliver orders to the postal operator in the manner selected by it and to refuse to provide the order transfer service to natural or legal persons. The company can offer its own delivery method for some destinations and charge the appropriate fees. In the event of a change in the delivery route due to force majeure, the company is entitled to recalculate the tariffs. If the size of your order is so large or the nature of product is such that the company is obliged to change shipping company, or if the order may be dangerous or interfere with delivery of other orders, the company reserves the right to refuse delivery of the order, determine a new tariff for the delivery or transfer the delivery to another carrier. In such cases, the company has the right to require that you pay the full cost of shipping or the services provided before the order is sent from abroad to the address you provided. Goods insurance can be taken out by the customer at his own discretion and at his own expense.

Chapter 7. RESTRICTED OR PROHIBITED GOODS

  1. The company has the right to refuse to deliver an order which, according to the laws of the countries of sale and import, contains a product that is prohibited for international transport. However, under no circumstances is Netreex's responsibility to verify the legality of the order or that the order complies with export or import regulations.
  2. The company reserves the right, in the event of reasonable suspicion, to check the contents of the packaged order in order to exclude the presence of prohibited goods in it and to verify its consistency with the goods listed in the link. Customers are aware and confirm that the original packaging can be opened and closed again for these purposes.
  3. Regardless of the cases already mentioned, the company will not provide any services for the purchase of the following products:
  • Weapons and ammunition
  • Works of art of historical value
  • Precious metal bars and scrap
  • Currency
  • Hazardous, explosive, flammable materials
  • Live plants
  • Animals
  • Other goods prohibited from carriage by international, local or interstate laws, as well as internal acts of the cargo carrier.

Chapter 8. SHIPPING & PACKAGING

1. Unless otherwise expressly agreed, delivery of goods sold by Netreex GmbH is made ex works (EXW) at the warehouse of Netreex GmbH or its logistics partner.

 

2. The EXW clause applies exclusively to the resale transaction between Netreex GmbH and the customer and does not affect the prior acquisition of ownership by Netreex GmbH from third-party sellers.

 

3. The risk of accidental loss or deterioration of the goods passes to the customer upon handover of the goods to the carrier selected by the customer.

 

4. Netreex GmbH reserves the right to inspect, repackage or consolidate goods to ensure compliance with safety, transport and export regulations. Any additional costs incurred shall be borne by the customer.

 

 

 

Chapter 9. CUSTOMS

1. The customer is solely responsible for compliance with import regulations, customs duties, taxes, permits and certifications in the country of destination.

 

2. Netreex GmbH does not provide customs clearance services and does not act as customs declarant for the customer.

 

3. The resale obligation of Netreex GmbH is deemed fulfilled upon dispatch of the goods for export after full payment, without prejudice to statutory warranty rights.

 

4. Any losses incurred by Netreex GmbH due to the customer's failure to comply with customs requirements shall be compensated by the customer.

 

Chapter 10. DELIVERY

1. Delivery takes place when the goods are handed over to the carrier designated by the customer.

 

2. The risk of destruction or deterioration of the goods passes to the customer upon such handover.

 

3. Netreex GmbH reserves the right to dispose of goods that cannot be delivered due to incorrect address information, prohibited contents or failure of the customer to cooperate, after a reasonable storage period.

 

Chapter 11. TERMS OF PAYMENT FOR THE PROCUREMENT OF THE GOODS

1. All amounts charged to the customer constitute the purchase price for goods sold by Netreex GmbH, including applicable service, handling and logistics fees.

 

2. Payments are not made as reimbursement of expenses or customer funds, but as consideration for goods purchased from Netreex GmbH.

 

3. Invoices are issued net of VAT where legally permissible. Customers residing outside the European Union purchase the goods at net prices.

 

4. Payment is due upon invoicing. Netreex GmbH reserves the right to withhold delivery until full payment has been received.

 

 

Chapter 12. OFFSETTING, ACQUISITION OF OWNERSHIP AND RETENTION OF TITLE

1. Offsetting against claims of Netreex GmbH is excluded unless the counterclaim is undisputed or has been legally established.

 

2. The exercise of any right of retention by the customer is excluded unless the counterclaim is undisputed, legally established or arises from the same contractual relationship.

 

3. Netreex GmbH acquires ownership of the goods upon delivery of the goods by the respective third-party seller to Netreex GmbH or to a warehouse or logistics facility designated by Netreex GmbH.

 

4. Netreex GmbH remains the sole legal and economic owner of the goods until full payment of the purchase price and all associated claims has been received.

 

5. Ownership of the goods is transferred to the customer only after:

(a) full payment of the purchase price and all associated costs, and

(b) dispatch of the goods for export from the European Union.

 

6. The retention of title applies irrespective of the country of destination of the goods.

 

7. If the goods subject to retention of title are processed, combined or mixed with other goods, Netreex GmbH shall acquire co-ownership of the new item in proportion to the value of the retained goods to the other goods at the time of processing, combining or mixing.

Chapter 13. SUBMISSION OF COMPLAINTS, ADJUSTMENT AND COMPENSATION FOR DAMAGE CAUSED

  1. The customer is obliged to examine the goods immediately after delivery and, if a defect becomes apparent, to notify the company immediately. If the customer fails to notify us, the goods are deemed to have been approved, unless there is a defect that could not be identified during the examination.
  2. In the event of non-fulfillment or improper fulfillment of performance obligations, the customer has the right to submit a complaint to the company or its partner organization, including a claim for compensation for the damage actually incurred in the event of damage or loss of the order. The complaint can only be made in writing, in text form or using an online process provided by Netreex.
  3. A complaint regarding the damage or loss of the order must be addressed to the company within 30 calendar days from the date of delivery of the order or the expiry of the delivery deadline. If there are two bases for calculating the deadline, then the date that expires later applies. The company examines complaints and answers them within 30 days.
  4. The complaint must be accompanied by a copy of the receipt and / or a description of the damaged or missing item and, if possible, a statement from the courier company. In the case of submitting an application for compensation, information on the amount of damage must also be provided with a comprehensible calculation.
  5. In the event that the company does not remedy the situation or the customer is dissatisfied with the response to the complaint, the customer can take the measures provided by law to protect his rights. The payment of damages for the damage caused will be made by Netreex within 30 days of the complaint being accepted.
  6. The customer is obliged to immediately reimburse the amount of compensation for the damage incurred if the lost order is found within 30 days after the compensation, with the exception of the amount calculated for the delay in delivery. If the customer refuses to repay the compensation amount, he is obliged to pay compensation and can be permanently blocked by the company's online system.

Chapter 14. PENALTY

  1. If the customer claims or disseminates facts that are likely to damage the company's operations or the company's credit, unless the facts are proven to be true, Netreex expressly reserves the right to impose an appropriate contractual penalty on the customer. The amount can be determined taking into account the circumstances of the individual case.

Chapter 15. TERMINATION OF THE CONTRACT

  1. The customer has the right to terminate the contract with Netreex at any time without giving reasons. The termination only comes into force when all of the customer's obligations towards Netreex have been fully met.
  2. The termination must be made in writing, in text form or via an online procedure made available by Netreex, stating the email address given when registering the account and the customer number assigned by Netreex. With the termination it is confirmed that the customer waives the cashback bonus available on the account.
  3. The company reserves the right to terminate the contract with the customer at any time without giving a reason. The termination only comes into force when all of Netreex's obligations towards the customer have been fully met.

Chapter 16. PLACE OF JURISDICTION

  1. German law applies exclusively to all legal relationships with Netreex, excluding the UN Agreement on the International Sale of Goods. In dealings with the group of people named in Section 38 (1) or (2) sentence 1 of the German Code of Civil Procedure (ZPO), the exclusive place of jurisdiction for all disputes arising from the contractual relationship is Rodgau.