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As of: September 3, 2025
Subject of the Contract
The terms of use for participation in the BuyWithMe eCommerce system, including the technical appendix, are also part of our General Terms and Conditions.
Whether the subscription or purchase contract terms are applicable to the contractual relationship, as well as the type of subscribed or purchased services and participation in all the systems and services mentioned above, depends on the company's choice made in the signed agreement for the BuyWithMe eCommerce service (hereinafter referred to as the "Individual Contract").
Under Section VI, the General Terms and Conditions (GTC) that apply to the contract regardless of the form of the Individual Contract are listed. The responsibility for selecting the platform (including the performance results achieved through its use) lies with the company, which has the necessary expertise itself and/or through the involvement of knowledgeable third parties. The company uses the platform only within the Federal Republic of Germany, unless something different is explicitly agreed in the Individual Contract (important especially due to possible data usage fees for use abroad!)
The subject of the subscription is one or more eCommerce shops (hereinafter referred to as "Platform"), which enables the company or merchant (hereinafter referred to as "Company") to participate in the BuyWithMe system at the time of contract conclusion (details are regulated under Section III).
The term "Platform" is defined below according to the permanently stored or supplied programs, services, and functions as specified by the company in the respective Individual Contract or as resulting from the product description. Accessories (e.g., add-ons, templates, integrations, and plugins, etc.) must be ordered separately and purchased from BuyWithMe for a fee. If the company or one of its branches moves and wants to use the platform at a different location than originally assumed in the contract, it must notify BuyWithMe in writing in a timely manner by fax or email. All expenses and consequential costs associated with the change of location of use are borne by the company. The use of the platform in another branch or another establishment location of the company is excluded unless BuyWithMe expressly agrees. BuyWithMe may not refuse its consent for non-objective reasons.
The subscription contract includes service services according to the company's choice, which are governed by Section V of these conditions. For each calendar day on which a platform feature listed in the Individual Contract should be used but cannot be used due to defects for more than 4 working days (starting with the receipt of the fault report), 1/30 of the subscription fee payable for that month for this feature is waived for each additional day. Further claims cannot be asserted by the company expressly. If the contractually agreed provision of the platform occurs within the first half of the month in which the contract has begun, BuyWithMe is entitled to charge the full monthly fee. If the provision of the platform according to the Individual Contract occurs only in the second half of the month, the due fee is calculated at half.
If the company has chosen setup by a support employee, the company creates the spatial, technical, and other connection prerequisites in a timely manner before the provision of the platform listed in the Individual Contract. If the company does not fulfill this obligation, the company must compensate for the additional effort incurred by BuyWithMe in terms of time and finances. The company undertakes to check the platform for its functionality at the beginning of operation. The company will use the platform exclusively for the purposes of executing this contract. It is obligated to treat the provided platform carefully. It will employ sufficiently qualified personnel and observe the operating instructions provided by BuyWithMe. Without prior written consent, the company is not authorized to dispose of the platform features provided for use or to transfer them to third parties. § 540 Paragraph 1 Sentence 2 BGB does not apply. The company will immediately notify BuyWithMe in writing of any access by third parties and provide all necessary information. The company bears the costs for all measures necessary to ward off access by third parties and to restore the previous state of the platform due to access by third parties, unless it is access by a third party attributable to the sphere of BuyWithMe.
Upon termination of the contract or expiration of the contract term, the company is obligated to delete the platform accesses to BuyWithMe at its own expense and secure all data. The company is liable for costs or damages arising from violations. If the deletion is not received by BuyWithMe within the next 4 weeks, the company is obligated to pay compensation in the amount of the platform value (current value). The company is obligated to actively support BuyWithMe's maintenance and installation services through knowledgeable personnel in every way.
The company undertakes to notify BuyWithMe immediately of performance disruptions and to describe the type and extent of the performance disruption precisely. In describing, delimiting, determining, and reporting operational disruptions, the company is obligated to follow the instructions provided by BuyWithMe. If necessary, the company must use checklists or forum pages of BuyWithMe. Otherwise, the company will cooperate in clarifying the error (e.g., perform browser checks or connection checks itself).
Before terminating the subscribed platform access, the company must restore the original state of the platform, unless something different has been expressly agreed, if it has modified it in a coordinated or contract-violating manner (e.g., if custom integrations need to be removed!).
If the company concludes a short-term subscription according to the Individual Contract, the company must cancel the platform access within 8 days after the expiration of the agreed contract term at its own expense. If the cancellation is not received within max. 10 days, or if the account is not in a clean, proper state, the company is obligated to pay compensation in the amount of the platform value (current value). The company has the opportunity to prove that BuyWithMe has incurred a lesser damage.
The subject of the purchase is one or more additional services (hereinafter referred to as "Services" or "Purchase Subject"), which enable the company to expand the BuyWithMe platform at the time of contract conclusion (details are regulated under Section III). Otherwise, the service description is based on the information in Section I, Point 1. For any maintenance and installation services, separate agreements must be concluded in the Individual Contract in addition to the purchase contract.
The purchase price for the purchase subject becomes due immediately after delivery. Until full payment of the total purchase price for all ordered purchase subjects, BuyWithMe retains ownership of all purchase subjects. If BuyWithMe's (co-)ownership expires due to combination, it is already agreed now that the company's (co-)ownership of the unified item transfers to BuyWithMe proportionally (invoice value). The company must treat purchase subjects subject to retention of title carefully; any change of location and interventions by third parties, especially seizures, must be reported to BuyWithMe immediately in writing, in case of seizures with attachment of the seizure protocol. Before transfer of ownership, the company is not authorized to dispose of the service.
The company will examine the purchase subject within eight working days after delivery, particularly with regard to completeness and functionality for use in the BuyWithMe platform. Defects discovered or discoverable must be reported to BuyWithMe within a further eight working days by registered letter. The defect complaint must include a detailed description of the defects. Defects that are not discoverable in the course of the described proper examination must be complained of within eight working days after discovery, complying with the complaint requirements in paragraph 1. In case of violation of the inspection and complaint obligation, the defect warranty is excluded with respect to the relevant defect.
BuyWithMe undertakes, upon request by the company, to perform the desired maintenance work, repairs, and software updates on the contractual subjects. The resulting costs are to be borne by the company. Upon request, a separate service contract as described under Section V of these contract conditions can be concluded with BuyWithMe in the framework of the Individual Contract.
The company uses exclusively software and integrations that comply with BuyWithMe's approval conditions and are approved on our system network to participate in eCommerce payment transactions. The necessary features and shop software are provided by BuyWithMe or the company depending on the agreement.
The costs of provision, installation, and operation of the platform and shop software, as well as the connection fees for data transmission from the shop to the interface of BuyWithMe's data network, provision fees, and ongoing fees for connections, terminal devices, and message exchange are borne by the company. The service fees according to the terms of use are determined by our system and forwarded to the payment providers. Fees of the payment providers are therefore to be paid separately. BuyWithMe is entitled to collect these on behalf of the payment providers.
For participation in the BuyWithMe system, the respective conditions apply, which are handed over to the company by BuyWithMe at contract conclusion. The company will ensure that the persons employed by it also comply with these conditions. The company is responsible for creating the contractual prerequisites for participation in the following systems (Section III, Points 2-7) itself (agreements with payment providers).
With the platform, the company also has the possibility to process credit card, customer card, and other payments electronically. Our system transmits the data transmitted by the company to the responsible authorization center for verification and forwards the response back to the company's shop. No own verification or online authorization by BuyWithMe takes place.
The SEPA direct debit procedure enables the creation of SEPA direct debits in the platform by using data from debit cards for the automated creation of a SEPA direct debit. After obtaining the customer's written authorization, these SEPA direct debits can be collected. The company must ensure that the receipt printed by the platform for the SEPA direct debit procedure is signed by the customer at the designated place. Furthermore, the company must carefully check whether the signature given to the company for authorization for SEPA direct debit collection, address transfer, as well as storage and transfer of cardholder data within a block list in case of non-redemption matches the signature on the debit card.
Unlike other payment systems, the SEPA direct debit procedure offers no redemption guarantee for these direct debits. The company itself bears the risk in the SEPA direct debit procedure with regard to the customer's creditworthiness, its later objection, and forged or BuyWithMe observes the legal data protection regulations of the FRG!
The authorization fees of the payment providers are calculated for the company according to the respective valid rates of the providers by BuyWithMe.
Services of the Company BuyWithMe
The prices for services of BuyWithMe result from the respectively valid service directories/price lists of BuyWithMe or are regulated in the Individual Contract. Fee-requiring transactions are completed payment processes and such technical processes in which a line to the system's computer is established for information exchange. Therefore, a canceled transaction or a shop closure is also counted as a transaction. Communication costs incurred for conducting payment transactions (e.g., fees of server providers) are not included in the system fee. Deviating from § 675f Abs. 4 Sentence 2 BGB, the collection of fees by BuyWithMe for the fulfillment of ancillary obligations according to §§ 675c to 676c BGB is permissible.
BuyWithMe is entitled to charge the fees of each month plus the statutory value-added tax to the company's account specified in the Individual Contract once a month by SEPA direct debit. Short subscription fees are generally calculated in advance for the relevant period. The company hereby authorizes BuyWithMe to collect all invoice fees by SEPA direct debit. BuyWithMe is also entitled to deduct fees due to it from the amounts transferred to the clearing account in the framework of the payment service.
Fees and charges are calculated at the latest at the end of the respective month. The company receives a written statement about this. Objections to the propriety of the statement must be asserted immediately against BuyWithMe. If the company does not object within one month, the statement is deemed approved by the company.
BuyWithMe reserves the right to transfer all rights and obligations due to it from this contract to third parties. BuyWithMe is also entitled to transfer only individual obligations from this contract to subcontractors. The company already irrevocably agrees to such a transfer now. However, BuyWithMe does not allow the takeover of this contract by third parties in the reverse case. The assignment of claims of the company against BuyWithMe from this contract is excluded!
If the company defaults on a due payment, the company is obligated from this point on according to § 288 II BGB to pay BuyWithMe default interest at a rate of 5% above the base interest rate per month.
For each reminder issued after the occurrence of default, a reminder fee covering the incurred costs is calculated. The assertion of further damage is not excluded thereby. The company is entitled to prove that BuyWithMe has incurred no or a lesser damage due to the occurrence of default. BuyWithMe is entitled to demand back provided platform features in case of payment default.
The return is for the purpose of security and does not count as withdrawal from the contract without special declaration.
BuyWithMe can, if maintenance is agreed in the Individual Contract, make changes to the subscribed or sold platform as well as additions that serve the preservation or improvement of the platform or that become necessary for maintaining the service services. Any deviation from the technical design, including a change of programs, counts as a change.
All technical connections of the provided features with other devices, elements, or additional equipment count as additions. BuyWithMe must inform the company in advance of the planned measures. It must allow the changes or additions.
Changes or additions that the company wants to make to the platform itself require the prior consent of BuyWithMe. In this context, the use of the platform using software programs not approved by BuyWithMe also counts as a change. If the company makes changes and/or repairs without prior coordination with BuyWithMe, its warranty claims from this contract lapse, unless it proves that possible operational disruptions are not based on the made changes and/or repairs. The initial initialization of a feature, i.e., the connection to an additional or other system, is subject to a fee!
BuyWithMe warrants that the subscription or purchase features provided to the company are suitable for the purpose agreed in the Individual Contract at the time of provision and are not afflicted with errors that impair or reduce their usability for this purpose; an insignificant reduction in value or suitability remains disregarded.
No quality guarantee according to § 443 BGB is given. BuyWithMe fulfills its warranty obligation for subscribed features by providing a replacement feature. If the replacement feature is also defective, the company is entitled, at its choice, to conversion or reduction according to the general provisions of the Civil Code. BuyWithMe will assign any claims due to it against the manufacturers of the features during the warranty period to the company. The company accepts this assignment already now. The warranty period for purchase services is 12 months from delivery of the purchase subject. If used features are the purchase subject in the framework of special promotions, BuyWithMe assumes, depending on the agreement in the purchase or Individual Contract, a correspondingly shorter warranty for the features according to age, or even no warranty at all!
If errors or functional defects of the purchase service occur, the company will provide the information useful for defect elimination and cooperate supportively in error search. BuyWithMe will check the complained defect and immediately initiate the necessary steps for elimination (rectification). Instead of error elimination (rectification), BuyWithMe can also fulfill the warranty claim by providing a replacement service. In case of failure of two attempts at rectification or replacement delivery, the customer can optionally demand reduction of remuneration (reduction) or rescission of the purchase contract (conversion).
BuyWithMe is basically liable only for direct damages incurred by the company and insofar as the occurred damages are based on intent or gross negligence of BuyWithMe or on the absence of a guaranteed quality. The liability of BuyWithMe is limited to an amount of EUR 5,000 per damage event, overall to an amount of EUR 10,000 per calendar year, as well as to such damages with whose occurrence in the framework of an eCommerce system can typically be expected. Further claims for damages, especially for indirect damages such as lost sales or profit, are excluded! Deviating from this, BuyWithMe is liable in the framework of a service purchase contract to an amount of EUR 500 per damage event, overall to an amount of EUR 5,000. The liability of BuyWithMe according to the Product Liability Act or from the point of view of producer liability remains unaffected.
Otherwise, BuyWithMe is liable unlimited only for intent or gross negligence of its legal representatives or executive employees, as well as for serious organizational fault. For the fault of other vicarious agents, BuyWithMe is liable only according to the above measure of paragraph 1 of this section 6.
For slight negligence, BuyWithMe is liable only if a duty is violated whose observance is of particular importance for achieving the contract purpose (cardinal duty). In case of violation of a cardinal duty, the liability of BuyWithMe is limited according to the measure of paragraph 1 of this section 6. Besides other damage causers, BuyWithMe is liable only in the ratio in which it has contributed to the occurrence of the damage besides these and according to the agreed liability limitations. In case of failure of the platform, it is assumed due to alternative payment options that no damage has occurred to the company that goes beyond technical matters. The company reserves the right to prove a further damage to BuyWithMe.
The liability for data loss is limited to the typical recovery effort that would have occurred with regular and risk-appropriate creation of backup copies. If the damage is due to an error in the data network or to abuse of the data network, BuyWithMe is liable only to the extent that the telecommunications service provider causing the damage is liable to it. BuyWithMe will assign any claims due to it to the company. The company accepts this assignment already now.
Claims for damages of the company against BuyWithMe become statute-barred within one year, starting from the time at which the company gained knowledge of the claim. This does not apply to claims for damages from tort.
The contract term of the short/subscription and/or service contract specified in the Individual Contract begins with the provision of the platform. After expiration of this contract term, the contract automatically extends for another year, unless one of the contracting parties has previously terminated the contract in writing with a notice period of 3 months to the end of the contract term. This of course does not apply to short subscriptions of a few days to max. 1 year term!
Both parties are entitled to extraordinary termination without notice for important reason. An important reason entitling BuyWithMe to extraordinary termination without notice exists in particular if the company is in default with the payment of the respectively due fee or a not insignificant part of the fee for two payment dates, or if insolvency, composition, or bankruptcy proceedings are opened or their opening is rejected for lack of assets. BuyWithMe also has a right to extraordinary termination without notice in case the payment providers terminate the contract concluded with our system.
BuyWithMe is entitled to exclude or reject companies from the contract for creditworthiness reasons or other reasons (e.g., in case of negative economic information) that would question a regular payment transaction with the company.
A termination of this contract or of partial services of this contract before expiration of the fixed contract term (see Individual Contract) is basically not possible except for the expressly regulated exceptions.
If the company completely or not completely but to such an extent ceases its business operation during the contract term that the business basis on which this contract is based lapses, the company is entitled to extraordinary termination without notice of this contract. In this case, the company must pay BuyWithMe a down payment in the amount of 50% of the subscription interest due until the expiration of the fixed contract term upon ordinary termination.
If the shop remains on site with a change of owner approved by BuyWithMe, a new contract must be concluded with the new company. If the transition of the shop occurs during a running month, the fees for the running month are paid in full by the old company. BuyWithMe is obligated to implement the change of owner in its systems only at the end of the running month in which the new contract was concluded. If the actual transition of the shop already occurs during the running month, the new contract concluder conducts transactions at the risk that a switch has not yet occurred. BuyWithMe is not liable for any damages incurred in this case.
If the company refuses the acceptance or setup of the platform and thereby prevents the execution of the contract, BuyWithMe is entitled to terminate the contract extraordinarily without notice. In this case, the company is obligated to pay BuyWithMe a lump-sum damages in the amount of EUR 300.00 plus statutory value-added tax. If the company refuses the continuation of the contract after setup of the platform and stops the payments, BuyWithMe is entitled to terminate the contract extraordinarily without notice. In this case, the company must pay BuyWithMe a lump-sum damages in the amount of 50% of the subscription interest due until the expiration of the fixed contract term upon ordinary termination. In the aforementioned cases, the company has the proof of a lesser damage to BuyWithMe open. The term regulations also apply to all features, elements, and additional equipment by which the subject of the contract is later expanded due to supplementary legal agreements of the contracting parties.
Changes to these contract conditions are offered to the company in text form at least two months before the proposed date of their effectiveness. The company's consent is deemed given - subject to a termination by the company according to paragraph 2 - if the company has not indicated its rejection before the proposed date of effectiveness of the changes. BuyWithMe will particularly point out this approval effect in its offer.
BuyWithMe stores according to the provisions for eCommerce systems the information accruing at the server for the following purposes:
The company undertakes to perform at least one shop closure per week. Independently of this, BuyWithMe is entitled at any time to perform a system-side closure for the online transmitted sales (forced shop closure). Offline sales stored in the shop are not affected by this.
The company is solely responsible for compliance with the 8-day deadline in the framework of the eCommerce procedure or compliance with other deadlines. BuyWithMe assumes no liability or obligation in this regard.
The company is obligated to check immediately, but at the latest 10 days after performing the closure, that the payment receipt for the corresponding sales submitted by BuyWithMe for collection is correct. Related complaints must be reported to BuyWithMe immediately!
BuyWithMe assures for the area of the Federal Republic of Germany that, to its knowledge, the platform is free from such third-party rights that could establish a cease-and-desist claim, and that the contractual use of the platform does not infringe on foreign protective rights.
The company will notify BuyWithMe immediately if claims for infringement of protective rights are asserted against it. BuyWithMe reimburses the company its defense costs, whereby BuyWithMe reserves the appropriate defense measures and settlement negotiations.
If the contractual use is impaired by third-party protective rights, BuyWithMe has the right, in an extent reasonable for the company, at its choice and at its expense, to acquire licenses or to exchange the platform wholly or partially.
If BuyWithMe fails to eliminate impairments by third-party rights according to the preceding rules, the company is entitled to conversion or reduction.
The company is obligated to notify BuyWithMe immediately of an address, owner, or legal form change. Costs incurred by BuyWithMe due to these changes or the violation of this duty must be reimbursed by the company to BuyWithMe upon first request.
BuyWithMe is obligated due to money laundering regulations to obtain certain information about the company. The company undertakes to provide the information requested by BuyWithMe completely and correctly and to notify BuyWithMe immediately of changes to the provided information. The company undertakes towards BuyWithMe to comply with all money laundering regulations applicable to the company. BuyWithMe is entitled to terminate this contract extraordinarily without notice if the company violates the aforementioned obligations or has violated money laundering regulations applicable to the company.
If individual provisions of this agreement are or become wholly or partially invalid, or if there is a gap in the contract, this does not affect the validity of the contract otherwise. In place of the invalid or inapplicable provisions or to fill the gap, an appropriate regulation takes effect that, as far as legally possible, comes closest to what the parties wanted or would have wanted according to the sense and purpose of this contract if they had considered this point.
Contractual changes require written form. Emails are not legally compliant in Germany and therefore cannot be used for important contractual changes or even terminations. This also applies to the amendment of the written form requirement.
Place of performance and place of jurisdiction for all disputes arising from this contract is Ravensburg.
The law of the Federal Republic of Germany applies.
The scope of the services to be provided is based on the legal provisions, regulations of the payment providers or the platform (e.g., regulations of the payment networks) and other circumstances as they exist at the time of contract conclusion. If changes to these circumstances occur due to law or the aforementioned regulations, these are not covered by the scope of services.
BuyWithMe will obtain information from Schufa Holding AG, Kormoranweg 5, 65201 Wiesbaden, before providing the contractually agreed services (services or before delivery of the ordered features). In case of non-contractual behavior of the company (e.g., open claim amount after termination with undisputed claim, default), BuyWithMe transmits this information to SCHUFA. Until the final settlement of the business relationship, BuyWithMe can also obtain information about the company from SCHUFA. Contract partners of SCHUFA are mainly credit institutions as well as credit card and leasing companies. In addition, SCHUFA also provides information to trade, telecommunications, and other companies that grant services on credit. The aforementioned data transmissions may only occur according to the Federal Data Protection Act insofar as this is permissible after weighing all interests, and whether the institute where the company's funds are kept belongs to an institution for securing claims of depositors and investors and to what extent the collected amounts are secured by this institution. BuyWithMe is entitled to secure the collected amounts also in another form defined according to §13 Payment Services Supervision Act, BuyWithMe will inform the company about this in advance in a timely manner.
The company has decided in the framework of its Individual Contract for the subscription or purchase of a shop that enables the company to participate in the BuyWithMe system. Which service type the company has chosen results from the Individual Contract.
If the company has chosen "Shipping Setup" on the Individual Contract, BuyWithMe sends the pre-configured shop to the company within 2 working days after notification of the connection prerequisites. If the company has chosen "Express Setup" on the contract form, BuyWithMe will provide the shop to the company within 1 working day after notification of the connection prerequisites.
If the company has chosen "Setup by Technician" in the Individual Contract, BuyWithMe offers the company a setup appointment after notification of the connection prerequisites, which is within 2 working days after contract conclusion and contract receipt at BuyWithMe. The company is obligated to keep the access to the shop freely accessible.
If the company has chosen "On-Site Maintenance" in the Individual Contract, the company must immediately notify BuyWithMe of occurring technical disruptions of the shop. Maintenance work is carried out during usual working hours.
If the company chooses the contract form "On-Site Maintenance", BuyWithMe undertakes to carry out the repair within 48 hours after the fault report.
If the company chooses "Depot Maintenance", a replacement feature is provided via support within 2 working days.
The subject of the service BuyWithMe Premium is the provision of extended features for the purpose of processing online payments.
The provision occurs during the agreed contract term. BuyWithMe is entitled to termination for important reason.
After contract termination, the company must deactivate the add-ons without request. Supplementary notes to our GTC's
Connection via Cooperation Partners
BuyWithMe can use so-called cooperation partners or sales partners for consulting and acquisition. These are authorized to advise companies within the competence framework explicitly specified by BuyWithMe and to have the Individual Contract legally signed by the company. However, the legally valid countersignature of the contract is reserved exclusively for an authorized BuyWithMe sales representative. BuyWithMe further reserves the right to reject a contract of a cooperation partner if this has made promises or statements outside its competence framework or contrary to other agreements with BuyWithMe. If the company is connected via a cooperation partner of BuyWithMe (e.g., a partner from the payment industry), BuyWithMe is entitled to provide the data and information necessary for the care of the company as well as for the commission settlement for the cooperation partner to the cooperation partner.
All rights reserved, this platform was created by R.Eckstein from Germany ©2025
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