Terms & Conditions

General Terms and Conditions for Platform Users

§ 1 Scope of application

1. These General Terms and Conditions (hereinafter referred to as "GTC") shall apply in relation to SunnyCash.com, owner Matthias Kimmig, Akademiestr. 44, 76133 Karlsruhe (hereinafter "Provider") for users of the platform SunnyCash.com regardless of whether the user takes up the offer as a consumer or as an entrepreneur. Seals shall not apply to Shop owners who have chosen the provider to advertise their shop or their products on the provider's platform.
2. Deviating general terms and conditions of business or delivery of the customer shall find their way to the Contractual relationship no application.

§ 2 Object of performance

1. The provider offers the possibility via the SunnyCash.com platform to purchase products at other companies (hereinafter referred to as "shop"), a part of the Purchase price refunded through a payout or a purchase voucher to get, if the purchase over the left of the offerer made available is initiated. SunnyCash.com will finance this repayment (subsequent "cashback"). by a commission, which he has to pay for this purchase or for the use of a Service purchased by the user from the other company.
2. In addition, by clicking on a special link on the SunnyCash.com platform, the provider offers special promotions or coupon codes (hereinafter "discount links") in order to purchase products or services at a discount from a shop.

§ 3 Setting up a user account

1. If the user wishes to make use of the possibility of a cashback from SunnyCash.com, he can use the "Register" button to apply for the creation of a user account. In doing so, he/she must enter the title, surname, first name and an e-mail address and choose a password himself/herself. Deviating from this, discount links can also be used without setting up a user account.
2. If the provider accepts the user's registration, the user receives an e-mail to check the correctness of the e-mail address provided by him. After calling up the link contained in this e-mail, the user account is activated and the user can log in to the SunnyCash.com platform using the "Login" button.
3. The provider is not obliged to accept a registration of a user.
4. The user may not allow third parties to use his user account, nor may he set up several user accounts. He must keep the assigned password secret.
5. In the user account, the user can view his activities on the SunnyCash.com platform, view the status of any claims for payment or purchase vouchers and request a payment or transmission of a purchase voucher in accordance with § 5 of these GTC.
6. The user can enter his bank details and/or a Paypal account in his user account at any time in order to claim a credit payment. Without a bank account or a Paypal account, a cashback that is not in the form of a voucher cannot be paid out.

§ 4 Use of cashback or discount links

1. As soon as and as long as the user is logged in to the provider's platform via login, it is possible to create a link from the offers on the platform to the offer of a shop. Deviating from this, discount links can also be used without registration.
2. Insofar as a claim to cashback is considered, this is described in more detail in the respective offer. In each case, it is also stated whether the cashback is in the form of a payout or a shopping voucher and whether there are any additional conditions for a claim to cashback.
3. As far as a discount link is concerned, this is also stated in the offer and the user receives the discount directly credited in the shop if he fulfils the conditions stated in the offer.

§ 5 Cashback payment

1. If all of the following conditions are met, the user is entitled to cashback:
   1. The user is logged into his user account and has called up the shop in which he wishes to place an order via the link provided by the provider and has not called up any other Internet pages, in particular from discount links from other voucher and/or cashback portals, between calling up the link and thus prevented the allocation of the order to the click on the link.
   2. The user must have cookies activated in his browser and accept cookies from the provider or the shop so that the order can be allocated to the user.
   3. The user does not use an ad blocker or comparable software to complicate or block the recording and allocation of the purchase.
   4. The contract between the user and the operator of the linked shop is concluded via the link.
   5. The user has accepted and paid for the delivery of the goods through the shop.
   6. Any existing revocation period of the user vis-à-vis the shop has expired.
   7. The operator of the shop has paid the commission to the provider finally and without the possibility of reclaiming it to the provider.
   8. The offer must still have been valid when you click on the link.
   9. The user has deposited his bank details or a valid Paypal account in his user account for a cashback, which is to be made in the form of a payout.
   10. Possible further conditions mentioned in the individual offer are fulfilled.
2. If there is a claim to cashback in the form of a shopping voucher, the provider will provide the user with the shopping voucher in electronic form by e-mail upon request of the cashback by the user.
3. As far as a payment is owed, the provider makes a payment to the bank or Paypal account indicated by the user after request by the user.
4. An assignment of the claim to payment of cashback by the user is excluded.

§ 6 Duration

1. The contract between the provider and the user is concluded for an indefinite period of time.
2. The contract can be terminated by the user at any time without notice by closing his user account. In the event of termination by the user, cashbacks that have not yet been paid out or are not yet ready for payment shall expire until termination. The user will be informed of this consequence when closing his account.
3. The provider can cancel the contract with a period of 6 weeks in writing or by Cancel e-mail. In this case, any credit balance of the user at Due date paid out. If the user, as far as a claim for payment is concerned the supplier at the time of the due date neither a bank account nor a bank account a Paypal account and does not get this within 2 weeks. after being requested to do so by the provider, his entitlement to the Commission. Both in the notice and in the solicitation, the provider to inform the user of this legal consequence.

§ 7 Liability

1. The provider is liable to the user in all cases of contractual and non-contractual liability in cases of intent and gross negligence in accordance with the statutory provisions for damages or compensation for futile expenses.
2. In other cases, the provider is only liable - unless otherwise stipulated in Paragraph 3 - in the event of a breach of a contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the user may regularly rely (so-called cardinal obligation), limited to compensation for the foreseeable and typical damage. In all other cases the liability of the provider is excluded subject to the regulation in paragraph 3.
3. The liability of the provider for damages resulting from injury to life, body or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.

§ 8 Amendments to the GTC

1. The provider is entitled to make adjustments to the general terms and conditions due to legal, market or product-related changes. The provider will inform all registered users at least six weeks before the new or changed conditions come into effect. This is done by sending an e-mail to the e-mail address stored in the user account.
2. The user is entitled to terminate the contract at the time the change takes effect. The provider will inform the user of his right of termination, the possible deadline to be observed and the further procedure. If the customer does not terminate the contract, the new changed conditions will come into force after expiry of the deadline. The provider will inform the user of this circumstance in the e-mail.

§ 9 Final clauses

1. 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. If the user uses the platform as a consumer and has his habitual residence in another country at the time of use, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.
2. If the user is a merchant and is domiciled in Germany at the time of use, the exclusive place of jurisdiction shall be Karlsruhe. For the rest, the applicable statutory provisions shall apply to local and international jurisdiction.

Karlsruhe, 2019-10-28