Buyer Protection

PLEASE NOTE
We do not work with companies such as ebay or any other private sales marketplaces. Please do not buy anything from private citizens with the payment method viacash (or Barzahlen) on these websites. Please note that the buyer protection does not apply in these cases.

1. General

The viacash.com buyer protection protects the buyer in case a purchased item was not dispatched or the item delivered significantly deviates from the seller’s article description.

As soon as the buyer has made an application for viacash.com-buyer protection, viacash.com will verify the request and, if applicable, request further information from the buyer and payment recipient in order to obtain clarification.

Your opposing party for claims under these buyer protection guidelines will always be

Cash Payment Solutions GmbH,

security@viacash.com

(following “viacash.com”).

2. Claim entitlement

2.1 In order to claim under the viacash.com-buyer protection, the following conditions must be satisfied (cumulative):

a) The buyer provides viacash.com with proof that he or she has purchased an item from an online partner of viacash.com.

b) The buyer provides viacash.com with proof that he or she has purchased the said article with the assistance of the “viacash” payment service.

c) The article has not been dispatched or significantly deviates from the product description

2.2 Should the seller provide a valid dispatch note which proves dispatch and/or receipt of the item, viacash.com will reject the buyer’s application for viacash.com buyer protection. viacash.com buyer protection due to articles which have not been dispatched does not apply to items which are lost in transit. Prior to an application for viacash.com buyer protection, the buyer must have granted the seller sufficient time (at least one week) for the dispatch and delivery of the goods and must initially attempt to clarify the conflict by making direct contact with the seller. Proof concerning establishing contact must be attached to the buyer protection application.

2.3 viacash.com shall take a decision on a case-by-case basis using documentation which the seller must submit as to whether the article actually does significantly deviate from the product description.

3. Application deadline

The buyer must make the application for viacash.com-buyer protection within a deadline of 30 (thirty) days following conclusion of the contract.

4. Exclusion regulation

The viacash.com-buyer protection does not apply to articles which:

a) breach laws, ordinances, provisions or regulations

b) concern transactions in respect of (a) drugs, steroids, certain controlled substances or other products which constitute a risk to consumer safety, (b) drug utensils, (c) cigarettes, (d) articles which encourage, call on, support or instruct others to act illegally, (e) stolen goods including digital or virtual items, (f) the promotion of hate, violence or the financial exploitation of a crime, (g) articles which are to be considered obscene, (h) articles which breach copyright, trademark rights, rights to publicity or privacy or other titles in accordance with the laws of any jurisdiction, (i) certain sexually orientated materials or services, (j) ammunition, firearms, gun parts or accessories, or (k) certain weapons or knives which are subject to the regulations of applicable laws.

c) are non-physical, personalised or specially- manufactured goods.

5. Obligations incumbent on the buyer

5.1 The buyer must answer all enquiries of viacash.com concerning the application for viacash.com-buyer protection within 10 (ten) days. viacash.com will reject the application should the queries not be answered within the specified period. viacash.com may extend this deadline should exceptional circumstances apply which are beyond the buyer’s control.

5.2 Should the buyer submit an application for viacash.com-buyer protection because the article received significantly deviates from the seller’s product description, the buyer must, if called on to do so by viacash.com, return the article to the seller at his or her expense or send it to another recipient or to an address notified by viacash.com during the conflict resolution process and submit a corresponding dispatch receipt. viacash.com will not request the return delivery if a justified suspicion exists that the return shipment could lead to a breach of the law. viacash.com furthermore reserves the right to request additional documents in support of the buyer’s claim. The buyer shall bear any costs incurred by him or her as a result.

6. Other terms

6.1 The buyer may only submit one application for viacash.com-buyer protection per sales agreement, either because the seller has not dispatched the article or because the item significantly deviates from the product description. However, the buyer may subsequently alter the reason for his or her application by contacting customer services (for example the buyer did not initially receive an item, but the article was subsequently delivered but it significantly deviates from the product description).

6.2 An application for viacash.com buyer protection can apply to more than one article, for example if the buyer purchases 3 (three) items 2 (two) of which are not dispatched. The buyer must submit the application for both articles jointly as 1 (one) application.

6.3 The decision concerning the application for viacash.com buyer protection is final. No recourse to legal action against viacash.com may be had in connection with the said decision.

7. Payment

Should an application for viacash.com buyer protection be successful, viacash.com shall reimburse to the buyer the purchase price paid, up to a maximum of 500 €. In the event that viacash.com provides the buyer with a refund, regardless of the reason, the buyer hereby agrees to the refund being made by means of a bank transfer to his or her bank account. The payment shall take place regardless of whether viacash.com can reclaim the reimbursement amount from the payment recipient.

8. Closing provisions

8.1 Assignment of the refund claim: By means of the receipt of the payment under the viacash.com-buyer protection, the buyer hereby assigns to viacash.com all claims vis-à-vis the seller under the sales agreement underlying the viacash.com buyer protection claim with regard to the amount of the sum paid.

8.2 Availability of viacash.com buyer protection: viacash.com shall reserve the right to amend or withdraw viacash.com buyer protection at any time at its own discretion, without the giving of reasons. Unresolved claims at the time of the withdrawal will continue to be processed, until a final decision is reached.

8.3 The buyer hereby permits viacash.com to access the dispatch information of the respective shipping company in his or her name, in order to verify the dispatch of an article.

8.4 Statutory rights and rights under your sales agreement: viacash.com-buyer protection does not affect the statutory and contractual rights between the buyer and the seller and should be considered separately from such. viacash.com does not act as the representative of the buyer, seller or payment recipient. viacash.com merely takes a decision concerning the application for viacash.com-buyer protection.

8.5 Law and place of jurisdiction: These regulations shall be subject to German law. The place of jurisdiction is Berlin.