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Holyo GmbH, Münzstraße 12, 10178 Berlin, 10178 Berlin, Germany, e-mail address: support@holyo.com, registered in the commercial register of the Berlin Local Court under HRB 265157B, tax number: DE 202 110 08963, represented by the Managing Director Jens Garberding, ("Provider", "we", "us", "our") is an issuer of various voucher products, including the Holyo Card.

The following General Terms and Conditions ("GTC") apply to the sale of Holyo Card and third party products to individual customers ("Customer", "you", "your") as amended from time to time. Any terms and conditions contrary to or deviating from these GTC shall not apply unless the Supplier agrees to their validity in writing.

Part A: General provisions 

(Status: July 2024)

1. DEDICATION OF THE HOLYO CARD

1.1 The issuer of the Holyo Card is the Provider. Holyo Cards are a universal voucher with which the voucher holder can purchase vouchers, product keys and license codes from third party providers ("Third Party Products") from our current product range exclusively via our portal at www.holyocard.ro. Holyo Cards are not technically accepted or processed by third parties. Holyo Cards are not redeemable for cash in whole or in part and the value paid out as a Holyo Card does not bear interest.

1.2 The Holyo Card cannot be used for cash payments, bank transfers, the purchase of foreign currencies or cryptocurrencies and cannot be used as a general means of payment.

1.3 The Holyo Card expires three years after the end of the year in which the Holyo Card was purchased.

1.4 The Holyo Card is a stand-alone voucher that cannot be equated with a third party product. By ordering the Holyo Card, the customer concludes a contract only with the provider and not with a third party provider.

1.5 If you have any questions about the Holyo Card or Third Party Products, please contact our customer service team at support@holyo.com. We will endeavor to provide you with the best possible support in all matters relating to the Holyo Card and/or Third Party Products.

2. OUR RANGE OF THIRD-PARTY PRODUCTS 

2.1 Information about our range of third-party products can be found at www.holyocard.ro.

2.2 We are not obliged to offer certain third party products on a permanent basis. If we cease to offer a particular third party product, the Holyo Card purchased cannot be used to purchase that third party product. This also applies if a third party provider was advertised as a third party provider at the time of purchase of the Holyo Card.

2.3 The offer contains a complete and accurate description of the products offered. The description and product information are based on information from external providers.

2.4 The photos on the website and/or the (mobile) app are a true representation of the product offered. These photos are for illustration and identification purposes only. Obvious errors or mistakes in the offer are not binding for the provider.

2.5 If a product has a limited shelf life or is subject to (additional) conditions, this will be clearly stated in the offer.

3 PRICE

3.1 The product prices stated on the website and/or (mobile) app are binding for the conclusion of the contract.

3.2 The prices stated on the website and/or the (mobile) app are inclusive of VAT and may vary due to additional surcharges and ancillary costs directly related to the payment process.

3.3 The Provider is not bound by the price stated on the Website and/or the (mobile) app if this is based on an obvious error and/or mistake.

4. ORDERING PROCESS AND CONTRACT

4.1 Before placing an order on the Website and/or the (mobile) application, the Customer must enter his name, address and e-mail address on the Website and/or the (mobile) application. The Customer is responsible for entering the correct data in this respect.

4.2 The Provider reserves the right to refuse the Customer (or its request) at any time without giving reasons.

4.3 The customer must select the payment method during the order process on the website and/or the (mobile) app.

4.4 By placing an order on the website and/or the (mobile) app, the customer guarantees that

(a) have reached the age of 18 or

(b) has obtained the consent of the parents or legal guardians,

and is therefore authorized to conclude the contract.

4.5 Subject to Article 4.6, a contract is concluded when the customer accepts the offer by clicking on the order button in the order process on the website and/or the (mobile) app and accepts the applicable terms and conditions.

4.6 The Holyo Card provider may obtain information on the Customer's ability to meet its contractual payment obligations within the framework of the applicable statutory provisions. If, on the basis of this information, there is a valid reason not to conclude a contract, the Holyo Card provider shall be entitled to refuse to fulfill the order, stating reasons, or to impose special requirements for the fulfillment of the order.

5. PAYMENT

5.1 Due to the nature of the services provided by the Supplier, full payment of the Product by the Customer is required prior to delivery.

5.2 The Customer may settle the difference between the product price and the credit balance on the Holyo Card by choosing different payment methods. The customer will be informed about the different payment methods at the beginning of the order process and before the contract is concluded. Depending on the payment method chosen, additional transaction costs may be incurred. In such cases, this will be clearly communicated to the customer during the order process and before the contract is concluded. 

5.3 The Supplier reserves the right to refuse delivery of the Product without giving reasons, even if payment has been made by the Customer. In this case, the Supplier shall not collect the payment made by the Customer or return the collected payment.

6 DELIVERY

6.1 Once payment has been made, the customer receives an order confirmation, which is displayed on their screen and sent by email. This confirmation contains a link to the ordered products. By clicking on the link, the products are displayed on the customer's computer screen. The seller is not responsible if the customer provides an incorrect e-mail address.

6.2 The supplier shall deliver the product to the customer without delay, but at the latest within one hour of receipt of the customer's payment. The delivery period also depends on the selected payment method.

6.3 Each external product is unique and can only be used once with an external provider. The duplication, modification and/or re-implementation of products is not permitted and will be regarded as fraud.

7. RIGHT OF WITHDRAWAL

7.1 Products from external suppliers

The supplier's performance shall be deemed to have been rendered at the time of successful delivery of the external supplier's product. Successful delivery occurs when the external supplier's product has been dispatched to the customer. The product is then in the customer's possession and the order process is deemed to have been completed. As soon as the product ordered from the external supplier has been received, the right of withdrawal expires.

7.2 Holyo Card

The customer has the right to withdraw from the purchase of the Holyo Card within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which the customer took possession of the Holyo Card by purchasing it from the provider.

The Holyo Card can only be returned to the retailer from whom it was purchased under the right of withdrawal. A receipt must be presented as proof. This must include the purchase price or value of the Holyo Card, the product code (if printed on the receipt) and the date of purchase.

In order to return the Holyo Card to the selling provider, the Holoy Card cannot be redeemed. Only in this case does the customer have the right to withdraw from the contract.

If other withdrawal rules apply to the vendor, the vendor's withdrawal rules shall apply.

8 WARRANTY

8.1 Supplier warrants that the Holyo Card and the Third Party Products are free from defects in accordance with the provisions of applicable law.

8.2 The Supplier warrants that the purchased Third Party Product gives rise to an enforceable claim against the relevant Third Party Provider for the purchase of goods or services from the relevant Third Party Provider up to the nominal value of the Third Party Product. The purchase of the Third Party Product is subject to the terms and conditions of the Third Party Supplier.

9. LIABILITY

9.1 The Supplier shall be liable to the Customer in accordance with the provisions of applicable law.

9.2 The purchased Holyo Card shall be properly stored and its code shall be protected from unauthorized access. Supplier shall not be responsible for loss, theft or damage of the Holyo Card.

10. OFFSETTING

The customer shall only have a right of set-off or retention if the counterclaims asserted by the customer are expressly recognized by the supplier or have been legally established.

11. PLACE OF JURISDICTION AND CHOICE OF APPLICABLE LAW

11.1 If (i) the Purchaser was domiciled or resident in Germany at the time the contract was concluded and (ii) the Purchaser has not moved its domicile abroad at the time the Supplier takes action or the Purchaser's domicile or residence is currently unknown, the place of jurisdiction for all disputes shall be the Supplier's registered office in Berlin. In all other respects, the statutory provisions shall apply.

11.2 German law shall apply exclusively, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. The above choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the country in which the customer is domiciled or habitually resident.

12. SEVERABILITY CLAUSE

Should individual provisions of these GTC be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions or parts thereof. Invalid or missing provisions shall be replaced by the relevant statutory provisions.

13. DISPUTE SETTLEMENT PROCEDURE

With Regulation (EU) No. 524/2013, the European Commission has created a platform for out-of-court dispute resolution, which you can find at https://ec.europa.eu/consumers/odr/. We are not obliged to participate in the dispute resolution procedure before the consumer arbitration board (information in accordance with Section 36 of the Consumer Dispute Resolution Act) and do not wish to do so.

 

Part B: Conditions for the introduction of the Holyo Card

(Status: July 2024)

The following General Terms and Conditions ("GTC") apply in their respective current version and apply to the redemption of our voucher products, such as the Holyo Card ("Holyo Card"), for the purchase of products from external suppliers ("External Products") by the voucher holder ("Customer", "you", "your"). Any terms and conditions contrary to or deviating from these GTC shall not apply unless the Supplier expressly agrees to their validity in writing.

1. GENERAL PROVISIONS

1.1 On the basis of these GTC, the Customer acquires the ordered product from a third party in exchange for the fulfillment of the Holyo Card. The Customer's contractual partner is the Supplier.

1.2 We are obliged to send the ordered products to a third party.

1.3 We are not obliged to offer certain third party products on a permanent basis. If we cease to offer a particular third party product, the Holyo Card purchased cannot be used to purchase that third party product. This applies even if the third party provider was named as such at the time of purchase of the Holyo Card.

2. REDEMPTION PROCESS FOR THE HOLYO CARD

2.1 To redeem a Holyo Card, go to the web address indicated on the Holyo Card and follow the instructions there. To purchase a third party product, you will need the Holyo Card printed on the back of the Holyo Card or on the receipt.

2.2 Once the Third Party Product has been selected and placed in the shopping cart, the Customer must accept the General Terms and Conditions in order to proceed with the payment process. As soon as the payment process is completed by clicking the "Buy" button, the Customer submits an offer to purchase the Third Party Product by redeeming his Holyo Card.

2.3 The offer is accepted by order confirmation. The customer receives a link to the ordered third-party products by e-mail. These can then be redeemed with the third party product providers. Holyo Card offers the possibility of multiple purchases up to the value of the Holyo Card.

2.4 The Holyo Card must be redeemed in your own name and for your own account. A purchase in the name of a third party is not permitted.

2.5 The Provider reserves the right to suspend, block or subject the Holyo Card to a comprehensive check if this is necessary to prevent money laundering and fraud. If such blocking of use is triggered by our system, the Customer may be permitted to use the Holyo Card by verification/authentication. 

2.6 Claiming refunds, retroactive payments, discounts or other monetary benefits granted in connection with the purchase of the Holyo Card, the purpose of which is to directly or indirectly obtain a discount on purchases in third party stores, is not permitted.

2.7 The purchase of a Holyo Card for the purpose of resale is only permitted with the prior written consent of Supplier. This also includes the use of the Holyo Card for the purchase of goods or services which are purchased for resale with the credit on one or more Holyo Cards.

3. SUPPLY OF A THIRD PARTY PRODUCT

3.1 We will deliver the third-party product electronically within one working day of your order. This usually takes a few minutes.

3.2 We deliver the third-party product by e-mail. It is not possible to receive the third-party product yourself.

4. LIABILITY, WARRANTY

4.1 The warranty of the provider (Holyo GmbH) for the purchased third party product shall be governed by the statutory provisions. We further warrant that a third party product purchased by redemption of the Holyo Card constitutes a valid and enforceable claim against the respective third party provider for the purchase of goods and services of the respective third party provider in the amount of the respective nominal value of the third party product. 

4.2 The liability of the supplier (Holyo GmbH) shall be governed by the applicable statutory provisions.

4.3 For all complaints and questions in connection with the purchase of a third-party product as part of the implementation of the Holyo Card (in particular questions regarding delivery or liability for defects), our service team is available to the customer during general business hours at support@holyo.com.

5. DISPUTE SETTLEMENT PROCEDURE 

With Regulation (EU) No. 524/2013, the European Commission has created a platform for out-of-court dispute resolution, which you can find at https://ec.europa.eu/consumers/odr/. We are not obliged and do not wish to participate in a dispute resolution procedure before the consumer arbitration board (information in accordance with Section 36 of the Consumer Dispute Resolution Act).