General Terms and Conditions

1. GENERAL

1.1. These terms and conditions apply to anyone who uses the services provided by the website www.buddybeers.com.

1.2. On the website www.buddybeers.com managed by BuddyLabs UG (haftungsbeschränkt) (BuddyLabs) vouchers for products of other companies (Partners) will be offered. It is the sole responsibility of these Partners to deliver the goods or services on the voucher and provide these goods and services on the basis of their respective terms and conditions. BuddyLabs does not guarantee the delivery of the goods specified in the vouchers, but only that the voucher granted to the recipient entitles them to the provision of services by the Partner.

1.3 The vouchers sold by BuddyLabs are for an exact monetary value (voucher) or a specific product (voucher) and may not be exchanged for cash.

1.4 The services BuddyLabs provides are subject to the following terms of use. The terms of BuddyLabs are accepted when the person creates and confirms a user profile. The terms can be accessed at any time via http://www.buddybeers.com/terms, saved or printed locally.

2. OPERATOR OF THE SERVICE BUDDY BEERS

The website www.buddybeers.com and the voucher-selling and -redeeming software associated with this website are owned by:

BuddyLabs UG (haftungsbeschränkt)
Stargarderstr. 80
10437 Berlin
Germany

Telephone: +49 (0) 30 609 871 850
Fax: +49 (0) 30 609 871 859

E-mail: info@buddybeers.com

3. PURCHASING VOUCHERS

To buy a voucher from www.buddybeers.com

  1. Click any button marked ‘buy a beer’ or ‘send a beer.’
  1. Enter the email address and / or mobile phone number and the name of the voucher recipient.
  1. Select a country, city and Partner where the voucher will be valid.
  1. Select the product or service and the desired number of vouchers.
  1. Enter a greeting message and your name and press the button ‘Send.’
  1. Select a payment type (buddy bucks or PayPal).
  1. Enter the required payment information in accordance with the selected payment processing provider and confirm the payment using the appropriate ‘payment’ buttons during the purchase process.
  1. After the successful postback confirmation from the payment processing provider we will send the recipient of the voucher a coupon code and further instructions for redeeming the voucher.

4. VOUCHER SENDING, VOUCHER REDEMPTION AND RIGHTS REGARDING VOUCHER

4.1 The voucher will be sent upon successful purchase by e-mail and / or text message to the e-mail address and / or mobile number that was provided when ordering. The dispatch of the voucher occurs once the payment has been registered in our account and we have been notified by our payment processor.

4.2 All vouchers are provided with a unique alphanumeric code used to redeem the voucher that matches a list in the Partner’s possession. The voucher is not transferable. Copying, editing or manipulation of the vouchers is not allowed. BuddyLabs reserves the right, given the suspicion of unauthorized reproduction of the voucher data, to notify the Partner of the infringement and take legal action.

4.3 Each voucher can be redeemed only once at the Partner for which it is valid. If the voucher value is not completely used during the order with the Partner the remaining value is forfeited. A refund is not possible.

4.4 The voucher does not grant the right to receive goods at a certain time. The amount of vouchers redeemable per day per person is at the sole discretion of the Partner. The partner is obligated to redeem at least one voucher per person per day.

4.5 The voucher has an expiration date and a validity period. The voucher can only be redeemed within this given period of validity. If the Customer does not redeem the voucher within the period of validity, it can be exchanged with Buddy Labs within the statutory period of limitation incurring a fee equal to 15% of the purchase price of the voucher. The customer has the right to prove that BuddyLabs has suffered significantly little or no effort by the exchange.

4.6 The commercial resale of vouchers is prohibited. If this rule is violated, BuddyLabs reserves the right to take legal action and to seek compensation.

5. WARRANTY / LIABILITY

5.1. BuddyLabs guarantees that the Partner will redeem the voucher, this means they will exchange it for a product or service of the same value when it is presented within the voucher’s validity period.

5.2. BuddyLabs makes no guarantee about the product or service acquired by the customer from the Partner. The goods, services and prices listed on the voucher are controlled by the Partner through their user account on www.buddybeers.com. Therefore, BuddyLabs shall not be liable to the customer for the inability of the Partner to deliver the exact product or service that they listed.

5.3 If there is a problem redeeming a voucher or with the delivery of the listed product or service, BuddyLabs will attempt to find a reasonable solution. If this case applies, please email help@buddybeers.com or contact us via telephone with your exact problem.

6. FUNCTIONALITY AND AVAILABILITY OF THE WEBSITE

BuddyLabs reserves the right to limit or discontinue the service, scope and functionality of the website at any time unless a conflicting sales contract exists. BuddyLabs attempts to offer their services without interference, but there are cases when the service will be interrupted in particular due to maintenance, development or third party failures. This can sometimes result in loss of data. BuddyLabs assumes no liability for the availability of the Service or the absence of interference or data loss.

7. PARTNER

7.1 The Partners of BuddyLabs are hospitality establishments that accept vouchers purchased on www.buddybeers.com.

7.2 The hospitality establishment accepts these terms and conditions immediately upon clicking the button on www.buddybeers.com to add their establishment to our database or logging into the account assigned to their establishment.

7.3 Partners receive a monthly revenue share in accordance with the number of vouchers successfully declared as “redeemed” through www.buddybeers.com. If a Partner does not fulfill the obligation referred to in 4.4 above, BuddyLabs reserves the right to recoup transaction costs incurred and claim any costs incurred by refunds.

7.4 If a partner is declared legally insolvent, the senders and recipients of any vouchers outstanding for the Partner have the right to ask for and receive new vouchers of the same monetary worth as those outstanding. These vouchers will be valid for an alternative Partner.

7.5 The Partner is responsible for checking that a person is legally allowed to purchase the goods or services provided and does not violate and laws, especially regarding legal alcohol drinking age, when serving the person. If a breach of such law takes place, the voucher used is no longer valid and any claims to compensation are waived.

8. COPYRIGHT

BuddyLabs reserves all copyrights and other rights to the Service, the published content, information, images, videos and databases (the “Protected Property”). Any modification, reproduction, publication, disclosure to third parties and / or other exploitation of the Protected Property without the prior written consent of BuddyLabs is strictly prohibited.

9. MODIFICATION OF TERMS

9.1. BuddyLabs will occasionally adapt these terms and conditions to implement legal requirements or to reflect changes in functionality. The current terms of use can be found here: http://www.buddybeers.com/terms. If a user does not agree to accept the amended terms and conditions they will unfortunately not be able to use our service.

9.2. Given a preexisting contractual agreement between the customer and BuddyLabs and a modification of the Terms and Conditions was made aware to the customer, the customer must object to the changes in writing within 6 weeks of being made aware of the changes. If this objection is not made within the timeframe the customer releases BuddyLabs of any legal consequences and this constitutes acceptance of the modifications.

10. SEVERABILITY

If any present or future provision of the contract for reasons other than stated in the 305-310 BGB, render the entire contract or partly invalid / void, the validity of the remaining provisions of this agreement will not be affected, unless the execution of the contract causes undue hardship for a party. The same applies if, the conclusion of the contract results in gaps. Given invalidity or voiding of the contract rights fall back upon respective legal regulations.

11. GOVERNING LAW / JURISDICTION

11.1 German law applies under the UN Sales Convention (CISG).

11.2 For contracts with customers, the exclusive place of jurisdiction is Berlin, Germany.

This page was last updated on: 16 Jan 2012