Terms of Service

1. Scope

1.1. These Terms of Service (hereinafter "Terms") apply to the use of the online platform energycodez.com (hereinafter "Platform") and govern the contractual relationship between the operator of the Platform (see Legal Notice, hereinafter "Operator" or "we") and the users of the Platform.

1.2. Users are natural or legal persons who register on the Platform to buy codes (hereinafter "Buyers") or to sell codes (hereinafter "Sellers").

1.3. By registering on the Platform, the user acknowledges these Terms as binding.

1.4. Deviating, conflicting, or supplementary terms and conditions shall not become part of the contract unless their validity is expressly agreed to in writing.

2. Contracting Parties and Platform Role

2.1. Peer-to-Peer Marketplace: The Platform operates exclusively as an intermediary between Buyers and Sellers. Purchase contracts for codes are concluded directly between Buyer and Seller, not with the Operator.

2.2. Escrow Function: The Operator processes payments in escrow, meaning the purchase price is collected from the Buyer, the platform fee is deducted, and the remaining amount is paid out to the Seller.

2.3. No Seller Status: The Operator does not act as a seller of codes and assumes no liability for the validity, functionality, or legal permissibility of codes sold on the Platform.

3. Registration and User Account

3.1. Requirements: Use of the Platform requires registration. Users must be at least 18 years old and have full legal capacity.

3.2. Truthful Information: Users must provide truthful and complete information during registration. Changes must be updated immediately.

3.3. Account Security: Users are obligated to keep their login credentials confidential and protect them from third-party access. In case of suspected misuse, the Operator must be notified immediately.

3.4. One Account per Person: Each user may only create one account. Creating multiple accounts to manipulate the rating system or for other abusive purposes is prohibited.

3.5. No Entitlement to Registration: The Operator reserves the right to refuse registrations without stating reasons.

4. Selling Codes

4.1. Legality: Sellers warrant that the codes offered:

• Were lawfully acquired
• Do not originate from fraud, theft, or other criminal offenses
• Are transferable and eligible for resale
• Do not violate the rights of third parties (in particular the terms of code issuers)
• Are valid and redeemable

4.2. Commercial Sellers: Sellers who act commercially are obligated to register a business and fulfill all tax obligations. The Platform assumes no liability for tax omissions by Sellers.

4.3. Pricing: Sellers set their own prices. The Operator reserves the right to review conspicuously high or low prices.

4.4. Listing a Code: By listing a code, the Seller makes a binding offer to sell. The code is transmitted to the Buyer immediately upon purchase.

4.5. No Cancellation: Once listed, a code cannot be deleted unless it has not yet been sold.

5. Buying Codes

5.1. Conclusion of Contract: By clicking "Buy" and confirming the purchase, the Buyer makes a binding offer to purchase. The purchase contract is concluded upon immediate delivery of the code.

5.2. Immediate Delivery: Codes are provided digitally immediately upon successful payment. The Buyer receives the code on the success page and by email.

5.3. No Right of Withdrawal: Pursuant to Section 356(5) BGB, the right of withdrawal for digital content expires when delivery has begun with the express consent of the consumer before the expiry of the withdrawal period. By purchasing, the Buyer agrees to immediate delivery and waives the right of withdrawal.

5.4. No Returns: Due to the nature of digital goods and immediate delivery, returns or refunds of codes are excluded, unless the code is demonstrably invalid (see Section 10).

5.5. User Responsibility: The Buyer is responsible for correctly redeeming the code. Errors during redemption are at the Buyer's expense.

6. Pricing and Fees

6.1. Prices: All prices displayed on the Platform are final prices in Euros including applicable taxes.

6.2. Platform Fee: The Operator charges a commission of 10% of the selling price. This is automatically deducted from the sale proceeds.

6.3. Example Calculation:

• Selling price: 5.00 EUR
• Platform fee (10%): 0.50 EUR
• Payout to Seller: 4.50 EUR

6.4. Right to Modify: The Operator reserves the right to change the platform fee with 4 weeks' notice. Already listed codes are not affected.

7. Payment Processing

7.1. Payment Methods: Payment is processed via Stripe or PayPal. The terms and privacy policies of the respective payment service providers apply.

7.2. Escrow: The purchase price is collected in escrow by the Operator and, after deducting the platform fee, paid out to the Seller.

7.3. Late Payment: In case of late payment by the Buyer, the Operator reserves the right to block access to purchased codes until payment has been received in full.

8. Seller Payouts

8.1. Payout Methods: Sellers can request payouts via PayPal or Stripe.

8.2. Minimum Amount: Payouts are only processed from a minimum balance of 10.00 EUR.

8.3. Payout Timeline: Payouts are processed within 7 business days of the payout request.

8.4. Hold Period: To prevent fraud, a hold period of 48 hours from the time of sale applies, during which payouts are not possible.

8.5. Fees: Any fees charged by payment service providers (e.g. PayPal fees) are borne by the Seller.

9. Rating System (Seller Score)

9.1. Seller Score: Sellers receive a score based on buyer ratings.

9.2. Rating Types:

• POSITIVE rating: +2 points
• NEGATIVE rating: -10 points

9.3. Starting Score: New Sellers start with a score of 50 points.

9.4. Consequences of Low Score:

• Score below 30: Warning
• Score below 20: Selling suspended for 7 days
• Score below 10: Permanent suspension

9.5. Rating Obligation: Buyers are not obligated to leave a rating. Ratings can only be submitted for actually purchased codes.

9.6. No Deletion of Ratings: Ratings generally cannot be deleted unless they violate applicable law (e.g. defamation).

9.7. Abuse: Abuse of the rating system (e.g. fake ratings, rating purchases) leads to immediate suspension.

10. Liability and Warranty

10.1. Operator Liability:

10.1.1. The Operator is not liable for the validity, functionality, or legal permissibility of codes offered on the Platform. Liability rests solely with the Seller.

10.1.2. The Operator shall be liable without limitation for intent and gross negligence, for culpable injury to life, body or health, and under the provisions of the German Product Liability Act.

10.1.3. In case of slight negligence, the Operator shall only be liable for breach of a material contractual obligation (cardinal obligation). In such case, liability is limited to the typical, foreseeable damage.

10.2. Seller Liability:

10.2.1. The Seller is liable to the Buyer for the accuracy and validity of the code.

10.2.2. If a code is invalid, the Buyer is entitled to a refund of the purchase price from the Seller. The Buyer may report the code through the dispute system.

10.3. Dispute Process for Invalid Codes:

10.3.1. Buyers may report an invalid code within 48 hours of purchase.

10.3.2. The Operator reviews the report and, in case of a justified complaint, may:

• Refund the purchase price to the Buyer
• Penalize the Seller with -10 points (NEGATIVE rating)
• In case of repeated fraud: suspend the Seller's account

10.4. Technical Availability: The Operator strives for high availability of the Platform but does not guarantee uninterrupted or error-free operation.

11. Code Legality

11.1. Self-Responsibility: Sellers are solely responsible for ensuring that codes offered are legally resellable and do not violate the terms of code issuers (e.g. Monster Energy, Red Bull).

11.2. No Inspection Obligation: The Operator is not obligated to verify the legal permissibility of each individual code.

11.3. Suspected Violation: In case of suspected illegal codes (e.g. from theft, fraud, manipulation), the Operator reserves the right to:

• Remove codes
• Suspend accounts
• Inform authorities
• Freeze payouts

11.4. Indemnification: The Seller indemnifies the Operator against all third-party claims arising from the illegality of sold codes.

12. Data Protection

12.1. The processing of personal data is governed by our Privacy Policy, available at /legal/datenschutz.

12.2. By registering, the user consents to the processing of their data in accordance with the Privacy Policy.

13. Suspension and Termination

13.1. Ordinary Termination: Either party may terminate the user relationship at any time without notice. Termination is effected by deleting the user account.

13.2. Extraordinary Termination: The Operator may terminate the user relationship with immediate effect and suspend the account in case of:

• Violation of these Terms
• Suspected fraud or illegal activities
• Abuse of the Platform
• Seller Score below 10 points
• Repeated negative ratings

13.3. Consequences of Suspension: Upon suspension:

• All active code listings are removed
• Payouts are frozen (pending investigation)
• Account access is blocked

13.4. Balance upon Termination: Upon ordinary termination by the Seller, remaining balance will be paid out. Upon extraordinary termination due to fraud, the balance may be withheld.

14. Final Provisions

14.1. Right to Modify: The Operator reserves the right to amend these Terms with 4 weeks' notice. If the user does not object within 4 weeks of notification of changes, the amended Terms are deemed accepted.

14.2. Severability Clause: Should individual provisions of these Terms be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.

14.3. Applicable Law: The law of the Federal Republic of Germany shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods.

14.4. Jurisdiction: To the extent permitted by law, the exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Ravensburg, Germany (location of the Operator).

14.5. Language: These Terms are provided in English. In case of discrepancies, the English version shall prevail.