Terms of Service

Version 4.0 – Dated: June 01, 2026

BitBuy.Biz by Marks Software GmbH, Brock 6, D-29683 Bad Fallingbostel, Germany (hereinafter referred to as „MS“).

1. General Provisions and Scope

1.1. These Terms of Service apply to all contracts, deliveries, services and offers. They are deemed accepted at the latest upon placement of an order or acceptance of a product or service. Customer’s conflicting terms and conditions shall not become part of the contract unless MS has expressly agreed to them in writing. Side agreements and amendments require written confirmation by MS. MS is entitled to assign claims arising from the business relationship.

1.2. These Terms of Service apply to consumers and entrepreneurs, unless individual clauses expressly differentiate between the two groups.

2. Amendments to the Terms of Service

2.1. MS may amend these Terms of Service with reasonable notice. If the customer does not object within the period stated in the notice, the amendment shall be deemed accepted.

2.2. In the notice, MS shall expressly point out the legal consequence of silence.

2.3. Notifications regarding the contractual relationship may be sent to the email address provided by the customer.

3. Offer and Contract Conclusion

3.1. Offers by MS are non-binding. By placing an order, the customer makes a binding offer. The contract is concluded upon MS’s acceptance (e.g. order confirmation or delivery). MS is not obliged to accept any order.

3.2. In case of discrepancies, MS’s order confirmation shall prevail.

3.3. Obvious errors, typing and calculation mistakes are not binding for MS.

4. Service Description and Service Changes

4.1. Where necessary, MS shall prepare a specification and duty schedule together with the customer, which becomes binding for both parties. It may be adjusted by mutual agreement during the project.

4.2. If the customer changes the task in whole or in part, MS is entitled to withdraw from the contract. Costs incurred up to that point shall be borne by the customer.

4.3. If the implementation of a change request affects the contract conditions or results in additional effort, MS may demand a reasonable adjustment of the contract terms (in particular price increase or deadline adjustment).

4.4. If a cause for which MS is not responsible affects compliance with deadlines, MS may demand a reasonable postponement of the deadlines. If the cause lies within the customer’s sphere of responsibility and additional effort arises, MS may also demand compensation for the additional effort.

5. Place of Performance

5.1. The work shall only be carried out at the customer’s premises in whole or in part if this has been expressly agreed in advance and is necessary.

5.2. The customer shall appoint a responsible contact person who can make or arrange decisions. Decisions shall be recorded in writing. The contact person shall be available to MS for necessary information. MS shall inform the customer about the progress of the work upon request.

6. Customer’s Duties of Cooperation and Acceptance

6.1. The customer is obliged to support MS as necessary and to create all required conditions within its sphere of operation. Upon request, the customer shall provide a workplace and working materials free of charge in accordance with MS’s requirements if the work is to be carried out on site.

6.2. The customer shall provide all necessary information and services free of charge for familiarisation and execution.

6.3. The customer undertakes to check the contractual conformity of the product including documentation with regard to the essential functions and to declare acceptance in writing if the product is in conformity. The inspection period is two weeks after written request for acceptance, unless otherwise agreed.

6.4. The product shall be deemed accepted if, after expiry of the inspection period, usability is not significantly impaired for a further two weeks due to reported defects.

6.5. Acceptance may not be refused for minor defects. Defects are minor if the agreed function is not significantly impaired and the product remains fully functional in its basic functionality.

7. Delivery Dates and Force Majeure

7.1. Delivery dates and periods stated by MS are non-binding unless expressly agreed otherwise. Actual delivery periods depend in particular on the delivery periods of suppliers. Compliance requires the customer to provide all necessary documents and duties of cooperation completely and on time. In the event of significant exceedance of non-binding deadlines, MS shall inform the customer immediately. MS shall not be liable for delays caused by incorrect, incomplete or subsequently changed information from the customer. Any additional costs resulting from this shall be borne by the customer. MS is entitled to make partial deliveries and issue partial invoices.

7.2. Temporary delivery obstacles due to force majeure (e.g. war, terrorism, natural disasters, fire, strike, power or telecommunications failure) and other unforeseeable events for which MS is not responsible entitle MS to deliver only after the obstacle has been removed. MS shall inform the customer immediately. If the obstacle lasts longer than two weeks beyond the regular delivery periods, both parties are entitled to withdraw from the contract.

7.3. In case of delay for which MS is responsible, merchants shall only have the right to withdraw from the contract, excluding claims for damages.

8. Default of Acceptance

8.1. During the period of default of acceptance, MS is entitled to store the products at the customer’s risk and expense. Storage costs shall be charged at a flat rate of 2.5 % of the net invoice value per month (maximum however EUR 50.00). Higher proven costs may be claimed. The customer may prove lower costs.

8.2. In the event of withdrawal due to default of acceptance, MS is entitled to claim liquidated damages of 20 % of the net invoice value. The assertion of higher damages as well as proof of lower damages by the customer remains reserved.

9. Prices

9.1. Unless otherwise agreed, the prices stated in the order confirmation shall apply.

9.2. Prices are inclusive of the applicable German VAT at the time of order placement plus any additional costs shown. For deliveries to third countries, German VAT is not charged; the customer shall bear customs duties and import VAT and shall indemnify MS against any claims.

9.3. Unless otherwise agreed in writing, MS shall be bound by the prices stated in offers for 10 days.

9.4. For partial deliveries requested by the customer, the customer shall bear the resulting additional costs.

10. Payment Terms

10.1. Unless otherwise agreed in writing, invoices are due for payment within 10 days of receipt without deduction.

10.2. Payment by invoice, prepayment, PayPal, Mastercard/Visa or SEPA direct debit. Cash on collection. Deliveries abroad only against prepayment.

10.3. In case of prepayment, payment is due within two weeks after order placement. Receipt of funds by MS is decisive.

10.4. In case of SEPA direct debit, the debit is made as soon as the product is delivered.

10.5. A payment is only deemed made when MS can dispose of the amount.

10.6. The customer is not entitled to withhold payments due to incomplete delivery, warranty or liability claims. The right of retention may only be exercised for claims from the same contractual relationship. Set-off is only possible with legally established or expressly acknowledged counterclaims by MS.

11. Service and Support

11.1. Further services, support or maintenance after completion or delivery shall be provided on the basis of a separate contract or new agreement.

12. Right of Withdrawal

Important Note for Entrepreneurs (B2B):

The following right of withdrawal applies exclusively to consumers (§ 13 BGB). There is no statutory right of withdrawal for contracts with entrepreneurs.

You may revoke your contractual declaration within 14 days without stating reasons in text form (letter or email) or – if the goods have been delivered before expiry of the deadline – by returning the goods. The withdrawal period is 14 days and begins...

13. Warranty

13.1. All images used by MS on its online presence are sample images. The product description is decisive.

13.2. Drawings, illustrations, technical data etc. are only binding if expressly designated as binding by MS in text form.

13.3. MS products are only suitable for normal private or commercial use. Use in critical areas (e.g. safety systems, medical) requires an express written agreement.

13.4. Obvious defects must be reported in text form immediately after delivery.

13.5. The customer must back up data before returning goods. MS is not liable for data loss.

14. Liability

14.1. MS is liable without limitation in cases of intent, gross negligence and deceit as well as under the Product Liability Act and for personal injury. In the case of slight negligent breach of essential contractual obligations, liability is limited to the typical, foreseeable damage. Further claims are excluded.

15. Retention of Title and Licenses

15.1. The product remains the property of MS until full payment has been made.

15.2. For third-party software, the manufacturer’s license terms apply.

15.3. For MS’s own software, the provisions of the software license agreement apply.

16. Right of Use

16.1. After acceptance and full payment, the customer receives a simple, non-transferable, non-terminable right of use to the products created by MS. Further rights of use require a separate written agreement.

16.2. MS may use self-created parts elsewhere, provided that no confidentiality obligation conflicts.

17. Prohibition of Assignment

17.1. The assignment of claims against MS to third parties is excluded unless MS expressly agrees in text form.

18. Data Protection

18.1. MS processes the customer’s personal data in accordance with the GDPR. Details are regulated in the separate Privacy Policy.

18.2. If MS processes personal data on behalf of the customer, the parties shall conclude a Data Processing Agreement (DPA) if required.

19. Place of Jurisdiction

19.1. The exclusive place of jurisdiction for entrepreneurs, legal entities under public law and special public funds is Bad Fallingbostel. German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

20. Contractual Relationship for Domains, Webhosting, Shops, Servers and E-Mail

20.1. The contract for domain registration is concluded directly between the customer and the respective registry or registrar. MS acts only as an intermediary / service provider.

21. Miscellaneous

21.1. Should any provision of these Terms of Service be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose.

21.2. Side agreements and amendments must be made in writing.