Terms and conditions

Before you start using the Hbay.eu service, a service of the Admania Internet GmbH (hereinafter referred to as the Broker, Hbay.eu. Hbay or We), carefully read the terms of this Agreement, the terms of use of the Hbay.eu website, and the policy for processing your personal data set out in this document (hereinafter referred to as the Agreement).

This document sets out the terms of the offer to the public (the offer) from the Admania Internet GmbH, drawn up in accordance with the laws of Germany under company registration in Moenchengladbach, Germany with following data: Admania Internet GmbH, Langmaar 7, 41238 Moenchengladbach, Germany [commercial register: Moenchengladbach | HRB 6639 CEO: | Ralph Stroinski] (hereinafter referred to as the Broker, Hbay.eu, Hbay, We), that any person using Hbay (hereinafter referred to as You, Your, Yours, the Customer) may enter into an agreement on the terms specified in the Agreement.

By registering with Hbay.eu, You agree to the terms of the Agreement. This Agreement comes into effect after You complete the Hbay registration procedure, namely, after You press the Register button on the registration page (offer acceptance), but latest with using Hbay.eu in any particular action on the Hbay.eu website.

Among other things, the Agreement determines which of Your personal data We use and how they are processed. We understand that confidentiality is the priority for the personal data of each Customer. The Agreement describes Your personal data rights, as well as what we do to observe these rights.

We have tried to make the Agreement accessible, concise, and clear for You. If anything in the Agreement appears to You to be incomprehensible, please contact us, and we shall provide You with all the necessary explanations.

As long as we do not publish any dissenting information, Hbay.eu is BETA Stadium. That means you can use this site without any liability by the operator and only at your own risk and responsibility. This applies especially to all hardware and software used to operate Hbay.eu but also to third party systems used by Hbay to operate this service and website on Hbay.eu. The above limitation of liability also applies in particular for losses which can be attributed to the fact of a normal use of the Hbay service.

1. General provisions

• 1.1
  The Hbay.eu is an Internet service that allows its Customers to reclaim some of their money spent on purchases made on the Advertisers’ websites after using the Hbay.eu website (this money is hereinafter referred to as the Cashback), as well as to receive informational and advertising notifications about discounts, promos, and special offers of the Service and Advertisers (the Advertiser is any person or business entity that has placed information about its products or services offered for sale to Customers on the Hbay.eu website).

• 1.2
  In order for the cashback to be credited to You, You need to go to the chosen Advertiser’s website using the Hbay link and make a purchase there, in compliance with the terms indicated on the Hbay website, as well as on the website (web page) of the respective Advertiser. If the purchase is made in compliance with all the above terms, as well as the other necessary conditions stipulated by this Agreement, and no return of the product (or refusal of the service) was made, the Advertiser pays, either personally or through the affiliated network used, to the Company or any of its affiliated persons a commission: a pre-agreed cash reward that the Advertiser pays for an attracted buyer who has made an order in accordance with the terms of this Agreement (hereinafter referred to as the Commission or Service fee). After receiving the Commission, Hbay will not give you a pre-defined cashback.
  Hbay will deduct a broker fee and then Hbay credits the remaining value (minus tax) as cashback to the Customer. If the broker fee is equal or smaller to 10% we will not write it seperatly on the Advertiser page on the Hbay site. Otherwise Hbay will make the Commission amount of an Advertiser public on the Advertiser page on the Hbay site as well as how many broker fee is deducted. Hbay will always forward the real share of the payed commission. The affiliate and referer commissions are deducted from the broker fee and will not be deducted from the cashback of the Customer. The cashback process will take on average between 30 to 60 days with 90% of the Advertisers, but can differ from that. The estimated cashback amount, the estimated time to cashback, the fix broker and/or service fee and all other estimated informations are public with the Advertiser page hosted on the Hbay website. The cashback will be stored as cashback points „BACKS“ (symbol: \\) in your wallet on Hbay. If no other information is published 1 BACK equals 1 Euro-Cent. Or: \\100,- = € 1,- (spoken: hundred Backs are one Euro)
  Farther their can be different rules on how the Advertiser is granting the cashback. For example click the link and buy everything within the active browser session. Or setting a cookie with a pre-defined time period, but adding the good within the first session to the cart. (and many more rules)
  Those special rules will be published to the best of our knowledge within the Advertiser page on the Hbay site.
  The primary rule on cashback is:
  If we receive something from the advertiser, you will receive the promised participation, which represents the main sum as a percentage and just deducted by our small broker fee.

• 1.3
  If the Advertiser does not provide information about the purchases made by the Customer, or Hbay does not receive the Commission, Hbay, in turn, is entitled not to credit the cashback to the Customer until it obtains this information or the Commission, and is not liable to the Customer for the non-credited cashback in this case.
  In 99,9% the reason is a browser error, miss-/wrong using of any system, an old or wrong cookie, maleware, a virus or an ad filter on the Costumer site. We will always keep track of those reports and if needed Hbay will shut out Advertisers, who are tricking our service or our Customers.

2. How to become a customer

• 2.1
  In order to become a Customer of Hbay and make use of it, the Customer must go through the registration procedure on the Hbay website and accept the terms of this Agreement. Registration is required to create the Customer account and its associated internal account, which will take into account the available cashback for the purchases made using Hbay.eu.

• 2.2
  Only adults, or minors acting through the person of their legal representatives, are entitled to register and become Customers.

By registering, the Customer expresses his/her consent to the rules of this Agreement and guarantees that he/she is an adult or other person acting through the person of his/her/its legal representatives in full compliance with the legislation of the state of citizenship of the relevant Customer.

• 2.3
  A single person may only have a single account; otherwise, Hbay reserves the right to block and delete duplicate accounts.

• 2.4
  Hbay recommends not disclosing or transferring to other people the login and password of Your account and not saving them to other computers, phones, or tablets. In any event, Hbay is not liable for any damage caused to the Customer in connexion with these circumstances.

• 2.5
  Should a Customer of the Hbay violate the terms of this Agreement, the rights of third parties, or pose a threat to the operation of the service, Hbay reserves the right to block the account of the Customer, subsequently delete it, and terminate the Agreement with the Customer unilaterally, under an extrajudicial procedure, through notification to the email address specified by the Customer when registering with Hbay.eu or when subsequently using it.

• 2.6
  Hbay is entitled to make functional changes to the service operation, change the rules of the cashback crediting, as well as supplement and modify this Agreement. By accepting the terms of this Agreement, You acknowledge and agree that further use of Hbay by the Customer means that he/she/it has accepted such changes.

• 2.7
  If for any reason the Customer changes his/her/its email address or other data specified when registering, the Customer undertakes to change them in his/her/its account with Hbay.eu as well. Otherwise, there may problems in using the website or service, for which Hbay will not be liable.

3. Receiving a refunding of the sum (cashback)

• 3.1
  If the Hbay Customer has made a purchase in compliance with all the terms of Hbay.eu and the Advertiser, and the Commission has been transferred from the Advertiser to Hbay in a pre-agreed amount, the cashback share is automatically credited to the Customer’s points on the website. When the amount reaches a point of minimum allowed to withdraw specified on the Hbay.eu website, the Customer is entitled to withdraw this amount using any convenient payment method,cryptopayment or the equal of points in goods offered to the customer. The choice of the method is always up to Hbay, as well as being able to adapt this to new circumstances at any time.

• 3.2
  Hbay is not giving or creating cashback rates. We are not a service who is intend to earn money with the cashback or its provision. We are a broker service. We are trying to reach the highest level of transparency and informations for our Customers and in the same row we are trying to reach the highest possible cashback rates.
  We will always publish the full provision rate of an Advertiser to the best of our knowledge and belief.
  The Advertiser has the right to change those rates without any informations given to us.
  Therefore, we do not guarantee the published commission rates on Hbay.eu. However, after the deduction of the brokerage fee, we guarantee a 100% payment of the sum paid from the Advertiser. „We are the first social Cashback-Sharing project in the world!“
  There is no need of a paid membership, a higher user ranking/level or of buying more products to reach a higher cashback → All Customers get the full possible cashback amount! Fair, like it should be!

• 3.3
  Cashback is accrued for a purchase made only if the purchase is actually completed and payment is made. Hbay recommends that its Customers save the information and the documents confirming that they have paid for the product on the website of the online store (email or screenshot of the payment page).

• 3.4
  To avoid non-crediting/rejection of cashback, it is prohibited to make numerous purchases in a short period of time from stores with a fixed cashback rate. Such actions may be perceived as fraudulent, which may entail the user being blocked. We draw Your attention to the fact that there are various situations in which the Advertiser is unable correctly to identify the order made and pay the Commission. The reasons could be computer malware or additional extensions installed in the browser. In such cases, Hbay will not be responsible for the non-crediting of the cashback. (the most know case is a browser tool bar or browser integrated search by 3rd party or other cashback projects who are forcing their cookies to be used)

• 3.5
  Hbay.eu provides and guarantees the payments only in those currencies and in the ways specified on the site. If not written it will be Euro. The Company is not liable for the inability to receive cashback in currencies other than those specified on the site. The Company is not liable and does not compensate any additional expenses, incl. conversion rates that could be charged when withdrawing a cashback to the account opened in a currency other than selected on the site. Hbay is always allowed to deduct a payment fee for a withdrawal to registered Costumers, but will always offer an option without any fee or deduction of the payout to its verified, ranked and registered members.

4. Receiving bonuses and other rewards (can be suspended or restricted at any time without giving reasons)

• 4.1 Referral / Affiliate program (coming soon)

• • 4.1.1
    Hbay.eu gives its Customers the opportunity to invite their friends and other persons to Hbay.eu and make money/points on their purchases. The Customer can generate a special URL link on the Referral Program page of the Hbay website.
    The referer provision will be stored as referer points „REFS“ (symbol: ##) in your wallet or as the known „BACKS“ on Hbay. If no other information is published 1 REF is 1 BACK. Or: \\100 = ## 100 (spoken: hundred Backs are hundred Refs) and their is no exchange fee to convert Refs to Backs and you can use them as full cashback, too.
    A person who will register the first time on Hbay.eu with Your special URL will be Your Referral Level 1 and grants you a 20% provision from the broker fee for 2 (two) years;
    A person who will register the first time with the special URL from your Referral (Level1) will be your Referral Level 2 and grants you a 10% provision from the broker fee for 2 (two) years;
    except for the cases directly indicated on the web page of the referral program of Hbay.eu and published at a permanent URL link on the Internet: https://hbay.eu/affiliate-overview. For the avoidance of doubt, the specific exceptions, conditions, and limitations of the referral programme basic terms and conditions, published from time to time at https://hbay.eu/affiliate-overview, are an integral part of the conditions for the application of the rules of the Hbay referral program specified in this Agreement.

• • 4.1.2
    Hbay provides its Customers with the possibility to generate, subject to the conditions specified (hereinafter in this paragraph), on the Referral Program page of the Hbay website special URL links to certain products or services of the Advertisers and stores of the Advertisers represented on Hbay.eu (hereinafter referred to as the Cashback Link), and earn cashback on purchases made by any person who has followed the cashback link. The Customer will be credited 100% of the amount of cashback that each of those who have followed the cashback link and made a purchase could have got if such a purchase had been made by the Hbay Customer at the standard cashback rate for the respective Advertiser’s store, excluding any bonuses, promos, and other grounds for boosting cashback. At the same time, specific exceptions, conditions, and limitations for the specified conditions of the referral program may be drawn up from time to time by Hbay, provided that they are published at a permanent URL https://hbay.eu/affiliate-overview. For the avoidance of doubt, the exceptions, conditions, and limitations of the referral programme published at URL https://hbay.eu/affiliate-overview are an integral part of the terms of application of the rules of the Hbay referral programme specified in this Agreement.

The conditions for generating cashback links are as follows:

• • (a)
    You can create a cashback link only in relation to certain products or services of our Advertisers and/or the Advertisers’ stores.

• • (b)
    You can create a cashback link for any page of an Advertiser’s store website, whether it is a product or a service, a store section, or the main page.

• • (c)
    You can create an unlimited number of cashback links for one product/store page.

• • (d)
    The cashback link is valid for 12 (twelve) months. If the respective Advertiser terminates his/her cooperation with Hbay, the cashback link is no longer active and will cease to operate as a referral link.

• • (e)
    In order for the cashback for following the cashback link to be credited to You, Your referral must purchase a product or a service during 1 (one) browser session after following Your cashback link, as well as comply with all other terms and conditions stipulated in paragraph 1.2 ToS.

• • (f)
    Cashback is subject to accrual only after the order has been confirmed by the Advertiser’s store. If Your referral cancels the order, cashback will not be credited to You.

• • 4.1.3
    NB The above conditions of the referral programme will apply only upon condition that the Customer has not violated one or more of the provisions specified below:

• • (g)
    It is forbidden to create referral partners individually, to create a referral network in order to obtain a greater reward. If a fake referral network is detected, all its users will be blocked without the possibility of further withdrawal of the cashback and the restoration of their accounts.

• • (h)
    Our Customers are forbidden to send junk in the context of a referral programme. It is strictly forbidden to send junk (in private messages on social media, to groups and communities of partner stores, by mailing, etc.) to attract referrals. If a Customer wishes to report cases of using our referral programme to send junk, he/she can do so in the Help section, and Hbay will take appropriate measures.

• • (i)
    It is forbidden to use contextual advertising to attract referrals.

• • (j)
    It is strictly forbidden to create any mobile applications, extensions, and social media groups on behalf of the Hbay.eu and using the Hbay logo or any pictures or images of Hbay. This also applies to pulling up pages from the Hbay website inside applications.

• • (k)
    It is strictly forbidden to use the brand name of Hbay and partner stores in the domain names of websites created to attract traffic and referrals under the referral programs.

• • 4.1.4
    The violation by the Customer of any provisions of paragraphs 4.1.3(a) – 4.1.3(e) entails the blocking of the Customer without the possibility of withdrawing funds and the termination of the Agreement by Hbay unilaterally, under an extrajudicial procedure.

• • 4.1.5
    Hbay reserves the right to unilaterally change the conditions of the referral programme or terminate its operation at any time.

• 4.2 Ranking System

• 4.2.1
  Hbay distributes various reward points that are not related to the cashback (\\ BACK) or affiliate (## REF) point system. These points are also called community points and can have different subnames.

• 4.2.2
  These community points are assigned for activities on the Hbay website, e.g. for specific sales on the advertiser’s site, but also for submitting value on hbay like reviews, posts, notifications about potential new partners or about special offers and actions from Advertisers that we would otherwise have missed, as well as for reporting errors, gaps and bugs. In the end, added value was created for all registered users and this will be honored by Hbay.

• 4.2.3
  Community points will grant you several advantages, but never on the amount you will get as bonus. This would conflict with our own terms and the primary idea of this project to be a social cashback system. But some sources are limited and if those limited sources are getting short, the higher rankings will be first to be served in a queue.

• 4.2.4
  Community points are a feature within the software. Community points can be changed at every time without any information by Hbay. At no time is there a legal claim for any Community points.

5. The withdrawal of the cashback credited

• 5.1
  The withdrawal of the cashback credited from the Customer’s internal account in Hbay is carried out by any method convenient to the Customer offered by Hbay.eu. To withdraw the cashback, You must meet the following conditions:

• • 5.1.1
    The amount of cashback paid must not be less than the minimum amount specified at https://hbay.eu/affiliate-overview page.

• • 5.1.2
    You must make a request for withdrawal by indicating the amount, method of withdrawal, and other necessary data, including Your personal data, required to effect the payment of the cashback according to the rules of the chosen payment system (see our Privacy Policy).

• • 5.1.3
    You must specify only real, reliable, accurate, and registered data.

• 5.2
  Hbay will notify You about the withdrawal of the cashback in a message via the communication channel You have chosen in the relevant section of Your personal account or by emailing to the address You provided on registration or in the course of using Hbay.eu.

• 5.3
  After the request is confirmed and Hbay is commissioned to pay the cashback:

• • 5.3.1
    The obligation of Hbay to pay out the cashback indicated in the request is considered fulfilled.

• • 5.3.2
    Hbay is not responsible for what happens to the cash thereinafter.

• 5.4
  Hbay may use the services and software solutions provided by third parties to effect payments of cashback.

• 5.5
  Hbay reserves the right to unilaterally change the withdrawal conditions at any time while notifying its Customers.

6. Authority and responsibility

• 6.1
  Hbay does not sell any products or services, except in the category „Shop“, but is an advertising platform for Advertisers to place information about their products or services. The Hbay „Shop“ has an own basket, checkout, different payments options, extended rules and will not forward to any third party website.

• 6.2
  Hbay will not be responsible for the quality of the products or services provided by the Advertisers. All claims relating to the quality of the products or services of the Advertisers will be sent directly to the person who has sold the corresponding product or provided the corresponding service.

• 6.3
  Hbay is not liable for any modification or termination of the activity of the Advertisers, presented on the Hbay website, as well as for any influence they may have on the cashback accrual in connexion with such changes. Hbay is not liable for any change to or termination of any special offers, promotional codes, and coupons on the Advertisers’ websites.

• 6.4
  Hbay is not liable for the quality of the channels of public communication networks through which access is provided to Hbay or the Advertiser’s website (services).

• 6.5
  Hbay is responsible for the non-fulfilment or improper fulfilment of the obligations assumed to credit the cashback in accordance with the applicable law, the liability of Hbay being limited to the amount of actual damage to the Customer caused by its deliberate actions.

• 6.6
  Hbay reserves the right to block or delete the account of the Customer if it has not been used to make purchases for 1 (one) year from the date of making the last purchase through the Hbay website or from the moment of registration (whichever is the more recent). The Customer will receive notification of the potential deletion of his/her account by email as well as in the personal account of the Customer. In case of deletion, all cashback accumulated in the Customer’s internal account is cancelled

7. Intellectual property

• 7.1
  By registering at Hbay.eu or using any other components of Hbay, the Customer acknowledges that Hbay owns the entire content of the Hbay.eu website and related mobile applications. The signs, logos, trademarks of Hbay, the trademarks and commercial designations of the Advertisers, as well as other data, the results of intellectual activity, and means of individualisation, published and available on the Hbay website, are the intellectual property of their respective owners and are protected by applicable law.

• 7.2
  No one has the right to copy, distribute, publicly display, or create derivatives of the Hbay website, or use any materials owned by the Company without obtaining prior permission from Hbay.

• 7.3
  Using the services of Hbay or any other materials owned by Hbay, the Customer agrees to comply with all additional instructions of Hbay for the protection of copyrights, trademarks, and other intellectual property reflected on the website and mobile applications of Hbay, as well as all other instructions and restrictions.

8. The transfer of rights and obligations

• 8.1
  Hbay reserves the right to transfer its rights and obligations under this Agreement in full or in part to any individual or legal entity without the need to obtain the Customer’s consent to this transfer.

• 8.2
  The Customer is not entitled to unilaterally transfer his/her rights and obligations to third parties without the prior written consent of the authorised representative of Hbay.

9. Breach of the customer agreement

• 9.1
  Hbay reserves the right to reject unilaterally, at its sole discretion, cashback crediting and to suspend or completely terminate the access of any Customer to Hbay services if the Customer has breached the terms of this Agreement or by violating any law of the EU or Germany.

• 9.2
  A breach of the terms of the Agreement, among others, is incurred by:

• • 9.2.1
    Receiving a message from the Advertiser about cases when the amount of cashback to be credited to the Customer is larger than the actual amount of payment for the order.

• • 9.2.2
    Frequent orders for large amounts (the frequency and amount depend on the Advertiser’s store).

• • 9.2.3
    Completion of an order with cashback by an employee of the Advertiser’s store.

• • 9.2.4
    Registration of several accounts with the store, in order to receive cashback at the rate of a new user.

• • 9.2.5
    Forgery of screenshots and cheques.

• • 9.2.6
    Declination of the commission for the order by the Advertiser’s store.

• • 9.2.7
    Other complaints of fraud received from the Advertiser’s store.

• • 9.2.8
    Any official message or report about abuse or missbehavior by any federal, human or social authority of any country in the world.

• 9.3
  Any attempt at fraud or deceit on the part of the Customer entails the blocking or deletion of his/her account. All accumulated cashback at the time of the deletion of the account, if any, will pass to Hbay.

• 9.4
  If the Customer has suspects fraud, he/she can report it to Hbay via contact form, email, any other technical communication offered on the site or by postal letter to our address in the imprint. The Customer’s complaint will be reviewed by the relevant service, and appropriate measures will be taken by the Hbay staff.

10. Malfunction of the service

• 10.1
  Hbay admit the probability of the malfunction of Hbay related to technical problems or intentional actions of third parties. In the event of such occurrences, Hbay will not be liable for cashback non-crediting and other non-performance or improper performance of its obligations under the Agreement. Hbay reserves the right to suspend Hbay.eu and its components until the threats or errors are eliminated. In all cases of Hbay malfunction, requests for refunding will not be considered.

• 10.2
  Hbay reserves the right to cancel transactions made during a malfunction if there are objective reasons to do so or there are suspicions of possible fraud or error.

• 10.3
  Hbay will take all reasonable efforts to eliminate the operative bugs within a reasonable time.

11. The validity and duration of this agreement

• 11.1
  This Agreement is considered to be entered into upon completion of the Customer’s registration (the Customer’s acceptance of the offer) and is valid until the Customer’s account is deleted.

• 11.2
  This Agreement and Hbay´s relationship with the Customers of Hbay in connexion with this Agreement is governed by the law of Germany to the extent permitted by the rules on national conflict applicable to the parties to this Agreement.

12. Contacts

You can contact us or send Your questions via contact form, email, any other technical communication offered on the site or by postal letter to our address in the imprint

Hbay.de since 1999
Hbay.eu since 2005
Admania Internet GmbH since 2001

Admania Internet GmbH, Langmaar 7, 41238 Mönchengladbach (Moenchengladbach), Germany
Commercial register: Moenchengladbach | HRB 6639 | CEO: Ralph Stroinski
Registered at the local commercial office since 2001