General Terms and Conditions of Corporate Benefits Vouchers AG for Gift Voucher Sales to Customers from Germany 

 

  1. Scope
    1. These General Terms and Conditions (hereinafter “GTC”) shall apply to all online voucher and ticket purchases from corporate benefits Vouchers AG, Schwanengasse 3, 3011 Bern, Switzerland (hereinafter “cb Vouchers”) made by customers from Germany (hereinafter “Customer” or “Customers”). Tickets (hereinafter “Tickets”) will be solely offered for scheduled events.
    2. These General Terms and Conditions shall apply exclusively. Any conflicting or deviating provisions shall not be accepted, unless cb Vouchers has expressly agreed to those being valid. 
       
  2. Vendor and Contractual Partner
    1. Vendor and contractual partner of the Customer for the purchase of the vouchers and Tickets is:
      corporate benefits Vouchers AG, Schwanengasse 3, 3011 Bern, Switzerland 
      Phone: +41 31 301 3939 
      Email: info@cbv-ag.ch  
      Managing Director: Urs Anliker  
      Commercial Register: Canton of Bern  
      VAT-ID: CHE-278.734.891 
       
    2. The issuer of the voucher, who will redeem the voucher, is the respective designated third-party company, called the acceptance partner (hereinafter “Acceptance Partner”). 
       
    3. To use the voucher and Ticket offer, the Customer must be a registered user of a portal operated by corporate benefits Germany GmbH of Berlin, Germany (hereinafter “cb Benefits”). For the use of the portal, the terms and conditions of cb benefits apply, which can be accessed here: https://deu.vouchers-at-work.com/en/terms-of-service/. With respect to universal vouchers, the Customer must either have participated in a loyalty programme and purchased a universal voucher or the Customer must have been received a universal voucher by a third person. Redemption can be made at the website https://deu.giftcardsforyou.com/en/. 
       
  3. Closing and Saving the Contract, Payment, as well as Provisions on the Voucher
    1. Conclusion of Contract and Payment
      1. The display of the voucher and Ticket offers in the online shop is not a binding offer to the  Customer, but merely represents an online sales brochure. 
      2. The Customer can correct his/her input at any time prior to sending the binding order by using the  proofing tools provided and explained for this purpose where relevant during the ordering process.
      3. Submission of the order (of the online order form) by the Customer by way of clicking on the button “Buy now” at the end of the order process constitutes a binding offer by the Customer to cb Vouchers for entering into a contract with respect to the purchase of the selected vouchers or Tickets at the conditions presented on the order page. Please take knowledge and be aware of possible conditions and restrictions on redeeming the voucher, which are communicated during the ordering process and are solely defined by the Acceptance Partner. Neither the whole voucher, nor any part of its value (remaining credit) can be redeemed for cash.  
      4. cb Vouchers shall confirm receipt of the Customer’s order via e-mail. Such a message does not constitute an acceptance of the order.  
      5. The purchase price for the voucher or Ticket is due immediately upon order. The acceptance of the order takes place by way of receiving the Customer's payment, which is to be made by the Customer right after placing his/her order. With cb Vouchers accepting the order, the contract is concluded.  
      6. The payment methods offered will be specified during the ordering process. cb Vouchers reserves  the right to offer only one payment method, e.g. credit card. The provisions stated and the payment service provider's data privacy policy will apply. 
      7. The Customer has the option of purchasing the vouchers by means of a universal voucher, which can be redeemed for a variety of services and goods. The conditions for redeeming the universal voucher are attached at the end of these GTC. Payment can also be made by combining the remaining amount of the universal voucher and another payment method.
         
    2. Provisions Regarding the Voucher including a contractual Penalty  
      1. Under applicable law, the electronic voucher is not regarded as digital content. Hence, no duty to  update digital content exists.  
      2. vouchers can be purchased with a maximum value of EUR 2,500 per Customer per day.  
      3. Furthermore, the vouchers are exclusively designed for buyers who use them as consumers within the meaning of Section 13 of the German Civil Code (BGB). Any use for commercial purposes, including but not limited to the commercial resale of the vouchers, is prohibited. cb Vouchers points out that violations of these restrictions may lead to claims for damages, including, but not limited to, claims by the Acceptance Partners. 
      4. In the event of a culpable breach of the provision in section 3.2.3, sentence 2, the Customer is obliged to pay cb Vouchers a contractual penalty of EUR 500.00 per breach, but not more than EUR 5,000.00 in total. Further claims for damages by cb Vouchers shall remain unaffected by this, although the contractual penalty shall be offset against any claims for damages by cb Vouchers. 
      5. cb Vouchers reserves the right to block a voucher code in case there are reasonable indications of misuse of the voucher. This shall include, but not be limited to redeeming the voucher multiple times, as well as a violation of section 3.2.3 of these GTC, constitute misuses. In this respect, cb Vouchers also reserves the right to take criminal legal action.  
      6. The voucher will also be blocked if the Customer's payment is cancelled by the payment service provider. Costs and damages resulting from this are to be borne by the Customer, insofar as these are not demonstrably based on Cb Voucher’s fault. Furthermore, the claim for payment as well as a claim for reimbursement of expenses and/or damages incurred due to the delayed payment shall persist in the event that the voucher has already been redeemed.  
         
    3. Saving the Contract Text 
      1. The contract text (the order) of any Customer is recorded by cb Vouchers. The Customer will also  receive an email confirmation of his/her order, which contains all contractual provisions.  
      2. The Customer can access these General Terms and Conditions in their current version at any time under the following link: https://deu.vouchers-at-work.com/en/terms-of-service/. Outdated versions are not kept there.  
         
  4. Delivery and Specific Obligations of the Customer
    1. The vouchers are delivered in the form of voucher codes transmitted via e-mail, also Tickets will solely be transmitted via email. The voucher code is provided either directly in the email or via a download link. The discount on the purchase price of the voucher in relation to its redemption value is granted by assuming that the full value of the voucher is redeemed.  
    2. The Customer is obligated to protect voucher codes provided to him/her from unauthorised access. The Customer is also obliged to inform cb Vouchers immediately if the voucher code has been lost or the Customer is aware that a third party has gained unauthorised knowledge of the voucher code, unless the Customer no longer wants to redeem the voucher. 
    3. Issuers and debtors of the vouchers are the respective Acceptance Partners with who will redeem the vouchers. For the redemption of the voucher, Customers enter into a separate contractual relationship with the Acceptance Partner by placing their order and accepting  the Acceptance Partner's contractual terms and conditions. With respect to Tickets, the respective organiser is owing the services. If the event should be cancelled or if there should be a fault in performance, the Customer’s claims are limited to those against the organiser named on the ticket. 
       
  5. Instructions on Withdrawal
    If the Customer is a consumer (i.e. a natural person who concludes a legal transaction for purposes that can be predominantly attributed neither to his/her commercial nor to his/her independent professional activity), the Customer is entitled to a right for withdrawal in accordance with the following provisions: 
     
    1. Right of withdrawal for the purchase of vouchers 

      Right of Withdrawal  
      You have the right to withdraw from this contract within fourteen days without giving reasons. The withdrawal period will expire after fourteen days from the day on which you or a third party other than the carrier and indicated by you acquires physical possession of the last goods, i.e. the voucher – in the case of a contract relating to a delivery of goods in several partial deliveries, the last partial delivery of a voucher. 

      To exercise your right of withdrawal, you must inform us (corporate benefits Vouchers AG, Schwanengasse 3, 3011 Bern, Switzerland, Phone: +41 31 301 3939, E-Mail: info@cbv-ag.ch) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax, or email). You can use the attached model withdraw form, but this is not obligatory.  

      To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.   

      Effects of withdrawal  
      If you withdraw from this contract, we shall reimburse to you for all payments received from you, including costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to with draw from this contract. We will carry out such reimbursement use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged fees for this refund.  

      We may refuse to refund until we have received the vouchers back or until you have provided proof that you have returned the vouchers and that the voucher can still be redeemed in full, whichever comes earlier. You must return or hand over the vouchers to us immediately, and in any case no later than fourteen days from the day you notify us of the revocation of this contract. The deadline is met if you send off the voucher before the period of fourteen days has expired.  

      You will bear the cost of returning the voucher. You will have to compensate us for any loss in value of the vouchers only to the extent that this loss in value is due to actions on your part that are not necessary to establish the nature, properties, and functionality of the vouchers. 
       
    2. Model withdrawal form 
      If you wish to withdraw from the contract, you can use the model withdrawal from attached to these General Terms and Conditions. 
       
  6. General Conditions for Returning the Voucher in the event of Revocation
    1. Purchased Voucher not redeemed
      If you have not redeemed the voucher yet, the following provisions apply:
       
      1. If you have paid for the voucher with a universal voucher, you will receive a new code for your universal voucher after withdrawal on time, successful verification of the validity of the voucher and successful blocking of the purchased voucher. You can still redeem it within the original limitation period. The originally purchased voucher will be blocked. If you have purchased the voucher with a universal voucher and by payment with another payment method, you will receive a new code for the universal voucher with the partial amount used for the voucher purchase after withdrawal on time, successful verification of the validity of the voucher and after successful blocking of the purchased voucher, and the other remaining amount will be credited to your payment method initially used. 
      2. If the voucher is purchased without a universal voucher, the amount will be credited back to your payment method after withdrawal on time, successful verification of the validity of the voucher and successful blocking of the purchased voucher. 
         
    2. Purchased voucher redeemed (including partial redemption) 
      If you have redeemed the voucher purchased from cb Vouchers in part or in full, the following applies: 
       
      1. Once the voucher purchased from cb Vouchers has been fully redeemed, it cannot be returned to cb Vouchers. In such cases, the Customer should contact the Acceptance Partner.
      2.  Even in the case of partial redemption, it is no longer possible to return the voucher to cb Vouchers due to the difference between the purchase price paid for the voucher and its redemption value. 
         
  7. Warranty and Liability
    1. The warranty shall be governed by the statutory provisions.
    2. cb Vouchers shall be liable for intent and gross negligence in accordance with the statutory provisions. In the event of slight negligence, cb Vouchers shall only be liable if an essential contractual obligation has been violated. Essential contractual obligations are defined as those obligations which the contract is intended to impose on cb Vouchers according to its meaning and purpose, or which need to be fulfilled by cb Vouchers for the proper performance of the contract, and where the Customer can and may regularly rely on those being complied with.  
    3. For damage caused by slight negligence, cb Vouchers shall only be liable to a limited extent for typical and/or foreseeable damage at the time of conclusion of the contract. Liability for injury to life, limb or health remains unaffected, as does liability irrespective of fault under the law, e.g. under the German Product Liability Act.  
    4. cb Vouchers is not liable for the legal transaction initiated to redeem the voucher and all occurrences in that respect. The same shall apply with respect to the performance of the event belonging to the Tickets.
    5. Insofar as the liability of cb Vouchers is excluded or limited, this shall also apply to the personal liability of its employees, legal representatives, and vicarious agents. All limitations of liability shall furthermore apply to all legal (including tortious) and contractual claims resulting from the purchase of the voucher or Ticket. 
       
  8. Participation in Dispute Resolution Procedures and Information on Online Dispute Resolution
    The European Commission’s Online Dispute Resolution (ODR) platform can be accessed via the following link: https://webgate.ec.europa.eu/odr. However, cb Vouchers is not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board. Nonetheless, cb Vouchers will use its best efforts to resolve any dispute swiftly and thus avoid any legal action. 
     
  9. Final Provisions
    1. The languages available for the conclusion of the contract are German and English.
    2. German law will apply to the exclusion of UN sales law, even if the Customer has his/her place of residence or company headquarters abroad. This choice of law applies to consumers only insofar as this does not deprive them of the protection granted to consumers by the mandatory provisions of the country in which the consumer has his/her usual place of residence, i.e. provisions that cannot be altered by agreement. 

 

Appendix:

Model withdrawal form  
(If you wish to withdraw from the contract, please fill in and return this form.) 


To [name, address and, where appropriate, fax number and e-mail address of the company to be inserted by the company]: 


____________________________________________


I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*) 


____________________________________________


Ordered on (*)/Received on (*)  


____________________________________________


Name of the Customer(s) 


____________________________________________


Address of the Customer(s) 


____________________________________________


Signature of the Customer(s) (only for notifications sent by post or fax)  


____________________________________________


Date    


____________________________________________

(*) Please delete if not applicable. 

 

 

CONDITIONS ON REDEMPTION FOR THE CB VOUCHERS UNIVERSAL VOUCHER 

  1. The provider and issuer of the universal voucher is corporate benefits Vouchers AG, Schwanengasse 3, 3011 Bern, Switzerland (hereinafter referred to as “cb Vouchers”). 
  2. The Universal Voucher can be redeemed by entering the code on the websites indicated on the respective voucher.
  3. On the websites indicated, the voucher holder has the option of exchanging the universal voucher in the amount of the stated value for a voucher from one of the Acceptance Partners listed there (hereinafter referred to as “Acceptance Partners”). He/she can purchase a single voucher or shell out the balance of the universal voucher on several vouchers of the Acceptance Partners. The possible amount of the voucher from the Acceptance Partner as well as its availability is indicated on the specified website for the respective voucher. 
  4. For redeeming the vouchers for goods and/or services of the Acceptance Partners, the conditions specified for the voucher on the respective website apply. 
  5. If the remaining credit is not sufficient, additional payments can be made using the specified payment methods. 
  6. The universal voucher does not confer any right to cash payment. A remaining credit will also not be subject to refund.
  7. It is not possible to return the universal voucher after it has been redeemed, even only partially. Reference is made to the conditions for the purchase of vouchers with the universal voucher in accordance with section 6 of the voucher GTC. 
  8. The Acceptance Partners displayed on the websites specified for redemption may vary with each new visit of the website. 
  9. The limitation period for the universal voucher is 3 years to the end of the year in which the universal voucher was issued by cb Vouchers. 
  10. The universal vouchers are exclusively for individuals who redeem them as consumers within the meaning of § 13 BGB. The use for commercial purposes, including but not limited to the commercial resale of the universal vouchers, is prohibited. cb Vouchers points out that violations of these restrictions may also lead to claims for damages on the part of the Acceptance Partners. 
  11. cb Vouchers reserves the right to block a universal voucher code if there are reasonable indications of misuse of the universal voucher. This shall include, but not be limited to the attempt to redeem the universal voucher several times as well as a violation of section 10 of these redemption conditions. cb Vouchers also reserves the right to take criminal action in this respect. 
  12. Universal voucher codes must be protected against unauthorised access. The voucher holder must contact cb Vouchers immediately if the universal voucher code has been lost or a third party has gained unauthorised knowledge of the universal voucher code.