Terms of Service

Part A: General part

1. PREAMBLE

   1. The Wunschgutschein GmbH, Bahnhofstraße 43, 59929 Brilon, represented by the managing directors Verena Argauer, Valentin Schütt offers on the website operated by them www.wishcard.ch (“WISHCARD website”) offers the sale and redemption of vouchers (“WISHCARD”) in accordance with these terms and conditions (“WISHCARD terms and conditions”).

2. SCOPE

   1. With the acquisition of a transferable WISHCARD, a claim to redemption against vouchers from our redeeming partners is established, whereby the nominal value of the WISHCARD corresponds to the nominal value of the voucher of a redeeming partner.
   2. Ordering and redemption of WISHCARDS take place exclusively in accordance with the present WISHCARD terms and conditions. General terms and conditions contradicting or deviating from these terms and conditions do not apply.

3. OUR REDEEM PARTNERS

   1. You can find our redeeming partners with whom WISHCARDS can currently be redeemed at www.wishcard.ch.
   2. We are not obliged to work with a specific redeeming partner on a permanent basis. If a previous redeeming partner leaves the cooperation system, WISHCARDS can no longer be redeemed for vouchers from the redeemed partners who have left the partnership. This also applies in the event that a redeeming partner was advertised as a redeeming partner when purchasing the WISHCARD on the WISHCARD website or in stores.

4. LIABILITY

   1. We are liable for intent and gross negligence as well as for every culpable breach of an essential contractual obligation (the term essential contractual obligation abstractly denotes such an obligation, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the respective other party can regularly rely) , in the event of delay and impossibility. Liability according to this section 4.1 is limited to the amount of typically foreseeable damage in the case of financial and property damage.
   2. The aforementioned limitations of liability do not apply in cases of mandatory statutory liability, in particular in accordance with the Product Liability Act, when a guarantee is given, and in the event of culpable injury to life, limb and health.
   3. Please keep your WISHCARD in a safe place and avoid unauthorized third parties from gaining knowledge of your WISHCARD code, as the loss of your WISHCARD or unauthorized redemption equates to the loss of cash. We assume no liability for loss, theft or illegibility of WISHCARDS for which we are not responsible.

5. ON BILL

   Offsetting by the customer with counterclaims is only permitted in the case of undisputed or legally established claims.

6. JURISDICTION AND CHOICE OF LAW

   1. The place of jurisdiction for all legal disputes in the relationship between Wunschgutschein GmbH and the customer is Arnsberg, insofar as the customer is a businessman or a legal entity under public law. German law applies exclusively to the exclusion of the UN sales law.

7. CHANGES IN THE TERMS AND CONDITIONS

   We reserve the right to make changes to the WISHCARD website and the WISHCARD terms and conditions at any time. The WISHCARD terms and conditions, which are in force at the time of your order, apply to your order and redemption of WISHCARDS.

8. CONTRACT TEXT STORAGE

   We save the text of the contract, send you the order data and our terms and conditions by email. You can also view the terms and conditions here on this page at any time. For security reasons, your past orders are no longer accessible via the Internet.

9. SEVERABILITY CLAUSE

   Should individual provisions of these GTC including Part B and Part C be or become wholly or partially ineffective, the validity of the remaining provisions or parts of such provisions shall remain unaffected. In place of the ineffective or missing provisions, the respective statutory regulations apply.

Part C: Conditions For Redeeming Vouchers

1. SCOPE OF APPLICATION

   The following conditions for redeeming WISHCARDS apply to the redemption of WISHCARDS via the WISHCARD website.

2. SCOPE OF OUR OFFER

   1. Our WISHCARDS entitle you to redeem them for vouchers from our redeeming partners in the same amount (voucher nominal value). The issuer and debtor of the redeeming partner vouchers ordered by you in the course of redemption are the respective redeeming partners who provide their services on the basis of their own contract subject to their own terms and conditions.
   2. We only owe you to send the voucher from the respective acceptance partner.
   3. The balance of a WISHCARD cannot be paid out and does not earn any interest.

3. REDEEMING PROCESS

   1. To redeem your WISHCARD, please enter the voucher code ("My Code") printed on the back of the WISHCARD on the WISHCARD website in the "Redeem voucher" section and select one of the redeeming partners with whom you can purchase your WISHCARD would like to exchange them for a voucher from the selected redeeming partner. You will then be shown:
      1. if available, the redemption partners who have exactly the same value of the WISHCARD in their offer, in order to enable a 1 to 1 redemption of the voucher value and
      2. Optionally, the other value levels offered by this partner in order to enable partial redemption of the voucher value or, against an additional payment, redemption of the voucher value against a higher voucher from the partner.
   2. After you have selected a redeeming partner, you will be shown a window where you can click the "Request voucher for this shop" button. If you click this, you will be asked to enter your name and email address. To complete the redemption process, you must take note of and accept the terms and conditions as well as any special conditions for redeeming vouchers from our redeeming partners and click on "Send & request voucher". At this moment you are submitting the offer to redeem your WISHCARD.
   3. Your offer is accepted by confirming your entries and sending the voucher code from the redeeming partner. Depending on which vouchers you have ordered, you will receive them by post or email and can then redeem them at our redemption partners. The WISHCARD can only be redeemed once and cannot be changed after the above process has been completed. An exchange for vouchers from other redeeming partners is no longer possible once the redemption process has ended.
   4. WUNSCHVUTSCHEIN reserves the right to block, block or delay voucher redemptions for an extended check, if this is necessary for official requirements or internal company processes such as risk management or the review of contractual behavior of sales outlets or users.
   5. The WISHCARD must be redeemed in your own name and on your own account. A purchase of WISHCARDS for redemption in your own name is not permitted.
   6. The use of reimbursements, kick-back payments, discounts or other monetary benefits that are granted in connection with the purchase of the VOUCHER and the purpose of which is to directly or indirectly receive a discount on purchases in the partner shops is not permitted.
   7. The purchase of the VOUCHER for the purpose of reselling or reselling is only permitted with prior written consent. This also includes the use of the WISHCARDS for the acquisition of goods or services that are acquired for the purpose of reselling or reselling by redeeming the credit on one or more WISHCARDS.

4. DELIVERY OF THE VOUCHER FROM OUR REDEEMING PARTNERS

   1. After redeeming the WISHCARD in the voucher from one of our redeeming partners, delivery usually takes place within a few minutes by email. When shipping by post, the delivery time is 1-7 working days
   2. We deliver the voucher from our redeeming partner by email or by shipping with Deutsche Post, DHL or DPD. Unfortunately, a self collection of the product is not possible.

5. VALIDITY OF WISHCARDS

   WISHCARDS expire three years after their order, beginning at the end of the year in which the WISHCARD was purchased.