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Terms of service

General Terms And Conditions

Part A: General part

  1. PREAMBLE
    1. Wunschgutschein GmbH, Bahnhofstraße 43, 59929 Brilon, represented by Managing Directors Christoph Pietzsch, offers the sale and redeeming of vouchers ("Wishcards") through the website operated by them www.wishcard.ch ("Wishcard Website"), in accordance with the provisions of these general terms and conditions ("Wishcard GTCs").
  2. SCOPE OF APPLICATION
    1. When obtaining a transferable Wishcard, you can its redemption against a voucher of one of our redeeming partners. The nominal value of the Wishcard is equal to the nominal value of the voucher of one of our redeeming partners.
    2. Ordering and redemption of Wishcards are done exclusively in accordance with the current Wishcard GTCs. Any general terms and conditions that oppose or deviate from these GTCs shall not apply.
  3. OUR REDEEM PARTNERS
    1. You can find an overview of our redeeming partners who currently accept Wishcards at www.wishcard.ch.
    2. We are not obliged to permanent cooperation with any particular redemption partner. If a redeeming partner leaves the system of cooperation, Wishcards acquired can no longer be redeemed against a voucher of the former redeeming partner. This also applies in those instances where a redeeming partner was advertised as such when purchasing the Wishcard through the Wishcard Website or in retail.
  4. LIABILITY
    1. We are liable in cases of intent and gross negligence, as well as for culpable violations of a fundamental contractual obligation (which abstractly refers to an obligation which itself makes possible the regular execution of the contract and on which the other party may rely), as well as in the event of delayed performance or the impossibility of performance. The liability under § 4.1 to damages to assets and material damages is limited to the typically foreseeable extent.
    2. The above limitations of liability shall not apply in cases of mandatory legal liability, particularly pursuant to the Produkthaftungsgesetz [Product Liability Act], whenever a warranty is granted, nor with culpable injury to life, limb, or health.
    3. Please store your Wishcard carefully and prevent third parties from obtaining your Wishcard code. The loss or unauthorised use of your Wishcard is similar to the loss of cash. We assume no liability for the loss, theft, or illegibility not caused by us of Wishcards.
  5. OFFSETTING

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

  6. PLACE OF JURISDICTION AND CHOICE OF LAW
    1. The place of jurisdiction for all legal disputes arising between Wunschgutschein GmbH and the customer is Arnsberg, insofar as the customer is a merchant or a legal entity under public law. German law shall apply exclusively, with the exclusion of the UN Sales Convention.
  7. CHANGES TO THE GENERAL TERMS AND CONDITIONS

    We reserve the right to make changes to the Voucher Website and the Voucher GTCs at any time. The Wishcard GTCs valid at the time of ordering the Wishcard shall apply to the ordering and redemption of said Wishcard.

  8. CONTRACT TEXT STORAGE

    We store the contract text and send you the order data as well as our GTCs by email. You can always consult our GTCs here on the website as well. For security reasons, your past orders can no longer be accessed online.

  9. SEVERABILITY CLAUSE

    Should individual provisions of these GTCs including Part B and Part C be or become ineffective in whole or in part, this shall not affect the validity of the remaining provisions or parts thereof. The relevant legal regulations shall take the place of the ineffective or missing provisions.

Part B: Conditions For Redeeming Wishcards

  1. SCOPE OF APPLICATION

    The following conditions apply to every instance in which a Wishcard is redeemed through the Wishcard website.

  2. SCOPE OF OUR OFFER
    1. Our Wishcards entitle you to exchange them against vouchers of the same amount (nominal voucher value) of our redeeming partners. The issuers and debtors of the vouchers of the redeeming partners that you order as you exchange your Wishcard are the respective redeeming partners who perform their services on the basis of a separate contract, subject to their own contractual conditions.
    2. We are obliged to you only for the transfer the voucher of the respective acceptance partner.
    3. Wishcard credit cannot be paid out and does not draw any interest.
  3. REDEEMING PROCESS
    1. To redeem your Wishcard, please enter the voucher code ("My code") printed on the back of the Wishcard into the "Redeem voucher" section of the Wishcard Website and select one of the redeeming partners with whom you would like to exchange your Wishcard for a voucher of the partner selected. You will only be shown redeeming partners who offer a voucher with a value corresponding exactly to the value of your Wishcard, as only 1-on-1 redemption is provided for the voucher amount.
      1. if available, the redeeming partners who offer a voucher with a value corresponding exactly to the value of the WISHCARD, to enable a one-to-one redemption for the voucher amount, and,
      2. optionally, the other value levels offered by that partner, to enable partial redemption of the voucher amount, or for an additional charge, a redemption of the voucher amount against one of our partner's higher value vouchers.
    2. After selecting a redeeming partner, you are shown a window in which you can click on the "Request a voucher for this shop" button. If you click on this button, you are requested to enter your name and email address. You must take note of and accept the GTCs and any special conditions which might apply to redeem the voucher with our redeeming partners to complete the redemption process and click on "Submit & request voucher". With this, you submit an offer to redeem your Wishcard..
    3. Your offer is accepted by the confirmation of your information and the transmission of the Wishcard code of the redeeming partner. Depending on which Wishcards you have ordered, you will receive them either by post or email and can then redeem them at our redeeming partners. A Wishcard can only be redeemed once; after completion of the above process, it can no longer be modified. You cannot exchange your Wishcard for vouchers with other redeeming partners after completing the redeeming process.
    4. WISHCARD reserves the right to suspend, block, or delay the redemption of a voucher for the purposes of carrying out an extended check, as long as this is deemed necessary by either regulatory requirements, internal processes such as risk management, or to verify the contractual behaviour of sales outlets or users.
    5. The person redeeming the WISHCARD must do so using their own name and on their own account. It is not allowed to redeem a WISHCARD which one has purchased in their own name.
    6. The use of refunds, kick-back payments, discounts or other monetary benefits that are granted in connection with the acquisition of the WISHCARD, and whose purpose is to directly or indirectly receive a discount on purchases in partnering shops, is not permitted.
    7. Purchasing a WISHCARD for the purpose of reselling it requires prior written approval. This includes using a WISHCARD to acquire goods or services that are purchased for the purpose of resale by redeeming the credit on one or more WISHCARDs.
  4. DELIVERY OF A WISHCARD OF A REDEEMING PARTNER
    1. After redemption of a voucher at one of our redeeming partners, delivery by email usually takes place within a minute. Postal delivery takes place in 1-7 working days.
    2. We deliver the voucher of our redeeming partner by email or post using the service providers Schweizer Post. The goods can unfortunately not be picked up by customers themselves.
  5. VALIDITY OF WISHCARDS

    Wishcards shall expire three years after ordering, starting from the end of the year in which the Wishcard was purchased.