General Terms and Conditions, Consumer Information and Cancellation Policy of corporate benefits Vouchers AG for Coupon Sales with Customers from Austria 
 

  1. Field of Application
    1. These general terms and conditions (hereinafter referred to as “GTC”), consumer information and cancellation policy shall apply to all online coupon purchases by customers from Austria from corporate benefits Vouchers AG, with its registered office at Schwanengasse 3, 3011 Bern, Switzerland (hereinafter “cb Vouchers”). They govern the conclusion of the contract between cb Vouchers and a customer, the processing of contracts concluded and the mutual rights and obligations. 
    2. The version of the GTC valid at the time of the conclusion of the contract shall be authoritative in each case. 
       
  2. Vendor and Contractual Partner
    Vendor and contractual partner of the customer: 
    corporate benefits Vouchers AG, Schwanengasse 3, 3011 Bern, Switzerland 
    Phone: +41 31 301 3939 
    E-Mail: info@cbv-ag.ch
    Managing Director: Urs Anliker
    Commercial register: Canton of Bern
    VAT ID: CHE-278.734.891
     
  3. Contract Conclusion, Possibilities of Correction, Contract Language and Storage of the Contract Text
    1. Conclusion of Contract for Online Coupon Purchases
      1. The presentation of the coupon offers in our online shop is not a binding offer to the customer, 
        but merely represents an online sales offering. 
      2. The submission of the order (via the online order form) through the customer by clicking on the “Buy now” (or any equivalent) button at the end of the order process represents a binding offer by the customer to cb Vouchers to conclude a contract for the purchase of the coupons contained in the order at the conditions transmitted with the order. After receipt of the order and after the customer has completed the payment process, cb Vouchers shall send the customer an e-mail to the e-mail address provided by the customer confirming receipt of the order and the conclusion of the contract with cb Vouchers (order and contract confirmation). With this e-mail confirmation to the customer, the purchase contract for the coupon is concluded. 
         
    2. Detecting and Correcting Input Errors 
      The customer can correct his entries at any time before sending the binding order by using the correction aids provided and explained at the appropriate points in the order process. 
       
    3. Contract Languages 
      The languages available for the conclusion of the contract are German and English. 
       
    4. Storage of the Contract Text 
      1. The contract text (the order) of a customer is stored by cb Vouchers. This stored contract text is 
        accessible to the customer in accordance with section 3.4.4 of these GTCs. 
      2. The customer can view those orders for coupons on the offer page of cb Vouchers that he has placed via a forwarding as a logged in user from the Corporate Benefits employee portal. To do so, the customer may have to access any of the cb Vouchers offers as a logged in user from the corresponding Corporate Benefits employee portal. However, the orders stored there will be deleted at the latest at the end of the third calendar year following the customer's respective order. In addition, the customer has the option of archiving the text of the contract for his order in accordance with the following regulations. 
      3. The customer can view the current version of these GTCs at any time by clicking on the following link: https://aut.vouchers-at-work.com/en/terms-of-service/; Outdated versions are not kept there. The customer may also print or save this document, e.g., by using the usual functions of his programme for viewing web pages. 
      4. The customer can additionally archive the data of his order by printing or saving the data summarised on the last page of the order process in the online shop using the functions of his browser when placing an order or the customer waits for the contract confirmation, which cb Vouchers will additionally send to the customer by e-mail to the e-mail address provided by him. This e-mail again contains the data of the customer’s order and these general terms and conditions and can be printed out or saved with the customer’s e-mail programme. 
         
  4. Delivery and Special Customer Obligations
    1. The coupons will be delivered electronically by e-mail after completion of the order process by
      sending a corresponding coupon code. The coupon code is either sent directly by e-mail or by providing a download link. 
    2. Use and risk shall pass to the customer as of the delivery of the coupon code by cb Vouchers. 
    3. The customer is obligated to protect coupon codes provided to him from unauthorised access. He shall also be obligated to inform cb Vouchers immediately in case of loss of the coupon code or if the customer is aware that a third party has obtained unauthorised knowledge of the coupon code, unless the customer no longer wishes to redeem the coupon himself. 
    4. Issuer and debtor of the coupons are the respective acceptance partners with whom the coupons can be redeemed, who provide their services on the basis of their own contract under their own contractual conditions. 
       
  5. Right of Revocation
    Insofar as the customer is a consumer within the meaning of § 1 of the Consumer Protection Act (KSchG), he shall have a right of revocation in accordance with the following provisions: 
     
    1. Power of Revocation 

      Right of Revocation 
      You have the right to revoke this contract within fourteen days without giving reasons. 
      The revocation period is fourteen days from the date the coupon code is received. 

      To exercise your right of revocation, 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 revoke this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached sample revocation template, which, however, is not mandatory. 

      In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period. 

      Consequences of Revocation 
      Should you withdraw from this agreement, we shall reimburse you for all payments we have received from you, including delivery charges (with the exception of additional costs resulting from you choosing a different type of delivery than the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we received notification of your withdrawal from this agreement. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. 
       
    2. Exclusion of Premature Expiration of the Right of Revocation 
      In the following cases you cannot or can no longer revoke your contractual declaration: 

      The right of revocation shall expire in the case of a contract for the supply of digital content that is not on a physical data carrier if cb Vouchers has commenced performance of the contract after you (i) have expressly agreed that cb Vouchers shall commence performance of the contract before expiry of the revocation period and (ii) you have confirmed your awareness that you lose your right of revocation with the beginning of the execution of the contract. 
       
    3. Sample Revocation Template 
      If you wish to revoke the contract, you may use the sample revocation template which is attached to these general terms and conditions. 
       
  6. Warranty and Liability
    1. The warranty is in accordance with the statutory regulations.
    2. cb Vouchers shall be liable in accordance with the statutory provisions exclusively for damages suffered by the customer that have been caused by intentional or grossly negligent conduct on the part of cb Vouchers or its vicarious agents, as well as for personal injury and damages under the Product Liability Act. 
    3. Furthermore, any guarantee or liability of cb Vouchers with regard to the actual redeemability of the 
      coupons at the respective acceptance partner is completely excluded. 
    4. The above limitations of liability shall also apply in favour of vicarious agents of cb Vouchers. 
       
  7. Alternative Dispute Resolution
    The European Union has set up an online platform for the out-of-court settlement of consumer disputes, which you can access at http://ec.europa.eu/consumers/odr/. We are not obliged and generally not willing to participate in dispute resolution proceedings before a consumer arbitration board.
     
  8. Applicable Law and Place of Jurisdiction
    1. Austrian law shall apply to the exclusion of the conflict of law rules and the UN Convention on Contracts for the International Sale of Goods. This choice of law shall only apply to consumers insofar as this does not deprive them of the protection afforded to consumers by the mandatory, i.e. non-negotiable provisions of the country in which the consumer has his habitual residence. A customer is a consumer if the legal transaction in question (e.g. ordering the products from the shopping cart) is concluded for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity. 
    2. The exclusive place of jurisdiction for all present and future claims arising from the business relationship with merchants, legal entities under public law or special funds under public law is Vienna. The same place of jurisdiction shall apply if the customer does not have a general place of jurisdiction in Austria, relocates his place of residence or habitual residence out of his domestic territory after conclusion of the contract or if his domicile or habitual residence is not known on the date the action is filed. 
      However, this place of jurisdiction does not apply if the customer is a consumer and has his domicile or habitual residence in a member state of the European Union. In this case, an action must be brought before the competent court of the member state of residence. 

 

Appendix:

Sample Revocation Template 

(If you wish to revoke the contract, please fill in and return this form.) 


To [name, address and, if applicable, fax number and e-mail address of the entrepreneur, to be provided by the entrepreneur]: 


____________________________________________


I/we (*) hereby revoke 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 consumer(s) 


____________________________________________


Address of the consumer(s)  


____________________________________________


Signature of the consumer(s) (for paper notification only) 


____________________________________________


Date    


____________________________________________

(*) Please delete where inapplicable.