General terms and conditions, consumer information and cancellation policy of cb Vouchers AG for Gift Card sales with customers from Belgium

 

  1. Field of Application
    These general terms and conditions, consumer information and cancellation policy shall apply to all online coupon purchases by customers from Belgium from corporate benefits Vouchers AG, 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. 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: Kanton 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 button “Buy now” 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.
      3. After receipt of the order and after the customer has completed the payment process, cb Vouchers will send the customer an e-mail confirming receipt of the order by cb Vouchers (order and contract confirmation). With this e-mail confirmation, the purchase contract for the voucher 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 Dutch, French, German and English.
       
    4. Storage of the Contract Text
      1. The contract text (the order) of a customer is stored by cb Vouchers. However, this stored text of the
        contract is not directly accessible to the customer.
      2. The customer can, however, 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 general terms and conditions at any time by clicking on the following link: https://bel.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 are delivered electronically by e-mail by sending a corresponding coupon code. The coupon code is either sent directly by e-mail or by providing a download link.
    2. 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.
    3. Issuer and debtor of the coupons are the respective acceptance partners with whom the coupons can be redeemed, who provide their products and services on the basis of their own contract under their own contractual conditions. cb Vouchers is not the contractual partner of the customer as to the services and/or products purchased by the customer with the relevant acceptance partner via the coupon. Any complaints as to such services (and/or products?) should be addressed by the customer to the relevant acceptance partner directly and shall be governed by the relevant and applicable contractual conditions of such acceptance partner.
       
  5. Right of Revocation
    Insofar as the customer is a consumer (i.e. a natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor his self-employed professional activity), he shall have a right of revocation in accordance with the following provisions:
     
    1. Right of Revocation

      Right of Withdrawal
      You have the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the date of conclusion of the contract. 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 (other than any additional charges arising from you choosing a method of delivery other than the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive 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 or Premature Expiration of the Right of Withdrawal
      In the following cases you cannot or can no longer revoke your contractual declaration: In the case of a contract for the supply of digital content that is not on a physical data carrier, the right of revocation shall expire if cb Vouchers has commenced performance of the contract after (i) you have expressly agreed that cb Vouchers shall commence performance of the contract before expiry of the revocation period and (ii) you have confirmed that you are aware that you will lose your right of revocation by giving your consent when performance of the contract commences.
       
    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 and liability of cb Vouchers is limited to the sale and delivery of the coupons and is in accordance with the statutory regulations.
    2. cb Vouchers shall be liable in accordance with the statutory regulations, and limited to the sale and delivery of the coupons, for damage to the customer caused by wilful or grossly negligent conduct on the part of cb Vouchers or its vicarious agents and for personal injury and damage in accordance with statutory regulations.
      1. Otherwise, the liability of cb Vouchers for claims for damages – irrespective of the legal grounds – shall be limited in accordance with the following provisions unless otherwise provided for in a guarantee assumed by cb Vouchers:
      2. For damage caused by slight negligence, cb Vouchers shall only be liable to a limited extent for typically foreseeable damage.
      3. In the case of damage caused by delay due to slight negligence, the liability of cb Vouchers shall be limited to the typically foreseeable damage, however, to a maximum of 5% of the total price agreed in the contract concerned.
    3. 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. Belgian law shall apply to the exclusion of the UN Sales Convention. 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 his self- employed 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 Antwerpen. The same place of jurisdiction shall apply if the customer does not have a general place of jurisdiction in Belgium, 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.