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General terms and conditions

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General terms and conditions as a provider & products

 

1.     Scope of application

Dini Chance GmbH is a limited liability company incorporated under Swiss law with its registered office in Regensdorf (hereinafter referred to as "Dini Chance"). Dini Chance operates the "dinichance.ch" website and mobile applications (hereinafter "platform"). On this platform, Dini Chance presents offers for coupons, discount promotions, services, goods and other products as well as advertisements from third parties (hereinafter "providers").

These general terms and conditions (hereinafter "GTC"), together with the privacy policy, govern the relationship between Dini Chance and the persons who use or access the platform or the content or services available through the platform as customers or potential customers (hereinafter "customers").

The GTC are a binding agreement between Dini Chance and the customer. By using or accessing the Dini Chance platform, customers expressly agree that they are subject to the GTC and the privacy policy. The provider does not accept any other general terms and conditions.

Customers who do not  agree with the GTC or the privacy policy are not permitted to access or use the platform.

Use and access to the platform are only permitted to persons who can conclude legally binding contracts.

2.     Services

Dini Chance only provides one platform for offers from providers and compiles them for viewing and contacting customers. Therefore, only one place is made available for providers and customers to negotiate and execute contracts (hereinafter "contract"). The parties to any resulting contract shall be exclusively the provider and the customer but not Dini Chance. These contracts are subject to the contractual conditions between the provider and the customer. The provider is responsible for the execution of the contract and claims in connection with the contract. Dini Chance does not assume any responsibility and does not act as a representative of the provider or the customer.

The offers are addressed to clients domiciled in Switzerland or Liechtenstein and apply exclusively for private or personal use.

The offers and prices published on the platform are non-binding offers to the customer. By submitting an order and simultaneously accepting the GTC, the customer submits a legally binding offer. The contract between the customer and the provider is concluded upon receipt of the payment and booking of the order confirmation in the customer's account. Each contract is subject to the condition precedent that the offer is available.

All prices are in CHF and include VAT, but do not include shipping costs. This remains subject to technical modifications, errors and misprints. Prices are subject to change without notice.

3.     Registration

Customers who use services on the platform that go beyond mere enquiries must register on the platform. Customers can register using a personal email address, Google+ or Facebook login details. Customers can deactivate the account at any time or unlink the account from Facebook. The account must be registered with a valid personal email address or Facebook account that the customer regularly accesses.

After successful registration, the customer receives a user account for the platform (hereinafter "account"). Reference is made to the privacy policy for data processing within the scope of account use.

The customer undertakes to keep access data for the account secret and to inform Dini Chance immediately if an unauthorised third party becomes aware of them or any unauthorised use occurs. Dini Chance bears no responsibility and is not liable if a third party to whom the access data has been disclosed uses the platform.

4.     Additional provisions for the purchase of coupons

The coupon can only be redeemed at the respective provider. The redemption conditions specified for each coupon shall apply, in particular the redemption period. The general terms and conditions of the respective provider apply to the execution of the offer. If the coupon is partially or otherwise redeemed, there is no entitlement to a credit, refund or new coupon.

The customer has a 14-day right of revocation. The revocation can take place without indication of reasons.

In order to exercise the right of withdrawal, Dini Chance must be informed of this decision by means of a clear statement.

In order to comply with the revocation period, it is sufficient for the customer to notify Dini Chance of the exercise of the right of revocation before the expiry of the revocation period:

support@dinichance.ch

In case of an effective revocation, the coupon will become invalid and the amount will be credited to the customer's account.

The revocation is excluded as soon as the coupon has been redeemed with the provider. This also applies to partial redemption or other redemption.

Dini Chance offers a "feel-good guarantee" for appropriately marked coupons. The customer will receive a reminder e-mail 30 days before the end of the redemption period. After expiry of the redemption period, the amount will be credited to the customer's account and can be redeemed within 30 days for other offers on the platform. The credit balance is not subject to interest or paid out. If the 30 days elapse unused, the amount is forfeited.

The commercial resale of coupons or any other form of use for purposes other than private use is prohibited.

5.     Contributions

On the platform, customers have the opportunity to write and publish experience reports, opinions and evaluations. The use of this function is subject to its own policy, which may be reviewed prior to publication. Dini Chance may refuse to publish any entry that, in Dini Chance's sole discretion, does not conform to the applicable guidelines.

6.     Notes for individual offers

It should be noted that wine, beer and cider may not be sold or handed over to under-16s and spirits, aperitifs, alcopops and tobacco products not to under-18s.

It should be noted that erotic products may not be sold or handed over to persons under the age of 18.

7.     Intellectual property

There are copyrights and other rights to content, images, photos or other files on the platform.

The duplication of the platform in its entirety or in parts, including the copying of text, graphics or designs, is prohibited.

The written consent of the copyright holder must be obtained in advance for the reproduction of any elements.

By transmitting content to the platform (in particular texts, descriptions, ratings, photographs), the customer grants Dini Chance a non-exclusive, free, perpetual, transferable, irrevocable and unrestricted (multiple) sublicensable right to use, reproduce, translate, distribute, publish and publicly display or list the content throughout the world and in any media already known or developed in the future in connection with the provision of the platform.

As far as contributions or other contents of customers contain brands or other protected names or marks, the customer declares that he/she is entitled to these marks.

Dini Chance does not endorse, is not responsible for, and is not liable for any loss or damage caused by reliance on any contents. Contents reflect the opinion of the providers or customers and not the opinion of Dini Chance.

Dini Chance has the unrestricted right, but not the obligation, to review, edit, post, refuse to post, remove and monitor any content.

Dini Chance assumes no responsibility for links to third party websites or for the content and products of other websites.

8.     Liability

Any liability is excluded to the extent permitted by law with the exception of liability for intent and gross negligence.

The platform merely represents a marketplace where offers for coupons, discount campaigns, services, goods and other products from third parties are presented and contracts are brokered.

Dini Chance assumes no liability in connection with contracts entered into by customers with a provider or for acts or omissions of providers or any other persons or parties associated with the offers.

Dini Chance makes every effort to ensure the complete availability of the platform. Nevertheless, temporary failures may occur, e.g. for maintenance reasons. The temporary loss shall not give rise to any claims whatsoever against Dini Chance, in particular not for loss of data.

Although Dini Chance takes every care to ensure the accuracy of the published content, no warranty can be given as to the accuracy, reliability, up-to-dateness or completeness of this information.

The provider is responsible for the content of the offers.

Dini Chance is entitled to modify the functions and design of the platform at any time. Dini Chance expressly reserves the right to change, delete or temporarily not publish content in whole or in part at any time without prior notice.

9.     Final clauses

Dini Chance expressly reserves the right to exclude providers or customers from using the platform.

Dini Chance may make changes to the GTC at any time with effect for the future. Customers will be informed of these modifications by means of updates on the platform or by e-mail with reasonable advance notice. The customer is required to read the GTC from time to time.

Subsidiary agreements or deviating agreements require the written form.

Should any provision of these GTC be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by the statutory provisions.

Swiss law applies exclusively, to the exclusion of the conflict-of-law rules, in particular the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for all disputes is the registered office of Dini Chance.

July 2018