Terms and conditions Dorfhus Gupf AG (voucher store)

1 General and scope of application

In addition to the hotel business, Dorfhus Gupf AG (hereinafter referred to as “Dorfhus Gupf”) also offers vouchers that can be booked or purchased via the website www.dorfhus-gupf.ch.

These General Terms and Conditions (hereinafter “GTC”) apply to the creation and execution of all contracts between the customer (hereinafter “Customer”) and Dorfhus Gupf via the webshop.

If individual agreements and the GTC contain divergent provisions, the provisions of the individual agreement shall take precedence over those of the GTC. However, if the provisions of the agreement are unclear or incomplete, the provisions of these GTC shall apply.

Where these GTC do not contain conclusive provisions, the provisions of the General Terms and Conditions of Dorfhus Gupf AG – Hotelbetrieb ([www.dorfhus-gupf.ch]) shall apply in addition.

The validity of any general terms and conditions of the customer is hereby excluded.

2 Offer and conclusion of contract

The presentation of the products and services as well as the price information in the web stores or other Dorfhus Gupf websites as well as in brochures, advertisements or similar does not constitute a legally binding offer, but an invitation to order.

Dorfhus Gupf only makes a binding offer to conclude a contract after the desired products or services have been selected, the payment method has been chosen, the GTC have been confirmed and the button “Order with obligation to pay” has been clicked.

The customer receives a confirmation by e-mail, which constitutes acceptance of the offer. Dorfhus Gupf may withdraw from the contract without compensation, in particular in the event of non-availability of goods from suppliers or in the event of scheduling conflicts for booked services – by means of immediate notification after becoming aware of this. Any payments already made will be refunded immediately.

3 Prices and shipping costs

The price in Swiss francs (CHF) is decisive in each case. Prices in foreign currencies are approximate and will be charged at the current exchange rate.

The prices of the Dorfhus Gupf include statutory value added tax (VAT) and excl. shipping costs and any customs duties. The shipping costs are shown in each individual case during the ordering process. Costs for customs clearance and other costs that may be incurred when shipping to a location outside of Switzerland shall be borne by the customer.

4 Terms of payment

When ordering via the webshops, the customer has the payment options specified in the order process at his disposal. Dorfhus Gupf reserves the right to exclude certain payment methods in individual cases.

5 Default of payment by the customer

If payment is not made on time, Dorfhus Gupf may send the customer a reminder and charge CHF 20.00 per reminder. If Dorfhus Gupf initiates a debt collection request against the defaulting customer, a processing fee of CHF 50.00 shall be owed.

If the Customer does not settle agreed advance payments or down payments by the due date, Dorfhus Gupf may refuse to provide the contractual services until the date of receipt of payment.

Dorfhus Gupf is entitled to assign its claims to a third party, in particular a debt collection service provider, or to have them collected by such a service provider. Additional processing fees may be charged.

6 Delivery & Shipping

When ordering a voucher, the voucher can be obtained online as a PDF document after payment by credit card or Postfinance and printed out locally by the customer (Print@Home). This requires the latest version of Adobe Acrobat Reader. The customer is responsible for ensuring that the necessary requirements for printing the voucher are met.

The remaining products will be sent to the delivery address specified by the customer after payment has been made.

Any delivery deadlines communicated by Dorfhus Gupf are calculated from the time of receipt of payment by Dorfhus Gupf, are for guidance only and are non-binding unless otherwise expressly agreed in writing. Dorfhus Gupf expressly excludes any liability for late or impossible deliveries.

Dorfhus Gupf reserves the right to make partial deliveries. This does not result in any additional costs for the customer.

7 service, accommodation and value vouchers

7.1 General information

Purchased vouchers may not be traded for commercial or business purposes. The customer must take the necessary precautions to prevent the voucher from being used by unauthorized persons or misused (e.g. copied or altered). Printed vouchers must be stored in such a way that all details on the voucher, in particular the voucher number, remain clearly legible. Dorfhus Gupf accepts no liability for damages incurred by the customer as a result of use or misuse by unauthorized persons or due to unreadable vouchers.

Vouchers are only issued after full payment and are valid for one year. Dorfhus Gupf can extend the period of validity on request. There is no entitlement to an extension. Cash payment of the vouchers is excluded.

7.2 Service and accommodation vouchers

Dorfhus Gupf reserves the right to charge any surcharge that may have been incurred since the date of issue if expired or extended service and accommodation vouchers are accepted.

Service and accommodation vouchers (i.e. not pure value vouchers) do not entitle the customer or voucher holder to the provision of services on any date or at any time. It is the responsibility of the customer or voucher holder to make a timely appointment request with Dorfhus Gupf for the voucher service. If the customer or voucher holder does not keep an appointment reserved for the provision of services, the cancellation conditions for the corresponding services shall apply.

7.3 Value vouchers

Vouchers can be used for all services and products offered by Dorfhus Gupf.

9 Warranty

Dorfhus Gupf warrants that the goods comply with the warranted characteristics, have no defects that impair their value or suitability for the intended use and comply with the prescribed services and specifications. Dorfhus Gupf reserves the right to rectify an existing defect by way of repair or replacement.

The customer must inspect the goods received as quickly as possible and report any discrepancies immediately in writing. The responsible customer service can be contacted by e-mail at info@dorfhus-gupf.ch or by post at Dorfhus Gupf AG, Kirchstrasse 2, 9038 Rehetobel, Switzerland.

10 Retention of title

The goods shall remain the property of Dorfhus Gupf AG until all claims arising from the contractual relationship have been paid in full.

11 Liability

Dorfhus Gupf excludes all liability to the extent permitted by law. In particular, liability for indirect damage, any consequential damage and loss of profit is excluded in full.

12 Data protection

The customer hereby authorizes Dorfhus Gupf to process the data received about the customer in connection with the business relationship, regardless of whether these originate from the customer or from third parties, in order to fulfil the obligations arising from the contractual relationship. If Dorfhus Gupf calls in third parties to provide the service, the Customer authorizes Dorfhus Gupf to pass on the data necessary for the provision of the service. Dorfhus Gupf is also entitled to pass on data to external payment and collection service providers – insofar as this is necessary for the use of the respective service.

Data processing is explained in more detail in a separate privacy policy(www.dorfhus-gupf.ch), in particular data processing that is attributable to visits to the Dorfhus Gupf website.

13 Formal requirement

Where written form is required in the GTC, text messages by e-mail are sufficient. These are considered equivalent to the written form.

14 Severability clause

Should one or more provisions of the GTC or the individual agreement be or become invalid or unenforceable in whole or in part, the validity or enforceability of the remaining provisions of the GTC and the individual agreement shall not be affected. In this case, the parties shall replace the invalid or unenforceable provision which comes closest to the economic purpose of the provision to be replaced. The same applies mutatis mutandis in the event that the GTC or the contract should contain a loophole.

15 Applicable law and place of jurisdiction

All legal relationships between the customer and Dorfhus Gupf shall be governed exclusively by Swiss law, subject to the exclusion of international conventions such as the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the conflict of laws rules.

Rehetobel, Canton Appenzell Ausserrhoden (Switzerland), shall be the exclusive place of jurisdiction for all claims – subject to any conflicting, mandatory statutory or constitutional jurisdiction.

Dorfhus Gupf shall, however, be entitled to bring an action before the courts having jurisdiction for the registered office or domicile of the customer instead.

16 Amendment of the GTC

Dorfhus Gupf reserves the right to amend the GTC at any time. The current and published version of the General Terms and Conditions at the time of the customer’s order shall apply.