General Terms & Conditions

General information for corporate customers

Cadooz GmbH General Terms and Conditions for the Sale of Gift Card Products and Rewards to Business Customers (as of March 2016)

Part 1:     General Terms and Conditions for the Sale of Gift Card Products and Rewards


1.     Scope of application

1.1     These General Terms and Conditions (“GTC”) consist of General Conditions and Special Conditions. The General Conditions apply to the sale of gift card products and rewards by cadooz GmbH (“cadooz”). Special Conditions also apply to the sale of gift card products from Amazon.

1.2    These GTCs apply exclusively to natural or legal persons or private companies, acting in their commercial or independent professional activities (“Business Customer”).

1.3     The GTCs also apply in their latest version to any future transactions with Business Customers insofar as they relate to the sale of gift card products or rewards.

1.4    Contracts are concluded exclusively on the basis of these GTCs. Any other or supplementary terms and conditions apply only if cadooz has confirmed them in writing.


2.     Sale of gift card products

2.1    If a purchase agreement is concluded between cadooz and a Business Customer, then cadooz is obligated to deliver the requested gift card products to the Business Customer. Gift card products are supplied as specified on the order in electronic or physical form.

2.2    Cadooz reserves the right to change the ordered gift card values for one and the same gift card product while maintaining the total nominal amount. If the change leads to a reduction in the total number of gift cards, it will be carried out only after consultation with the business client.

2.3     Gift card products issued by cadooz (“cadooz gift cards”) constitute a right granted by cadooz in relation to services (“redemption right”). The relevant cadooz Redemption Requirements apply. The redemption right granted through the cadooz gift card is valid for three years beginning at the end of the year in which cadooz provided the redemption right to the Business Customer or a third party designated by him. Thereafter, cadooz gift cards can no longer be redeemed.

2.4    Gift card products issued by a third party (“third-party gift cards”) constitute a right granted by the respective third-party provider in relation to the purchase of services. The Redemption Requirements of the respective third-party provider (including any expiration times for the redemption of the third-party gift card) apply to the redemption right granted with the third-party gift card. In relation to the redemption of third-party gift cards, cadooz is neither required to perform the services for the Business Customer nor liable for proper performance of the services by the third-party provider.

2.5    Payments made in relation to purchasing the CharityChoice gift card are not donations as defined by tax legislation. No donation receipt is issued.

2.6     Reimbursement of payments made for gift card products that have not been redeemed is excluded.


3.    Sale of rewards

3.1    If a purchase agreement is concluded between cadooz and a Business Customer, then cadooz is obligated to deliver any ordered rewards to the Business Customer.

3.2    The Business Customer has warranty rights only if the Business Customer has properly fulfilled their inspection and complaint obligations. Cadooz must be notified in writing of any identifiable material defects within two weeks of receipt of the goods. Defects that are not apparent despite careful inspection must be reported immediately in writing once discovered.

3.3    Supplementary performance under warranty is limited to the supply of a defect-free reward. If the supplementary performance is unsuccessful, the Business Customer is entitled at his discretion to declare withdrawal from the contract or to demand an appropriate reduction in the purchase price, irrespective of any compensation claims.

3.4    Claims by the Business Customer for material defects expire one year from delivery of the reward.


4.    Transfer of risk, reservation of title, right of retention

4.1    Delivery is ex warehouse. If physical gift card products or rewards are shipped to the Business Customer at his request, the risk of accidental loss or accidental deterioration is transferred to the Business Customer once the gift card products or rewards are turned over to the person appointed to ship them. Cadooz shall take out insurance only to cover loss or damage to the gift card products or rewards during shipping at the express request and at the expense of the Business Customer.

4.2    Cadooz reserves the title to the rewards supplied until full payment of all claims against the Business Customer under the contract and any preceding orders (“outstanding claims”) are settled.

4.3    Until outstanding claims are paid in full, cadooz is entitled to refuse to redeem the gift card products supplied by cadooz.

4.4    Until outstanding claims are paid in full, the Business Customer is not entitled to transfer the supplied gift card products to third parties.


5.    Obligations of the Business Customer

5.1    If the Business Customer registers with cadooz for the order portal at www.portal.cadooz.com, the Business Customer shall ensure that no unauthorized persons gain knowledge of his access information.

5.2    Without prior written consent from cadooz, the Business Customer is not permitted to sell gift card products or rewards to end customers or to pass them on to third parties for the purpose of reselling them. Business Customers are not entitled to use gift card products purchased from cadooz to obtain goods or services for their own commercial needs.

5.3    If gift card products are manufactured in accordance with drawings, patterns or other templates provided by the Business Customer (hereinafter: “templates”), the Business Customer is solely responsible for checking that no third-party property rights are breached. If the use of the Business Customer’s templates leads to a breach of property rights, the Business Customer shall indemnify cadooz against all compensation claims by third parties and reimburse any costs of legal action.

5.4    Clarification of how gift cards are treated under tax legislation is the responsibility of the Business Customer. Reimbursement of any additional tax by cadooz is excluded.

5.5    Declarations made solely by the Business Customer (e.g. reminders, setting of notice periods, declarations of withdrawal) must be provided in writing.


6.    Prices, payment terms

6.1    Payments, such as purchase prices, shipping and handling costs do not include the statutory value-added tax.

6.2    Payment is due upon receipt of invoice.

6.3    Unless otherwise agreed, the Business Customer shall make payment in advance. The gift card products and rewards ordered are delivered after the price is paid in full.

6.4    The Business Customer may only offset amounts against legally established or uncontested counterclaims.


7.    Liability

7.1    Cadooz is liable, with respect to the Business Customer, for willful misconduct and gross negligence and to the full extent. For other negligent actions, cadooz is liable exclusively for:
-    personal injury,
-    losses for which cadooz must accept liability on the basis of mandatory statutory provisions (in particular the Product Liability Act) and
-    losses due to a breach of primary obligations which jeopardize the achievement of the objective of this contract, and/or the fulfillment of which make the correct performance of this contract possible in the first place and upon which the party can reasonably rely (“cardinal obligations”).

7.2    In the event of a breach of any cardinal obligations, the liability of cadooz for simple negligence is limited to the losses typical of such a contract and that are foreseeable on conclusion of the contract.

7.3    Cadooz checks its IT and incoming and outgoing emails for viruses at regular intervals. If, despite these checks, damage is caused by viruses, cadooz accepts no liability.


8.    Confidentiality and data protection
 

8.1    The Business Customer and cadooz undertake to maintain confidentiality about operating and business secrets and any other facts that demand confidentiality and of which they become aware in the execution and conclusion of the contract.

8.2    Cadooz processes and uses personal information exclusively for fulfillment of the contract. Use for any other purposes shall only take place with the consent of the party concerned or in exceptional legal circumstances. Details about data protection at cadooz can be found in its data protection policy.


9.    Choice of law and place of jurisdiction

9.1    German law applies exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

9.2    The place of jurisdiction for all legal disputes between cadooz and any Business Customer is Hamburg. 

 

Part 2:     Special Conditions

1.     Scope of application

These Special Conditions contain additional terms which apply only to the sale of Amazon claim codes and Amazon gift cards. In the case of any conflict, these Special Conditions have priority over the General Conditions.


2.    Definitions
The terms listed below have the following meanings in these Special Conditions:

(1)     “Amazon” refers to Amazon EU S.à r.l. in Luxembourg.

(2)     “Amazon Trademarks "are all trademarks, logos, slogans, and other distinctive marks described in the Brand Use Requirements, as well as all other trademarks and logos from Amazon and its affiliates which are provided to the cadooz Business Customer in writing or via the Brand Use Resource Center.

(3)    “Amazon Materials” are the Redemption Requirements, Card Requirements, Amazon trademarks, and all other documents relating to Amazon (in particular instruction manuals, product descriptions, brochures and manuals) that cadooz provides the Business Customer, in whatever form.

(4)    “Amazon Webpages” are all webpages under the URL https://www.amazon.at or https://www.amazon.de, and any other websites which are operated by Amazon and its affiliates, and any websites specified by Amazon, including websites that replace such websites.

(5)    “Applicable Law” is any applicable law of the sales region in question, in the material sense.

(6)    “Brand Use Requirements” are all requirements with regard to the presentation and the other use of the Amazon trademarks, as they are published in the Brand Use Resource Center.

(7)    “Brand Use Resource Center” is the applicable, published website specified by cadooz or Amazon (currently https://www.amazon.de/Gutscheine-Grosskunden/b?node=1619928031).

(8)    “Claim Code” is a unique combination of letters and/or numbers, which is issued by Amazon and can be redeemed on the Amazon website in accordance with the redemption requirements at a particular redemption value.

(9)    “Effective Date” is the date on which these Special Conditions are agreed upon by the parties.

(10)    “Redemption Requirements” are the applicable redemption requirements as mandated by Amazon in the current version for Amazon.de gift cards (currently available at https://www.amazon.de/einloesen).

(11)    “Business Day” is any day from Monday to Friday with the exception of December 24th, December 31th, and public holidays in the sales regions.

(12)    A “Gift Card” is an electronic or physical medium containing a claim code and a clear indication of the Card Requirements and can be redeemed on the Amazon website in accordance with the Redemption Requirements.

(13)    “Cards Requirements” are Amazon’s specified requirements for gift cards, which are to be provided to each cadooz cardholder or Business Customer. Their format is set out in the Brand Use Resource Center.

(14)    A “Cardholder” is the person receiving a gift card from either cadooz or the Business Customer.

(15)    “Sales Regions” are all countries in which the claim codes and gift cards acquired under this Agreement can be redeemed.


3.    Additional obligations of the Business Customer

3.1    The Business Customer may not resell claim codes and gift cards without the prior consent of Amazon, which must be obtained via cadooz.

3.2    The Business Customer may hand out claim codes and gift cards to cardholders solely for the purpose of incentives as part of bonuses, employee motivation, customer retention, and customer acquisition programs and only in the sales regions and only in accordance with the Brand Use Requirements. The information form provided by cadooz on trademark usage is to be completed by the Business Customer and submitted to cadooz for approval.

3.1    The Business Customer may not issue via email claim codes and gift cards that were not requested by the recipient.

3.4    The Business Customer must provide cardholders the Card and Redemption Requirements as set out on the Amazon websites (in particular at www.amazon.de/gp/help/customer/display.html.

3.5    The Business Customer may use the Amazon brand exclusively in accordance with the Brand Use Requirements and with the prior approval of cadooz.

3.6    The Business Customer must adapt the Amazon materials used by him in accordance with Amazon’s respective regulations, if asked to do so by cadooz. The adjustment must take place within the following time periods:
-    If the Amazon materials are used in electronic form, the adjustment must be made within three business days of a request to the Business Customer.
-    If the Amazon materials are used in physical form, the adjustment must be made within 60 business days of a request to the Business Customer.

3.7    Any content that has been created by a Business Customer for the purpose of issuing claim codes and gift cards must be approved by cadooz prior to its first issuance.

3.8    The Business Customer must ensure that he does not include any defamatory, insulting, threatening, hateful or discriminatory materials and no pornographic, obscene, unnecessarily hurtful, illegal or otherwise offensive content when issuing claim codes and gift cards and must ensure that such materials and content are not associated with the claim codes and gift cards.

3.9    The Business Customer may not specify any incorrect redemption values for claim codes or gift cards.

3.10    If the Business Customer is a participant in Amazon’s partner program, he may not acquire and redeem partner gift cards under this program. Moreover, he must not urge cardholders to redeem gift cards as part of such a partner program.

3.11    The Business Customer must place the gift cards in a prominent location as part of his bonus systems.

3.12    The Business Customer shall not contact cardholders by reason of the cardholder being a user of an Amazon website or having previously received a gift card.

3.13    The Business Customers must forward to cadooz all inquiries and complaints that he has become advised of with regard to gift cards that have been issued to cardholders.

3.14    The Business Customer may not make any assurances on behalf of Amazon or its affiliates.

3.15    The Business Customer must release cadooz from any claims by third parties that are due to the fact that the Business Customer or agent of the Business Customer’s company culpably
-    violated his duty in terms of providing cardholders with the Card Requirements, or
-    has used materials or content as part of issuing gift cards that was not previously approved by cadooz, or
-    violated applicable law
-    violated obligations under these Special Conditions.


4.    Additional conditions for the sale of Amazon claim code and Amazon gift cards

4.1    Cadooz grants the Business Customer a non-exclusive, non-transferable, revocable, non-sub-licensable, limited right to use the Amazon trademarks applied to the gift cards for the purpose of issuing the gift cards to cardholders within the sales regions. Upon request by Amazon, cadooz is entitled to revoke the right of use described above.

4.2    Upon request by Amazon, cadooz has the right to cease delivering gift cards to the Business Customer.

4.3    Upon request by Amazon, cadooz is entitled to provide a copy of the contract and these additional agreements, whereby cadooz has to inform the customer of this and black out all commercial terms.

4.4    The Business Customer agrees that cadooz may issue information on the Business Customer to Amazon, to the extent necessary in order for cadooz to fulfill its information obligation towards Amazon.

4.5    Any property rights to the Amazon trademarks remain with Amazon.

4.6    The claim codes constitute confidential information of Amazon and are to be treated as confidential in accordance with the provisions of the GTCs.

4.7    The Business Customer is liable for any fault of his agents to the same extent as for his own faults.

4.8    The Business Customer is not entitled to assign or transfer claims and obligations arising from this supplementary agreement without the prior written consent of cadooz.

4.9    Insofar as these Special Conditions confer rights in favor of Amazon or its affiliates, this is a contract for the benefit of a third party within the meaning of § 328 BGB.

General information for consumers

1. Scope of application / the parties

1.1 These General Terms and Conditions of Business (“GTCs”) apply to the redemption of your BestChoice ShoppingGiftCard or DriversChoice GasGiftCard against gift cards of our merchants or rewards from the a range of offers in the cadooz shop (“Rewards”).

1.2 Your purchase contract is concluded with cadooz GmbH, Osterbekstrasse 90b, 22083 Hamburg, tel.: +49 40 271 482 - 0, fax: +49 40 271 482 - 11, email: support@cadooz.de, website: www.cadooz.com.


2. Conclusion of the contract

2.1 The contract is concluded if cadooz accepts the offer made in your order. The presentation of the rewards in the cadooz shop does not constitute a legally binding offer from cadooz. Only by clicking the “Buy” button do you submit a binding order for the Rewards contained in the shopping cart. The receipt of your order will be confirmed immediately by email, but this does not yet constitute acceptance of the contract. cadooz may accept your order by delivering the Rewards within 14 business days. However, in the event of payment by advance bank transfer, PayPal or express bank transfer, acceptance of the contract is provided by the confirmation of receipt of your order.

2.2 cadooz stores the text of the contract and sends you the order details and our GTCs by email. You can also view, print out and save these GTCs at www.einloesen.de/agb.


3. Delivery terms

3.1 Rewards are delivered ex warehouse to the delivery address provided by you. Depending on whether you have ordered physical gift cards or online gift cards, these will be sent to you by post or via email. The delivery period is up to 14 business days from the order date. The delivered Rewards remain the property of cadooz until payment has been made in full.

3.2 The respective merchants that provide their services on the basis of their own contract and subject to their own contractual terms and conditions are considered the issuer and debtor for the gift cards ordered by you. cadooz reserves the right to change the ordered gift card denominations in order to process the order promptly to your satisfaction. If the change leads to a reduction in the total number of gift cards, it will only be carried out after consultation with you.

3.3 If you have any complaints or general questions about ordering, please contact the cadooz Service Center. You can reach us by email at support@cadooz.de or at the following telephone number: +49 40 27 14 82-0 (Monday-Friday from 09:00 a.m. to 6:00 p.m.).


4. Payment terms

4.1 All prices include the currently applicable VAT.

4.2 Payment is made for the ordered rewards by redeeming your BestChoice ShoppingGiftCard or DriversGiftCard. Any necessary additional payments are made at your discretion by credit card (MasterCard, Visa, American Express), by prepayment via bank transfer, by PayPal or by express bank transfer. In order to ensure that payment will be made due to a risk in the creditworthiness of the purchaser, cadooz reserves the right to exclude certain payment methods in individual cases.

4.3 Payment is due upon conclusion of the contract.


5. Information about the existence or non-existence of a right of cancellation

If you are a consumer, you are entitled to a right of cancellation in accordance with the following provisions. If the contract relates to the delivery of goods, section 5.1 applies; if the contract relates to the delivery of digital content that is not on a physical data carrier, section 5.2 applies. Section 5.3 in conjunction with the appendix contains a standard cancellation form for you.

5.1 Cancellation notice (goods)

Right to cancellation

You have the right to cancel this contract within fourteen days without giving reasons.

The time limit for cancellation amounts to fourteen days from the date

- on which you or a third party nominated by you who is not the carrier took possession of the goods, if you ordered one or more products as part of a single order and the product/products are delivered as a unit;

- on which you or a third party nominated by you who is not the carrier took possession of the last product, if you ordered multiple products as part of a single order and the products are delivered separately.

In order to exercise your right of cancellation, you must notify us (cadooz GmbH, Osterbekstraße 90b, 22083 Hamburg, tel.: +49 40 271 482 - 0, fax: +49 40 271 482 - 11, email: rewarding@cadooz.de) by means of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to cancel this contract. You can use the attached standard cancellation form for this purpose, although this is not a requirement.

In order to meet the deadline for cancellation, it is sufficient to send the notification that you are exercising the right of cancellation before the cancellation period expires.

Consequences of cancellation

If you cancel this contract, we shall repay all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from your choice of a type of delivery other than the low-cost standard delivery offered by us) promptly and no later than within fourteen days of the date on which we received the notification of your cancellation of this contract. For this repayment, we shall use the same payment method that you used for the original transaction, unless otherwise explicitly agreed with you. On no account will you be charged any fees for repayment. We can refuse the repayment until we have received the returned goods or until you have provided proof that you have sent the goods back, whichever occurs earlier.

You shall send or hand over the goods to us without delay, and in any event no later than fourteen days from the date on which you notified us of the cancellation of this contract. The deadline is deemed to have been complied with if you dispatch the goods before expiry of the fourteen day period. We shall bear the costs of the return shipment of the goods. You will only be liable for any loss of value of the goods if it is attributable to the handling of them in a way that was not necessary to examine their quality/characteristics, properties or functioning.

End of the cancellation notice

In the following cases you will no longer be able to cancel your contractual declaration:

The right of cancellation may prematurely expire in the case of contracts for the delivery of sealed goods that, for reasons related to health protection or hygiene, are not suitable to be returned if their seal has been removed after delivery.

The right of cancellation may prematurely expire in the case of contracts for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.

5.2 Cancellation notice (digital content that is not delivered on a physical data carrier)

Right to cancellation

You have the right to cancel this contract within fourteen days without giving reasons.

The notice period for cancellation is fourteen days from the date of conclusion of the contract.

In order to exercise your right of cancellation, you must notify us (cadooz GmbH, Osterbekstraße 90b, 22083 Hamburg, tel.: +49 40 271 482 - 0, fax: +49 40 271 482 - 11, email: support@cadooz.de) by means of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to cancel this contract. You can use the attached standard cancellation form for this purpose, although this is not a requirement.

In order to meet the deadline for cancellation, it is sufficient to send the notification that you are exercising the right of cancellation before the cancellation period expires.

Consequences of cancellation

If you cancel this contract, we shall repay all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from your choice of a type of delivery other than the low-cost standard delivery offered by us) promptly and no later than within fourteen days of the date on which we received the notification of your cancellation of this contract. For this repayment, we shall use the same payment method that you used for the original transaction, unless otherwise explicitly agreed with you. On no account will you be charged any fees for repayment.

End of the cancellation notice

In the following cases you will not be able to cancel your contractual declaration:

The right of cancellation will also expire for a contract on the delivery of digital content that is not on a physical data carrier if cadooz has begun to execute the contract after you have explicitly agreed to cadooz commencing performance of the contract before the end of the cancellation period and confirmed your awareness of the fact that, in giving your consent, you will lose your right of cancellation when the performance of the contract begins.

5.3 Standard cancellation form

If you would like to cancel the contract, you can use the standard cancellation form attached as an appendix to these GTCs.

6. Warranty/liability

6.1 Statutory rights related to liability for defects apply to all rewards from the cadooz shop.

6.2 Furthermore, cadooz is liable with respect to you to the full extent for willful misconduct and gross negligence. For other negligent actions, cadooz is liable exclusively for:

- personal injury,

- losses for which cadooz must accept liability on the basis of mandatory statutory provisions (particularly the German Product Liability Act (Produkthaftungsgesetz)), and

- losses due to a breach of key obligations that jeopardize the achievement of the objective of this contract and/or the fulfillment of which make the correct performance of this contract possible and upon which the party can generally rely (“Cardinal Obligations”).

In the event of a breach of any Cardinal Obligations, the liability of cadooz for simple negligence is limited to the typical losses under such a contract that are foreseeable on conclusion of the contract.


7. Dispute settlement before a consumer arbitration board

Please note that we are neither willing nor obliged to participate in dispute settlement proceedings before a consumer arbitration board.

8. Place of jurisdiction, applicable law

8.1 The place of jurisdiction for all legal disputes between cadooz and you is Hamburg, if you are a merchant.

8.2 German law applies exclusively to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

Consumer redemption process / ordering

Here’s how to redeem your BestChoice shopping gift card at www.einloesen.de:

1. Enter the BestChoice code number and click on ‘Verify code’. We then check your number. You can then enter other gift card codes or start shopping by clicking on ‘Continue to shop’.

2. Look for gift cards and/or rewards of your choice and put them in your shopping cart by clicking on “Add to cart”.

3. You will then be taken to your shopping cart and there you can view the gift cards and/or rewards that you have selected. You can remove items from your shopping cart by clicking on “Delete”. Clicking on “Continue to checkout” takes you to the “Checkout Area”.

4. Enter the delivery address in the “Checkout Area”, together with your contact details if required. If you click on “Continue”, you can specify a different billing address.

5. Click on “Continue” and you will see a summary of the information that you have entered up to that point. If your order total exceeds the value of your BestChoice credit, you can pay the difference by credit card or transfer in advance.

6. By checking the confirmation box, you are confirming that you have read and accepted the General Terms & Conditions, and by clicking on “Complete order,” you can submit your offer to redeem your BestChoice gift card.

Your order number appears on the next page.

Acceptance of your offer is complete when your gift card and/or reward is sent by email. Depending on the type of gift cards you have ordered, they will be sent to you by post or email, and you can then redeem them with the retailers.

Further help/information is available at www.einloesen.de/hilfe