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1. SUBJECT MATTER OF THE AGREEMENT
These GTCs (hereinafter referred to as the Agreement) govern the terms and conditions of the sale of Bontique Checks offered by Gubemo to Customer and the processing of individual Bontique Checks orders.
Gubemo shall, in accordance with the terms of this Agreement, (i) sell Bontique Checks to Customerin its own name, (ii) accept payments from Customer for the Bontique Checks, and (iii) deliver the Bontique Checks to Customer.
Postal (physical) deliveries of the Bontique Cheques will only be made within Switzerland to the address specified in the individual order. The delivery time is up to 10 working days.
Customer is obliged to accept the Bontique Checks and to check immediately whether the amount of the Bontique Check corresponds to the order and must notify Gubemo immediately in writing of any discrepancies.
3. PURCHASE PRICE AND INVOICING
The purchase price for the Bontique Checks corresponds to the respective value amount of the Bontique Check. Additional services on the part of Gubemo, such as printing costs or full-service work, will be charged to Customer.
Each individual order can be invoiced separately or as a collective invoice on a monthly basis.
Invoices from Gubemo must be paid by the Customer within 30 days of the date of the invoice.
4. PERFORMANCE OBLIGATIONS
The services to be provided by Gubemo are limited to the processing of the sale of Bontique Checks to Customer at the conditions stipulated in this Agreement and/or in the individual order.
The Bontique Checks entitle the end customers to purchase goods or services from the cooperation partners up to a maximum of the respective Bontique Checks amount during a certain period of time(24 months / extendable to 36 months), whereby a single Bontique Check can also be redeemed in partial amounts and at different cooperation partners.
Customer undertakes to pay the invoice amount for the Bontique Checks on time.Customer shall keep the Bontique Checks carefully and, when passing them on, shall expressly draw the end customers’ attention to the fact that the loss of a Bontique Check will not be replaced.
Refunds of payments made for unredeemed Bontique Checks are excluded.
Gubemo guarantees the careful selection of its cooperation partners and excludes any further warranty obligations to the extent permitted by law. In particular, Gubemo shall not be liable for any deficiencies in the performance of the cooperation partners, insofar as these deficiencies in performance were not foreseeable at the time of the due diligence.
Furthermore, Customer acknowledges that Gubemo does not itself manufacture or offer the goods or services of the cooperation partners. Gubemo expressly excludes any warranty or liability for quality and content of the goods or services of the cooperation partners.
6. PROPERTY AND INTELLECTUAL PROPERTY RIGHTS
Gubemo retains all copyrights and other rights to its platform (accessible under www.bontique.ch) as well as to the content, information, images and videos published via its platform (hereinafter referred to as Protected Property). Any modification, reproduction, publication, disclosure to third parties and/or other exploitation of the Protected Property without the prior written consent of Gubemo is expressly prohibited.
7. FINAL PROVISIONS
7.1 Cancellation, amendments and supplements to this Agreement
The cancellation, amendments and/or additions to this Agreement (including this clause) as well as individual obligations hereunder must be in writing in order to be binding.
7.2 Severability Clause
If any provision of this Agreement is or becomes invalid or void, the validity of the remaining provisions shall not be affected thereby. In the event of the invalidity or nullity of a provision of this Agreement, such provision shall be replaced by a valid provision which comes as close as possible to the economic purpose of the invalid or void provision. The same procedure shall be applied in case of a contractual gap.
7.3 Waiver of individual rights
The failure to exercise, or the delay in exercising, any right(s) or remedy(s) under this Agreement shall not be deemed a waiver of such right(s) or remedy(s) nor a waiver of any other right(s) or remedy(s) under this Agreement.
7.4 Final Agreement
This Agreement, together with the respective individual orders, conclusively governs the transaction entered into between the parties and supersedes all prior oral and written agreements between the parties in this matter.
All notices required under this Agreement shall be in writing and shall be sent to the addresses specified in the individual order.
7.6 Assignment / Transfer
The rights and obligations under this Agreement may not be assigned or otherwise transferred in whole or in part to any third party without the written consent of the other party.
7.7 Applicable Law and Venue
This Agreement, including the question of its formation and validity, shall be governed exclusively by the substantive laws of Switzerland, excluding its conflict of laws rules and international conventions.
Any dispute arising out of or in connection with this Agreement, including the question of its formation and validity, shall be subject to the exclusive jurisdiction of the ordinary courts of Zurich City (venue being Zurich 1), Canton of Zurich, Switzerland.