General Terms and Conditions
General Terms and Conditions (GTC) of The Living Circle Group AG (after: The Living Circle Group AG), the legal operator of an e-guma® voucher management system from Idea Creation GmbH
1. general
All deliveries and services of The Living Circle Group AG as well as the associated online orders and other online services are subject to these General Terms and Conditions (GTC). Deviating and/or supplementary agreements require the express consent of the management of The Living Circle Group AG and the written form; this also applies to a waiver of the written form requirement.
2. vouchers
In the case of online vouchers, it should be noted that these are sent to the customer by The Living Circle Group AG with a forgery-proof code. As the customer can print out the voucher themselves, several printouts are possible, but only one copy is relevant in terms of value and can be redeemed. The first voucher redeemed using an e-guma® voucher management system with the corresponding code is regarded as the original and must be debited by The Living Circle Group AG immediately after redemption. Should further copies with the same code appear, this constitutes misuse and will result in criminal prosecution. There is no entitlement to fulfilment, delivery or compensation on the part of The Living Circle Group AG if an attempt is made to redeem several vouchers with the same code, even if the first redeemer is not the rightful owner of the voucher. As a voucher can be passed on or given as a gift, there is no obligation or possibility on the part of The Living Circle Group AG to check the right of ownership of the redeemer. When the voucher is redeemed, it is only checked whether the corresponding e-guma® voucher number has been authorised by the system and the voucher has been paid for.
The e-guma® vouchers are generally valid for two years (see date and validity period on the voucher). After this period has expired, The Living Circle Group AG is not obliged to accept the voucher. Lost vouchers will not be replaced. Cash payment is excluded. If the value of the voucher is more than the service consumed, the remaining amount will be credited in full for future services. There is no entitlement to cash payment of the remaining amount. Unpaid vouchers will not be accepted as a means of payment.
For operational reasons, the services listed in the voucher can only be guaranteed if a reservation has been made in good time. This applies in particular to accommodation and group vouchers. The service described in the voucher may vary slightly depending on the circumstances, but may not represent a relevant reduction in value. If The Living Circle Group AG closes or gives up a business, the e-guma® vouchers expire without entitlement to compensation. This also applies in the event of a verifiable change of ownership. Recourse to The Living Circle Group AG as the original issuer is excluded.
3. products
All products offered by The Living Circle Group AG are provided to the best of our knowledge and belief. Product images in the online shop may differ from the actual products in individual cases (e.g. in terms of colour, shape or size); this does not constitute a defect. The respective technical data and descriptions are authoritative. The Living Circle Group AG reserves the right to remove products from the range or replace them with new products at any time.
4. delivery
The Living Circle Group AG will honour agreed delivery times wherever possible. If these are exceeded by more than six weeks, the customer may set a grace period of at least one month and announce the refusal of acceptance after the deadline has expired. If no agreement is reached on a new delivery date, the customer may withdraw from the contract in writing after the grace period has expired.
Claims for damages due to delayed delivery or impossibility of delivery are excluded, as are claims for loss of profit or other indirect damages. The risk shall pass to the customer as soon as the goods have been handed over to the carrier or have left the warehouse/company, even if The Living Circle Group AG has assumed the transport costs. Transport damage must be claimed from the transport company.
If the ordered goods are not available for reasons for which The Living Circle Group AG is not responsible, the customer will be informed immediately. The Living Circle Group AG is entitled to withdraw from the contract. Payments already made will be refunded immediately. Further claims are excluded.
5. payment
Payment can be made by invoice or credit card. In the case of credit card payment, the amount will be debited immediately. Invoices are due immediately without deduction. From the 30th day after the invoice date, The Living Circle Group AG may charge default interest of 5%, unless otherwise agreed. Cheques shall only be accepted on account of payment; costs shall be borne by the customer. Offsetting is only permitted with undisputed or legally established claims. A right of retention can only be asserted from the same contractual relationship.
6. right of cancellation
Information on the right of cancellation can be found in the cancellation policy.
7. defects
Complaints regarding the scope of delivery, material defects, incorrect deliveries or quantity deviations must be made in writing immediately, but at the latest within one week of receipt of the goods or vouchers. In the event of justified complaints, The Living Circle Group AG will correct the incorrect delivery free of charge or, at its discretion, exchange or take back the products/vouchers or grant a price reduction.
In the event of defective replacement delivery of an e-guma® voucher, the buyer is entitled to cancellation or reduction of the purchase price.
8. customer data
The Living Circle Group AG is authorised to collect, store and process personal data of the customer required in the context of the business relationship, taking into account the duty of care in handling sensitive data.
9. final provisions
The invalidity of individual provisions of these GTC shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a new provision that is as economically equivalent as possible. The place of fulfilment and jurisdiction for all contracts, including these GTC, is Zurich, Switzerland.
1. general
All deliveries and services of The Living Circle Group AG as well as the associated online orders and other online services are subject to these General Terms and Conditions (GTC). Deviating and/or supplementary agreements require the express consent of the management of The Living Circle Group AG and the written form; this also applies to a waiver of the written form requirement.
2. vouchers
In the case of online vouchers, it should be noted that these are sent to the customer by The Living Circle Group AG with a forgery-proof code. As the customer can print out the voucher themselves, several printouts are possible, but only one copy is relevant in terms of value and can be redeemed. The first voucher redeemed using an e-guma® voucher management system with the corresponding code is regarded as the original and must be debited by The Living Circle Group AG immediately after redemption. Should further copies with the same code appear, this constitutes misuse and will result in criminal prosecution. There is no entitlement to fulfilment, delivery or compensation on the part of The Living Circle Group AG if an attempt is made to redeem several vouchers with the same code, even if the first redeemer is not the rightful owner of the voucher. As a voucher can be passed on or given as a gift, there is no obligation or possibility on the part of The Living Circle Group AG to check the right of ownership of the redeemer. When the voucher is redeemed, it is only checked whether the corresponding e-guma® voucher number has been authorised by the system and the voucher has been paid for.
The e-guma® vouchers are generally valid for two years (see date and validity period on the voucher). After this period has expired, The Living Circle Group AG is not obliged to accept the voucher. Lost vouchers will not be replaced. Cash payment is excluded. If the value of the voucher is more than the service consumed, the remaining amount will be credited in full for future services. There is no entitlement to cash payment of the remaining amount. Unpaid vouchers will not be accepted as a means of payment.
For operational reasons, the services listed in the voucher can only be guaranteed if a reservation has been made in good time. This applies in particular to accommodation and group vouchers. The service described in the voucher may vary slightly depending on the circumstances, but may not represent a relevant reduction in value. If The Living Circle Group AG closes or gives up a business, the e-guma® vouchers expire without entitlement to compensation. This also applies in the event of a verifiable change of ownership. Recourse to The Living Circle Group AG as the original issuer is excluded.
3. products
All products offered by The Living Circle Group AG are provided to the best of our knowledge and belief. Product images in the online shop may differ from the actual products in individual cases (e.g. in terms of colour, shape or size); this does not constitute a defect. The respective technical data and descriptions are authoritative. The Living Circle Group AG reserves the right to remove products from the range or replace them with new products at any time.
4. delivery
The Living Circle Group AG will honour agreed delivery times wherever possible. If these are exceeded by more than six weeks, the customer may set a grace period of at least one month and announce the refusal of acceptance after the deadline has expired. If no agreement is reached on a new delivery date, the customer may withdraw from the contract in writing after the grace period has expired.
Claims for damages due to delayed delivery or impossibility of delivery are excluded, as are claims for loss of profit or other indirect damages. The risk shall pass to the customer as soon as the goods have been handed over to the carrier or have left the warehouse/company, even if The Living Circle Group AG has assumed the transport costs. Transport damage must be claimed from the transport company.
If the ordered goods are not available for reasons for which The Living Circle Group AG is not responsible, the customer will be informed immediately. The Living Circle Group AG is entitled to withdraw from the contract. Payments already made will be refunded immediately. Further claims are excluded.
5. payment
Payment can be made by invoice or credit card. In the case of credit card payment, the amount will be debited immediately. Invoices are due immediately without deduction. From the 30th day after the invoice date, The Living Circle Group AG may charge default interest of 5%, unless otherwise agreed. Cheques shall only be accepted on account of payment; costs shall be borne by the customer. Offsetting is only permitted with undisputed or legally established claims. A right of retention can only be asserted from the same contractual relationship.
6. right of cancellation
Information on the right of cancellation can be found in the cancellation policy.
7. defects
Complaints regarding the scope of delivery, material defects, incorrect deliveries or quantity deviations must be made in writing immediately, but at the latest within one week of receipt of the goods or vouchers. In the event of justified complaints, The Living Circle Group AG will correct the incorrect delivery free of charge or, at its discretion, exchange or take back the products/vouchers or grant a price reduction.
In the event of defective replacement delivery of an e-guma® voucher, the buyer is entitled to cancellation or reduction of the purchase price.
8. customer data
The Living Circle Group AG is authorised to collect, store and process personal data of the customer required in the context of the business relationship, taking into account the duty of care in handling sensitive data.
9. final provisions
The invalidity of individual provisions of these GTC shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a new provision that is as economically equivalent as possible. The place of fulfilment and jurisdiction for all contracts, including these GTC, is Zurich, Switzerland.