General Terms and Conditions
General Terms and conditions (GTC) for Appenzeller Schaukäserei AG (consecutively called Appenzeller Schaukäserei AG), legitimate operator of the e-guma® Voucher Management System of the firm Idea Creation GmbH
1. General
All deliveries and services of Appenzeller Schaukäserei AG, and the therewith associated online orders over the internet and other online services are subject to these General Terms and Conditions (GTC). Deflecting and/or complementing agreements need explicit affirmation of the executive board of Appenzeller Schaukäserei AG and have to be made in writing; the same shall apply to any waiver of this written-form requirement.
2. Vouchers
The online-vouchers are transferred from Appenzeller Schaukäserei AG to the purchasers with an forgery-safe security code. As the purchaser is able to print the voucher himself, several prints are possible, but only one thereof is valid and redeemable. The first voucher with the correct code that is redeemed with an e-guma System is considered the original and has to be immediately validated by Appenzeller Schaukäserei AG. If further vouchers with the same code emerge, it is considered a case of abuse which will result in legal consequences. If a person tries to redeem multiple vouchers with the same code, there will be no entitlement to performance and/or delivery, neither will there be entitlement to compensation on the part of Appenzeller Schaukäserei AG, even if the person redeeming the first voucher is not its legitimate owner. In fact, if someone gives out a voucher with intention to defraud, he or she will be immediately prosecuted for forgery. Generally, the e-guma-Vouchers are valid 5 years. (The period of validity is printed on the voucher). After this period, Appenzeller Schaukäserei AG is no longer bound to accept the voucher. Lost vouchers will neither be replaced nor will cash refunds be made for vouchers. If the value of the voucher is higher than the cost of the consumed service, Appenzeller Schaukäserei AG agrees to grant further services for the full remaining value. In this case there is no right for a cash payment of the remaining value of the voucher. Since a voucher can be given away, Appenzeller Schaukäserei AG is not required to validate if the redeeming person is its legitimate owner. The only things verified at the redemption are if the e-guma-Voucher-Number is actually enabled in the system and whether the according voucher really has been paid for. Appenzeller Schaukäserei AG is not obliged to accept vouchers that have not been paid for. For operative reasons, the services connected to the voucher can only be supplied by Appenzeller Schaukäserei AG if a correct and timely reservation has been made. This is especially true for vouchers for overnight stays and vouchers for groups. According to circumstances, the service of Appenzeller Schaukäserei AG can slightly differ from the description on the voucher, however, this must not result in a decrease in value for the purchaser. If, for any reason, Appenzeller Schaukäserei AG closes down, the e-guma-Vouchers expire without a right for compensation. The same shall apply if the owner of Appenzeller Schaukäserei AG changes. In this case, Appenzeller Schaukäserei AG is not obliged to indemnify potential losses.
3. Delivery
Appenzeller Schaukäserei AG has to meet the specified delivery date as far as possible. If this date is exceeded by more than six weeks, the purchaser is entitled to set an additional respite in writing, with the remark that he or she will not accept the object of purchase (in this case e-guma-Vouchers) after the new deadline. The new deadline has to be set at the earliest one month after the date of writing. If during this period no agreement about a new delivery date is achieved, the purchaser is entitled to resign from the contract by declaring the cancellation in written form. The purchaser has no right to compensation due to delay or impossibility of a delivery. The same shall apply for claims concerning missing profits or other indirect damage. Further claims of the purchaser – especially to deliveries – are barred. Risk and expense devolves to the purchaser as soon as the object of purchase (in this case e-guma-Vouchers) has been handed over to the carrying business. The same shall apply if Appenzeller Schaukäserei AG has paid for the transport expenses. Complaints concerning damage in transit have to be addressed to the carrying business within the prescribed time limit. For consignments done by the purchaser, he or she bears the complete risk, particularly the transportation risk, until the goods arrive at Appenzeller Schaukäserei AG.
4. Payment
Invoices of Appenzeller Schaukäserei AG have to be paid immediately and without any discount. An administration fee of CHF 5 will be charged for payment by invoice. As from the 30th.-day after the date of invoice Appenzeller Schaukäserei AG is entitled to account interest for delay in the amount of 5 %, unless they can prove the need for higher delay of interest or the purchaser can prove a lesser charge for Appenzeller Schaukäserei AG. Any expenses, such as delivery and administration fees, shall be borne by the purchaser.. An offset is only valid with undisputed or judicially established claims. The purchaser can only exercise the right of retention if it is based on the same law of contract.
5. Right of withdrawal
There is no right of cancellation for vouchers that are paid online and printed out. Vouchers that are paid by invoice can be cancelled if the corresponding invoice has not yet been paid and must be returned to the issuer within 3 working days (from the date of issue).
6. Deficiency
Complaints concerning extent of delivery, material defects, misdeliveries and quantity deviation have to be alleged in writing immediately, at the latest one week after receipt of the product (in this case e-guma-Vouchers). If the complaints are justifiable, Appenzeller Schaukäserei AG will emend the deficient delivery free of charge and, with reservations of exclusion at buyers option, replace the vouchers, take them back or grant allowance for them. If, in the case of a replacement, the second compensation delivery is deficient as well, the purchaser has the right to conversion or abatement.
7. Customer data
Appenzeller Schaukäserei AG is entitled to collect, save and process personal data of the purchaser, as for the business appropriate. This considering the appropriate duty of care concerning the sensitive handling of customer data.
8. Concluding terms
The ineffectiveness of several items of this General Terms and Conditions (GTC) is not tangent to the effectiveness of any other items. An ineffective regulation will be replaced with an new regulation which comes as close as possible to the economic impact of the ineffective regulation. Place of fulfillment and place of jurisdiction for contracts, including this General Terms and Conditions (GTC), is Stein (AR), Switzerland.