General Terms and Conditions
General Terms and Conditions (GTC) of Idea Creation GmbH (e-surprise and e-guma)
1. Scope of application and general information
These General Terms and Conditions (GTC) of Idea Creation GmbH, Walchestrasse 15, CH-8006 Zurich (hereinafter referred to as "Idea Creation") apply to all business relationships of Idea Creation with its customers for the business area e-surprise and the voucher and ticket system e-guma.
Idea Creation sells voucher offers on behalf of service providers via its website www.e-surprise.ch and via other sales channels (in particular TWINT, social media and advertising partners).
Every natural and legal person who purchases Idea Creation vouchers for services from third parties ("service providers") via www.e-surprise.ch or other sales channels is referred to as a customer.
If a customer purchases vouchers for services via www.e-surprise.ch or via other Idea Creation sales channels, he can redeem these vouchers directly with the relevant service provider. Idea Creation cannot accept vouchers for redemption with service providers.
These GTC apply exclusively. Opposing or supplementary conditions or any deviating from these GTC require the express written confirmation of Idea Creation in order for them to apply.
When purchasing vouchers on www.e-surprise.ch or via other sales channels of Idea Creation, the customer confirms that he fully accepts these GTC.
For better legibility, the masculine form is used in these GTC when referring to persons and special nouns. Corresponding terms apply in principle to all genders in the sense of equal treatment. The abbreviated form of language is for editorial reasons only and does not imply any valuation.
2. Information from Idea Creation
Information as well as brochures and advertising material from Idea Creation on its sales channels, in particular on www.e-surprise.ch, contain information about vouchers and about offers from service providers. Prices and product range are subject to change without notice. All details (voucher and offer descriptions, illustrations, films and other details) are to be understood as approximate values only and in particular do not represent any assurance of properties or guarantees, unless explicitly stated otherwise. Idea Creation endeavours to provide all data and information correctly, completely, up-to-date and clearly, however Idea Creation can neither expressly nor tacitly guarantee this.
Prices are quoted net in Swiss francs (CHF).
Subject to technical modifications, errors and misprints. In particular, Idea Creation may make price changes at any time without prior notice.
If the service provider concerned increases its prices in the period until the voucher is redeemed, the price difference to the voucher shall be borne by the customer.
4. Conclusion of contract and period of validity
The offers in the sales channels of Idea Creation, in particular on www.e-surprise.ch, represent an invitation to the customer to purchase vouchers for third-party services. With the order via sales channels of Idea Creation, including the acceptance of these GTC, in each case a sales contract is concluded between Idea Creation and the customer regarding the service of a third party.
After concluding the contract and after the payment process, the customer has the option to print out the purchased voucher directly on www.e-surprise.ch. In addition, the customer receives an e-mail and has the opportunity to print out the voucher. The customer can redeem the voucher during the validity period of two years since the purchase from the respective service provider. The voucher can be redeemed up to its upper value limit, also in partial amounts. The entire voucher or any remaining amount cannot be paid out in cash.
After the expiry of the validity period of two years since purchase, the voucher expires worthless without compensation. It is the sole responsibility of the customer to monitor the expiry date of the voucher purchased and to redeem the voucher before the expiry date.
Lost vouchers will not be replaced.
5. Payment options
In the case of a voucher purchase, the payment options specified in the order process are available to the customer.
Idea Creation reserves the right to demand advance payment and/or to exclude customers from individual payment options without giving reasons. If the requested advance payment is not received within the deadline, Idea Creation is entitled to withdraw from the contract and to demand compensation.
6. Inspection obligation and notice of defects
The customer is obliged to check the delivered voucher immediately after the download or after its receipt and to notify Idea Creation of any defects in writing by e-mail within three calendar days.
Subsequently, when purchasing products or services from the respective specified service provider, the customer is entitled to pay for the voucher purchased for this purpose.
7. Redemption and warranty
The respective purchase or service contract for the service is always concluded between the service provider and its customer, without any involvement of Idea Creation. The service provider is, however, obliged to have correspondingly suitable vouchers credited to the service in question or, if necessary, to another service. Idea Creation therefore never becomes a contractual partner for the service of the service provider and is therefore not liable in any way for any claims of the service provider or the customer arising from this.
Idea Creation will deliver the voucher requested by the customer in accordance with the customer's order. The service provider is contractually obliged to accept the voucher purchased by the customer in payment. If the latter refuses a trade-in of the voucher for reasons for which the customer is not responsible, this constitutes a defect for which Idea Creation is liable.
Idea Creation rejects each liability, independently of their legal argument, as well as claims for damages against Idea Creation and possible auxiliary persons and executing aides. Idea Creation is not liable in particular for indirect damage and consequential harm caused by a defect, loss of profit or other personal injury, material damage and pure financial loss of the customer or of service providers. Idea Creation is also not liable in any way from the contractual relationship between the service provider and the customer (redeemer of the voucher). Further mandatory legal liability, for example for gross negligence or unlawful intent, remains reserved.
Idea Creation uses hyperlinks on www.e-surprise.ch only for the simplified access of the customer to other web offers. Idea Creation can neither know the content of these web offers in detail nor assume liability or other responsibility for the content of these websites.
Idea Creation is not able to give assurances or guarantees for the up-to-dateness, completeness and correctness of the data as well as for the constant or undisturbed availability of the website, its functionalities, integrated hyperlinks and further contents. In particular, no representation or warranty is made that the use of the website will not infringe rights of service providers not owned by Idea Creation.
9. Data protection
The protection of customers' personal data is important to Idea Creation. The topic of data protection is taken seriously and attention is paid to the corresponding security. Idea Creation processes and maintains personal data in accordance with the provisions of the Swiss Federal Act on Data Protection (DSG), the Ordinance to the Swiss Federal Act on Data Protection (VDSG), the Swiss Telecommunications Act (FMG) and, where applicable, other provisions of data protection law, in particular the European Union's General Data Protection Regulation (GDPR). Apart from that, reference is made to the data protection declaration of Idea Creation, which can be viewed at www.e-surprise.ch.
10. Further provisions
Idea Creation expressly reserves the right to change these GTC at any time, whereby the customer will be informed in advance by e-mail. If the customer does not object within the period of 14 calendar days by e-mail, Idea Creation assumes that the customer agrees to the change in question.
If individual provisions of these GTC are wholly or partially void and/or ineffective, the validity and/or effectiveness of the remaining provisions or parts of such provisions shall remain unaffected. The invalid and/or ineffective provisions shall be replaced by provisions that come as close as possible in economic terms to the meaning and purpose of the invalid and/or ineffective provisions in a legally effective manner. The same applies to any loopholes in regulations.
In the event of disputes, Swiss substantive law shall apply exclusively, to the exclusion of conflict-of-law rules. The UN Convention on Contracts for the International Sale of Goods (CISG, Vienna Sales Convention) is explicitly excluded.
The place of jurisdiction is Zurich.
Zurich, 5 April 2022