Wishcard UK GmbH, Rosental 6, 80331 Munich, Germany, telephone number: +44-2045 773107, e-mail address: info@every-wish.co.uk, registered at the Local Court of Munich (Amtsgericht München), HRB 303088, VAT identification number: DE329263839, represented by its managing directors Verena Argauer, Dr. Andreas Betzer and Valentin Schütt ("Provider", "we", "us"), is the issuer of various voucher products, including the Everywish Voucher.
The following General Terms and Conditions ("GTC") apply to the sale of Everywish Vouchers to you (whether these are physical or digital Everywish Vouchers) as a consumer. Terms and conditions that conflict with or deviate from these GTC shall not apply unless the Provider expressly agrees to their application in writing.
CHAPTER A: GENERAL PROVISIONS
1.
CONCEPT OF THE EVERYWISH VOUCHERS
1.1
The issuer of the EVERYWISH Voucher is the Provider. EVERYWISH Vouchers are universal vouchers with which the bearer of the voucher can purchase vouchers with the same balance (face value of the voucher) of our partners ("Partner Vouchers") included in our current portfolio at
www.every-wish.co.uk. EVERYWISH Vouchers are not accepted or technically processed by third parties. The value of the EVERYWISH Voucher cannot be paid out in the form of cash.
1.2
In particular, the EVERYWISH Vouchers cannot be used for cash withdrawals, bank transfers, the purchase of foreign currencies or cryptocurrencies or as a general means of payment (including with our partners). Everywish Vouchers can be purchased as gifts, however you cannot resell Everywish Vouchers.
1.3
EVERYWISH vouchers expire two years after the end of the year in which the respective EVERYWISH Voucher was acquired.
1.4
Each EVERYWISH Voucher is an independent voucher that is not an equivalent of any Partner Voucher. When purchasing EVERYWISH Vouchers, a contract is only entered into with the Provider and not with one of our partners.
1.5
Our service team is available to answer any questions or complaints you may have about the EVERYWISH vouchers or Partner Vouchers during regular business hours by telephone at
+44-2045 773107 or e-mail at
info@every-wish.co.uk. We will endeavour to provide you with the best possible support for all questions relating to the EVERYWISH voucher and/or the Partner Voucher.
2.
OUR PORTFOLIO OF PARTNER VOUCHERS
2.1
Information regarding our portfolio of Partner Vouchers and our partners can be found at
www.every-wish.co.uk.
2.2
We are not under any obligation to cooperate with or offer a particular partner as part of the vouchers on offer at any time. If a partner ceases to be part of the program, you will no longer be able to redeem any EVERYWISH vouchers to obtain Partner Vouchers from the respective partner. This shall also apply in the event that a partner was advertised as a partner at the time the EVERYWISH voucher was purchased.
3.1
The Provider assumes the warranty for defects of the EVERYWISH vouchers and Partner Vouchers obtained by redeeming the EVERYWISH vouchers in accordance with applicable law.
3.2
The Provider guarantees that the Partner Voucher obtained by redeeming the EVERYWISH voucher confers a valid and enforceable claim against the respective partner for the purchase of the goods or services offered by that partner (in the case of the EVERYWISH voucher also including third-party providers integrated on the website of the respective partner) corresponding to the respective face value of the Partner Voucher. The redemption of the Partner Voucher is subject to the following: (i) Provider's general terms and conditions; (ii) the relevant terms and conditions for the redemption of vouchers of our partners and additional terms presented to you as part of the redemption process.
4.1
We are only responsible for losses you suffer caused by us breaking the contract unless the loss is: (i) unexpected, avoidance by you or a business loss.
4.2
We are not responsible if our supply of the Voucher Product is delayed by an event outside our control (such as delays with the delivery company due to their labour strikes or shortages), we contact you as soon as possible to let you know and do what we can to reduce the delay.
4.3
We are also not responsible if you provide us with incorrect or incomplete information for example a delivery address is incorrect. If you inform us that the address is incorrect, we will try to amend this on the order but we cannot guarantee that we will be able to do so.
4.4
Please keep your WGS voucher in a safe place and prevent any unauthorized third parties from gaining knowledge of the code of your WGS voucher. We accept no liability for the loss, theft or any illegibility of WGS vouchers for which we are not responsible.
6.
JURISDICTION AND CHOICE OF LAW
6.1
As a UK based customer, these terms are governed by English law and you can bring legal proceedings in respect of the Products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Products in either Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Products in either the Northern Irish or the English courts.
6.2
English law shall apply exclusively to these GTCs, and any application of the UN Convention on Contracts for the International Sale of Goods shall be excluded.
In the event that any provisions of these GTC are or become invalid in whole or in part, the validity of the remaining provisions or parts of such provisions shall remain unaffected. Any invalid or missing provisions shall be replaced by the respective statutory provisions.
CHAPTER B: CONDITIONS FOR THE SALE OF EVERYWISH VOUCHERS IN THE ONLINE-SHOP
The provisions of this Chapter B apply exclusively to the sale of EVERYWISH vouchers ("Voucher Product") by the Provider via the online shops at www.every-wish.co.uk ("Online Shop").
1.
CONCLUSION OF CONTRACT
1.1
By submitting your order through clicking the "Purchase Now" button, you make a binding offer to purchase the corresponding Voucher Product, which we can accept by explicitly declaring our acceptance. Immediately after completing the order, you will receive an order confirmation by e-mail – this order confirmation is not acceptance.
1.2
Acceptance of your offer occurs upon execution of the order. Depending on the Voucher Product you have ordered, these will be delivered to you either by post or by email.
1.3
If a voucher of the desired value is not available, we reserve the right to deliver the desired face value of the Voucher Product as partial vouchers in order to be able to process your order in a timely fashion.
For physical Voucher Products, shipping costs may be charged in addition to the prices quoted. Please refer to our list of shipping costs for any shipping costs that may be incurred. Any shipping costs will be clearly specified as part of your order.
3.1
We take payment on acceptance. We generally offer the following payment methods: credit card (MasterCard/VISA), Paypal, Google Pay and Shop Pay. Regarding each order, we reserve the right not to offer certain payment methods and to refer you to other payment methods.
3.2
Your Voucher Products will only be activated once payment has been received. If there is a subsequent reclamation (e.g. due to insufficient coverage or suspected fraud), we will immediately suspend the Voucher Product until the payment has been made.
4.1
Delivery will be made to the address provided at checkout. The delivery time: (a) for physical Voucher Products is 3 – 7 business days. It is not possible to collect the Voucher Products yourself; and (b) for digital Voucher Products is usually within 15 Minutes.
4.2
The Voucher Product can also be delivered directly to the person receiving it as a gift. To this end, please enter the name and address of the person receiving the gift during the checkout process.
5.
ACTIVATION OF THE VOUCHER PRODUCT FOR PHYSICAL VOUCHERS ONLY
5.1
If you order physical Voucher Products for dispatch by post in the Online Shop, you will be informed by e-mail once your Voucher Product has been dispatched. This e-mail will include a confirmation link. Once you have received your Voucher Product, use the link to confirm receipt of the Voucher Product. If the Voucher Product is delivered directly to the person receiving it as a gift, please only confirm receipt of the Voucher Product once the recipient has confirmed to you that they have received the Voucher Product.
5.2
The Voucher Product is only pre-activated once this confirmation has been received and can be used to purchase a Partner Voucher following final activation. The activation may take up to 24 hours.
6.
ISSUES WITH YOUR PURCHASE
6.1
If there is something wrong with your Voucher Product (for example, the amount on the Voucher Code is wrong, or the redemption code is damaged on the physical voucher) or you are struggling to redeem the Voucher Product, contact our Customer Services Team at
info@every-wish.co.uk. We are obligated by law to provide you with products that are as described to you on our website and that meet all the requirements imposed by law.
6.2
If there are any issues with a physical Voucher Product, we may require you to return this to us.
We will store the text of the contract and send you the order details and our GTC by e-mail. You can also access the GTC here on this page at any time. For security reasons, your previous orders are no longer accessible via the Internet.
8.1
If you order the Voucher Products via our Online Shop as a consumer, i.e. as a natural person who enters into a legal transaction for purposes that are predominantly outside their commercial or their self-employed professional capacities, you may change your mind as follows:
Instructions on Withdrawal / Right to Cancel
You have the right to cancel this contract within 14 days after we deliver the Voucher Product to you without giving any reason.
To exercise the right, you must inform us (Wishcard UK GmbH, Rosental 6, 80331 Munich, Germany, telephone number: +44-2045 773107, e-mail address: info@every-wish.co.uk) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but you do not have to.
To meet the deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the 14 days period has expired.
Effects of Withdrawal/cancellation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods (if any). You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. The reimbursement will be made using the same account that you used for the payment.
If you do not inform of us your intention to cancel within the 14 day period, you will lose this cancellation right.
End of Instructions on Withdrawal
8.2
If you wish to withdraw from the contract, you can use the following model withdrawal form:
Model Withdrawal Form
(If you wish to withdraw from the contract, please complete this form and return it to us.)
To Wishcard UK GmbH, Rosental 6, 80331 Munich, Germany, e-mail address: info@every-wish.co.uk
I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods:
Ordered on (*) / received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:
(*) Delete as appropriate.
