Terms Of Use
1. The website BuyClub.ch (‘BuyClub.ch’ or the ‘site’) offers vouchers for services or products of other companies (‘partners’). The issuers of vouchers and parties liable for the specified goods or services are exclusively the corresponding partners, which provide these services pursuant to their own respective terms and conditions. BuyClub.ch may not be held liable for the provision of vouchers for the specified services or the supply of specified goods, but only for the right the voucher grants for the enjoyment of the partner services. The use of BuyClub.ch services is subject to the following Terms of Use. The vouchers sold by BuyClub.ch refer to a particular service (event voucher), a particular product (goods voucher), or a particular performance or value (value voucher)
2. The BuyClub.ch site and system of vouchers for sale are owned by:
GenevaOnline SARL
5 Ave de la Foret
1202 Geneva
Phone: 078-883-6005
Email: admin@BuyClub.ch
3. The Terms of BuyClub.ch are accepted by either confirming the ‘I accept BuyClub.ch’s terms & conditions’ checkbox during the purchase process or by effectively using the provided Service. In this case, you acknowledge that BuyClub.ch considers the use of its Services as acceptance of these Terms. These Terms can be reviewed, saved, or locally printed at any time at /terms-privacy/
4. End User Conduct
This Site and any individual sites or merchant-specific, city-specific, or state-specific sites now or hereinafter contained within or otherwise available through external hyperlinks with our Site (the “Microsites”) are private property. All interactions on this Site and/or the Microsites must comply with these Terms of Use. End users must restrict any and all activity in connection with the use of this Site and the Microsites to that which involves lawful purposes only. End User shall not post or transmit through this Site any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without BuyClub.ch’s express prior, written approval, contains advertising or any solicitation with respect to products or services. Any conduct by an End User that in BuyClub.ch’s exclusive discretion restricts or inhibits any other End User from using or enjoying this Site and/or any of the Microsites is strictly prohibited. End User shall not use this Site or any of the Microsites to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Site and/or the Microsites to become users of other on- or offline services directly or indirectly competitive or potentially competitive with BuyClub.ch. Any conduct by an End User that in BuyClub.ch’s exclusive discretion constitutes a breach of our terms of use will result in the immediate termination of the end user’s account without warning or explanation.
5. Purchasing a Voucher on BuyClub.ch:
5.1 Press the "Buy" button on the deal page.
5.2 Select the desired number of vouchers.
5.3 Enter your account details and credit card information.
5.4 Accept the Terms of Use and press the "Purchase This Deal" button to submit your order.
5.5 Should the minimum number of participants be reached, we will process your payment, and send you your vouchers by email.
5.6 Print the vouchers and redeem them at the corresponding Partner business or appropriate partners.
6. Purchase Period
The purchase period for a voucher is limited in time and is determined individually for each BuyClub.ch offer. No purchases shall be allowed once the voucher purchase period ends. Purchase periods may be changed without warning at any point.
7. Payments
7.1Customer payments shall be charged only after the minimum number of participants for a deal has been reached. Should we fail to reach the required minimum number of participants, the deal shall be deemed incomplete hence no impact to your account or credit card shall ensue.
7.2 The voucher sale shall be deemed completed only if BuyClub.ch processes your payment successfully. Should the payment be rejected (e.g. account does not exist, insufficient funds, incorrect credit card number, or credit limit reached) the voucher sale shall be deemed not completed.
8. Vouchers General Terms
8.1 After a successful purchase, and provided the required minimum number of participants for the deal has been reached, the voucher will be submitted via e-mail to the e-mail address you provided upon ordering.
8.2. All vouchers are imprinted with a unique code, which partners will compare with their own code list upon redemption. Vouchers may be transferred. Copying, editing or manipulating the vouchers shall not be allowed. BuyClub.ch reserves the right, should a reasonable suspicion of unauthorized duplication exist, to disclosed stored information with the corresponding partner and initiate legal action.
8.3 Unless otherwise specified, each voucher can only be redeemed once at a partner. Should the voucher value be partially consumed or a corresponding service not fully enjoyed, the unused portion shall be forfeited. No refunds shall be given for un-used portions of a voucher.
8.4 Unless otherwise specified, the voucher will not entitle its holder to the use of services or the purchase of goods at a particular time. We therefore recommend that the date of service is individually agreed with the chosen partner.
8.5 Each voucher has specific terms which will be displayed under the ‘Fine Print’ section of the deal, and on the voucher you receive. Voucher specific terms supersede any inconsistent terms in this Agreement, except to the extent such terms are prohibited by applicable law.
9. Voucher Validity Period & Redeeming Vouchers
9.1 Vouchers showing a valid period may only be redeemed within that period at the partner. Unless otherwise required by applicable law, a voucher that is not redeemed by the end of its valid period will be cancelled and will no longer be valid.
9.2 BuyClub.ch ensures Partners will redeem vouchers, i.e. providing services in the secure conditions of the voucher, provided you present them within the voucher validity period. Should a partner not redeem a voucher for reasons unrelated to the Customer, BuyClub.ch shall reimburse the latter for the price paid for the voucher. BuyClub.ch shall not be required to provide any further reimbursement and / or compensation. BuyClub.ch assumes no responsibility for the products purchased by the customer at the partner or for the services received. Services are provided to customers by partners on their own account and name hence BuyClub.ch shall not be liable before the customer for breach of duty of a partner upon service delivery. Should problems arise upon voucher redemption or service provision, BuyClub.ch will endeavour to find a solution. Should this be the case, write us an e-mail to admin@BuyClub.ch or contact us by phone.
10. Cancelling a purchase:
You may cancel your purchase any time before the minimum number of required purchasers is reached by clicking on the ‘Cancel Purchase’ link in your ‘My Vouchers ' page. Once the minimum number of required purchases is reached, you can not cancel your purchase.
11. Refunds:
11.1 BuyClub.ch does not offer refunds of any sort, with the exception of section 11.2 to this document.
11.2 We will provide a refund of the purchase price of the voucher in the following cases:
· if you are unable to redeem a Voucher before the applicable expiration of the Voucher because the relevant Merchant has gone out of business,
· if you are or unable to redeem a Voucher before the applicable expiration of the Voucher because the relevant merchant refuses to honor a voucher
11.3 The refund request must be sent to admin@BuyClub.ch or to:
GenevaOnline SARL
c/o Nir Ofek
5 Ave de la Foret
1202
Geneva
12. BuyClub.ch reserves the right to amend, limit, or discontinue the scope and functionality of the website at any time. Although we shall made all reasonable efforts to provide our service without interference, maintenance, development, and / or other issues may limit or temporarily interrupt its potential utilization. These circumstances may result in a potential data loss. BuyClub.ch shall not be held liable for the availability of the Service or lack thereof or the absence of interference or data loss.
13. Copyrights
BuyClub.ch and its partners retain all copyright and other rights to the Service, and to the published content, information, images, videos, and databases (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 BuyClub.ch or of the corresponding partner are therefore expressly prohibited.
14. Collection and use of personal data
Upon the purchase of a voucher, you provide consent for BuyClub.ch to use your personal data, including your name (first and last name), address, telephone number, your e-mail address, in order to further contact you to provide exclusive offers or selective information on BuyClub.ch news. You have the possibility, at any time and without providing any reason whatsoever, to withdraw your consent in the future. The consent withdrawal must be submitted via e-mail to admin@BuyClub.ch. After your withdrawal we shall no longer use your data for these purposes.
15. Modified Terms
BuyClub.ch may amend these Terms, from time to time, for example, to implement legal requirements or to reflect changes to functionality. Should you wish to review Terms of Use currently in effect, please see /agb. You have the right discontinue the use our service should you no longer agree with the amended Terms of Use.
16. Should any provisions of these Terms of Use or of the contract entered into with the business partner be deemed invalid, in whole or in part, this shall not affect the validity of the remainder.
17. Swiss law shall apply without prejudice to the UN Sales Convention (CISG).
18. Member Disputes
You are solely responsible for your interactions with other BuyClub.ch Members. BuyClub.ch reserves the right, but has no obligation, to monitor disputes between you and other Members.
19. Disclaimers
BuyClub.ch is not responsible for any incorrect or inaccurate Content posted on the BuyClub.ch Website or in connection with the BuyClub.ch Services, whether caused by Users of the BuyClub.ch Services or by any of the equipment or programming associated with or utilized in the BuyClub.ch Services. Profiles created and posted by Members on the BuyClub.ch Website may contain links to other websites. BuyClub.ch is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by BuyClub.ch. Inclusion of any linked website on the BuyClub.ch Services does not imply approval or endorsement of the linked website by BuyClub.ch. When you access these third-party sites, you do so at your own risk. BuyClub.ch takes no responsibility for third party advertisements which are posted on this BuyClub.ch Website or through the BuyClub.ch Services, nor does it take any responsibility for the goods or services provided by its advertisers. BuyClub.ch is not responsible for the conduct, whether online or offline, of any User of the BuyClub.ch Services. BuyClub.ch assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. BuyClub.ch is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the BuyClub.ch Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the BuyClub.ch Services. Under no circumstances shall BuyClub.ch be responsible for any loss or damage, including personal injury or death, resulting from use of the BuyClub.ch Services, attendance at a BuyClub.ch event, from any Content posted on or through the BuyClub.ch Services, or from the conduct of any Users of the BuyClub.ch Services, whether online or offline. The BuyClub.ch Services are provided "AS-IS" and as available and BuyClub.ch expressly disclaims any warranty of fitness for a particular purpose or non-infringement. BuyClub.ch cannot guarantee and does not promise any specific results from use of the BuyClub.ch Services.
20. Limitation of Liability
In no event shall BuyClub.ch be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the services, even if BuyClub.ch has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, BuyClub.ch's liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to BuyClub.ch for the BuyClub.ch services during the term of membership.
21. Disputes
If there is any dispute about or involving the BuyClub.ch Services, you agree that the dispute shall be governed by the laws of the City of Geneva, Switzerland, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of Switzerland. Either BuyClub.ch or you may demand that any dispute between BuyClub.ch and you about or involving the BuyClub.ch Services must be settled by arbitration utilizing the dispute resolution procedures of the European Arbitration Association (EAA) in provided that the foregoing shall not prevent BuyClub.ch from seeking injunctive relief in a court of competent jurisdiction.
22. Indemnity
You agree to indemnify and hold BuyClub.ch, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the BuyClub.ch Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the BuyClub.ch Website or through the BuyClub.ch Services causes BuyClub.ch to be liable to another.
23. Other
This Agreement is accepted upon your use of the BuyClub.ch Website or any of the BuyClub.ch Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and BuyClub.ch regarding the use of the BuyClub.ch Services. The failure of BuyClub.ch to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. BuyClub.ch is a trademark of BuyClub.ch, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at: admin@BuyClub.ch with any questions regarding this Agreement.
