Terms and Conditions

For better readability, we refrain from using the feminine form. All expressions apply to all genders.

The most important summarized: You are at least 18 years old or have the consent of the legal guardian. Exchange/return/cancellation after delivery is excluded.

1. Scope

Our offer is directed to private and business customers based in Switzerland or Liechtenstein. By placing an order on offerz.ch or via the Offerz APP (iOS / Android), the buyer expressly accepts the publicly accessible General Terms and Conditions (GTC) before the purchase. The customer also accepts the GTC associated with the purchase of a product from the content provider. The GTC also apply to purchase contracts concluded outside the internet platform/app. Separate conditions may apply to business customers.

2. Prices & Availability

All orders are subject to the prices displayed on the online shop (offerz.ch) or in the app at the time of ordering. Prices are in Swiss Francs and include (if applicable) the current value-added tax. Other discounts/surcharges of any kind are displayed in the shopping cart before purchase. These are daily prices, and there is no right to adjust orders for subsequent price changes. Price and assortment changes reserved. All offers are non-binding until delivery is made. Errors and "typographical errors" (e.g., on promotional materials) reserved. All offers are subject to availability, and the assortment within the app may differ from that on offerz.ch. If products are no longer available, they may be replaced with equivalent ones (e.g., different amounts; 2x50 instead of 1x100, provided there is no disadvantage for the customer, e.g., cumulative use of vouchers).

3. Delivery

Delivery is always digital. There is no physical shipment under any circumstances. In "Own Purchases," the corresponding digital products, which can be used or activated via download codes (numbers, letters, links), are displayed directly on the screen after purchase. Security checks according to Article 5 are reserved. In any case, purchased products via Voucher-Wallet are accessible to the customer for at least 2 years. The customer is responsible for reviewing and saving the respective products (e.g., by downloading). Delivery by email does not take place. Only information is sent via email that the ordered products are available via Voucher-Wallet. The customer must report incorrectly delivered products within 24 hours. Any potentially over-delivered products may be invoiced.

In the case of "Gift Purchases," the buyer does not have access to the purchased products under any circumstances. These are made available to the recipient via a link. Please note the separate conditions for "Gift Purchases" here. The delivery of Own Purchases can take place within 14 days, depending on the product delivery times. Offerz is not liable for incorrectly or belatedly delivered gifts under any circumstances.

4. Payment

The payment methods available to the customer are displayed during the payment process. We reserve the right to exclude payment methods for certain customers, customer groups, or individual products. Corresponding fees/discounts per payment method are indicated during selection. Payments for pre-orderable products must be made immediately. We reserve the right to check the origin and legitimacy of payments according to Article 5 and to reject them retroactively with a fee and reverse them. It is prohibited to use foreign payment methods (e.g., credit cards, PostFinance cards, TWINT) when the orderer/payment method holder differs, unless there is a written specific permission from the payment method holder. This is considered fraud without exception, unless there is a written specific permission from the payment method holder. Payments are processed via SSL. A 3D-Secure function is required for credit card payments. For payment by invoice, SMS verification is required (subject to checks according to Article 5). In the case of bank transfer payments, the order reference must be provided; payments without any reference (e.g., no matching customer address) for an order can be rejected and refunded with a fee unless the customer provides proof of payment. Unauthorized initiated chargeback claims will be charged a fee, which will either be offset against open/future orders or invoiced through legal channels.

4.1. Offerz Credit

Customers have the option to transfer the balance on "Offerz" vouchers to their customer account. This balance will then be used to pay for orders until it is exhausted. If the balance is not sufficient, the remaining amount can be paid using an alternative payment method. A maximum credit of CHF 3,000 can be loaded per customer. Loaded credit expires 24 months after the corresponding top-up and is deducted from the current balance, provided it has not been completely used. There is no entitlement to a cash payout, and it is also not interest-bearing. We are entitled to offset outstanding amounts with the credit. In the event of a permanent account suspension, the credit expires without replacement. Fraud with Offerz vouchers/credit leads to immediate and permanent customer suspension. It is not allowed to purchase Offerz vouchers with credit or apply discounts to Offerz vouchers. Offerz is not liable for improperly used credit under any circumstances. Customers are obligated to use a secure password (at least 8 characters including special characters, numbers, and letters) and secure their smartphone with biometric security when having loaded credit.

5. Security Checks / Fraud Cases

Every order is machine-checked immediately after payment and before execution based on criteria set by us. If certain criteria, which may change from time to time, apply, the order is checked by us. In certain cases, a security check may be necessary. It is then checked whether the orderer is the rightful owner of the payment method, whether there is no unauthorized use, whether there are other unacceptable data (false information, etc.), or whether the ordered products are intended for illegal purposes (fraud, money laundering, extortion, etc.). The customer accepts that we can conduct security checks at any time without prior notice - even after the delivery of the products. The customer accepts that he/she will provide us with the documents and information we deem necessary to verify his/her identity, payment method, and purpose of using the products. These may include, for example, identification documents, photos of cards, screenshots, address documents, extracts, etc. (not exhaustive). Offerz determines the necessary documents/information in each individual case. If the customer refuses the security check or does not respond within the set deadline or a maximum of 7 days from the order date, we will keep the order pending until the customer contacts us and provides the payment with the necessary documents and information, if necessary, a court judgment. Persons authorizing a payment to Offerz AG release us fully from the obligation to repay the payment in the event of fraud. Offerz is entitled to make a corresponding report to the necessary authorities without consulting the customers if there is suspicion of money laundering, misuse of payment methods, extortion, or similar crimes. Offerz has the right to refuse deliveries and to reverse them with fees according to Point 10 if there is suspicion that products are intended for crimes (such as those mentioned above) or if the customer will suffer financial damages (love scam, marketplace fraud, etc.). Offerz reserves the right to reimburse amounts in such cases only upon presentation of a confirmation of the report of this crime to the authorities. If the customer/victim refuses to report for whatever reason, we will charge a separate fee. Fees are visible under Point 10. In case of possible financial damages for customers who give vouchers to fraudsters or handle their assets carelessly and show no insight, Offerz AG reserves the right to involve the Child and Adult Protection Authority (KESB) in hardship cases.

6. Exchange, Return, Cancellation

Once the order is placed, neither cancellation, exchange, nor return of products is possible. An exchange is only possible if no products have been delivered. Offerz has the option to cancel orders at its own discretion (e.g., violation of terms and conditions). In the event that the customer is responsible for the cancellation, a fee will be charged. Fees are visible under Point 10. For cancellations caused by Offerz (e.g., unavailability), Offerz bears the costs.

7. Product Data & Special Conditions

Offerz acts as an intermediary between the customer and content providers for the sale of vouchers/value cards/credit (price-bound products). For other products, Offerz acts as the seller. The products are subject to individual conditions (GTC) of the respective content providers. The conditions are visible on the product page (usage instructions/description) before purchase. By placing an order, the customer acknowledges having read and fully accepted these conditions. The customer is responsible for ensuring that the conditions (e.g., minimum age, available countries, etc.) are met. Additional conditions may apply to the purchase of certain products. For certain products, it may be necessary to verify the identity using suitable measures (SMS verification, age verification, signing certain documents & uploading ID; not exhaustive). Offerz is not liable for incorrectly ordered, unusable products where the customer does not meet/cannot meet the conditions of the provider. In case of doubt, the customer must clarify this in advance.

8. Customer Data

As part of our activities, we collect complete customer data, including first name, last name, street, ZIP code, city, email, and phone number. We collect this data for security reasons. Advertising is sent only digitally and only with prior consent (except for important information). Every customer is obliged to provide correct data. Otherwise, we are not obliged to execute orders and can, if the customer does not accept the security check, withdraw from the order and demand a fee. The customer always has the right to correct the data before a cancellation. In cases of fraud, it is allowed for Offerz to share the data with third parties such as authorities/police without informing or asking for permission from the customer. We reserve the right to collect further data about customers that are individually necessary for the execution of orders (see Article 5). Customers who assume foreign identities or represent themselves as such and especially use foreign IDs for verification may also commit crimes. Customers are obliged to use only their own IDs and also their own phone numbers for verification. If foreign data is identified, the customer account or associated accounts can be closed without warning. The customer must then prove with suitable means that he/she is entitled to the account and vouchers.

9. Data Protection

The privacy policy is an integral part of these terms and conditions and can be found here.

10. Fees

• Cancellation of orders; 20% of the order value, minimum CHF 5 (1)
• Refusal to report to the police regarding fraud cases: CHF 100
• Other customer/order-related expenses for fraud investigations: CHF 120/hour (1)
• Unauthorized chargeback requests: CHF 20 per case
• Reminder costs: CHF 15 per reminder from the first one (2)
• Debt enforcement fee: CHF 50 per case (2)
• Interest: 5% from the order date (2)
• Payments at the post office counter: CHF 5 flat fee (to be added to the order amount) (3)

All claims can be offset against payments. Offerz reserves the right to reduce or waive fees in individual cases. In principle, the customer/payer is liable for the damage caused by them, not Offerz or third parties.

The fees in group (1) are always offset against the credited amount and are cumulative. (Fees resulting from the cancellation of orders billed via POWERPAY will be collected by Offerz AG, fees (2) applicable).

The fees in group (2) apply to invoices issued by Offerz AG.

(3) If the fee is not added to the payment by the customer, we are not obliged to process the order.

Fees are levied based on completed orders. Fees are intended to compensate for damages resulting from fraud and payment defaults. Please read our guide on "Gift Card Fraud" here. If you are asked to send gift cards as payment for anything, do not order and do not send gift cards! Unfortunately, the fees must be included in the terms and conditions, as we handle many such cases.

11. Limitation of Liability

Offerz AG excludes, to the extent permitted by law, any liability for the delivered and sold products. We are not liable for damages arising when orders are placed in good faith in someone else's name and are settled by third parties (e.g., with incorrect reference details, deception, or fraud). The data necessary for the transfer provides information about our payee. We are not liable for damages arising when products are used by third parties. An exchange of products is only possible if it can be proven that the wrong product was delivered by us (the product name is decisive).

12. Additional Provisions

If one or more of these clauses are legally ineffective, they will be replaced by one that is valid and closest in meaning. There is no price guarantee for prepayments as long as the payment does not arrive within 5 days of the order. It is not allowed to own more than one account per person. Attempts to deceive and fraud can be reported. Offerz is not obligated to refund payments of fraudulent origin. Refunds for fraudulently made payments will only be made based on police reports against the perpetrators, provided Offerz agrees and the circumstances allow it; otherwise, a court judgment must be obtained (fees under point 10 will be charged in any case). All product texts, product information, redemption instructions, and terms of use are binding exclusively in German. For translation errors or sentences that deviate from the German version in French, English, and Italian, we disclaim any liability and refer to the German original.

13. Jurisdiction

All relationships are subject to Swiss law. Exclusive place of jurisdiction is Thun (BE).

These terms and conditions are valid until replaced.

Blumenstein, January 2024