General Terms and Conditions
A) General Terms and Conditions of Gifting Technologies GmbH for the purchase of Joy gift vouchers
1. SCOPE, CONTRACTING PARTY
1.1 These General Terms and Conditions (“GTC”) apply to the acquisition of Joy gift vouchers.
1.2 In addition to Joy gift vouchers, Joy — in cooperation with loyalty programmes (e.g. Payback, DeutschlandCard) — also issues so-called loyalty gift vouchers. Loyalty gift vouchers are Joy gift vouchers whose acquisition takes place at least in part by means of points from a loyalty programme (e.g. DeutschlandCard) (each a “loyalty gift voucher”). Unless expressly provided otherwise in these GTC, these GTC apply equally to loyalty gift vouchers.
1.3 Your contract is concluded with Gifting Technologies GmbH (“Joy”), Wilmersdorfer Str. 165, 10585 Berlin, tel.: +49 30 754 25086, e-mail: joy@givingjoy.de, internet: www.givingjoy.de.
2. CONCLUSION OF CONTRACT
2.1 The contract is concluded when Joy accepts the offer contained in your order.
2.2 The presentations in the shop do not constitute a legally binding offer by Joy. All your entries are displayed in an order summary before the binding order is placed, where you can correct them. Only by clicking the “Buy now” button do you place a binding order for the Joy gift vouchers listed in the order summary. Confirmation of receipt of your order follows immediately by e-mail and does not yet constitute acceptance of the contract. Acceptance of the contract takes place separately by e-mail.
2.3 Joy stores the contract text and sends you the order data and the GTC as a PDF by e-mail. The GTC can also be viewed, printed and saved in the shop.
2.4 The contract language is German.
3. JOY GIFT VOUCHERS AND LOYALTY GIFT VOUCHERS
3.1 Joy gift vouchers are issued by Joy in the amount selected by you. The Joy gift voucher solely confers a right against Joy under which Joy, upon your instruction, procures gifts of your choice. The exchange of Joy gift vouchers for cash is excluded. Refunds in cash are made exclusively where this is provided for by law (in particular in the event of withdrawal from the purchase of the Joy gift voucher).
3.2 Joy gift vouchers are intended exclusively for private personal use or for passing on as a personal gift. Redemption in the context of commercial, business or professionally motivated purchases is not permitted.
3.3 The Joy gift voucher can be redeemed for goods that are available and obtainable online at the time of redemption. Redemption vis-à-vis third parties is excluded. Excluded from redemption are the product categories listed in Annex 1 (product restrictions) and additionally retrievable in their respective current version at https://givingjoy.de/legal/terms-details.
3.4 A maximum of three (3) Joy gift vouchers may be redeemed per calendar day. The total amount that can be settled per day with Joy gift voucher(s) is limited to EUR 500.00 (hereinafter together the “daily limit”). The daily limit does not restrict your right to redeem in full the voucher value stored on the Joy gift voucher. Any remaining balance following partial redemption is stored on the Joy gift voucher and is available to you on consecutive or any other calendar days within the daily limit. Joy gift vouchers whose nominal value exceeds the daily limit can therefore be redeemed in full by splitting the voucher amount across several calendar days; redemption may take place on consecutive or any other calendar days. No separate application, registration or approval by Joy is required for this. The validity period of the Joy gift voucher pursuant to Section 3.7 remains unaffected.
3.5 Holders of loyalty gift vouchers may redeem a maximum of one (1) loyalty gift voucher per calendar day. Multiple redemptions within the same calendar day are not permitted.
3.6 The Joy gift voucher cannot be used to withdraw cash from third parties, e.g. at ATMs, or to transfer sums of money to third parties. The Joy gift voucher is also not a payment instrument and cannot be used to issue payment orders or be stored as a general payment instrument, and in particular has no IBAN.
3.7 The Joy gift voucher is valid for three (3) years, beginning at the end of the year in which the Joy gift voucher was acquired.
4. DELIVERY TERMS
Joy gift vouchers are provided by e-mail within 60 minutes of conclusion of the contract.
5. PAYMENT TERMS
5.1 All prices are total prices and include the applicable value added tax. Any additional costs that may arise are stated separately.
5.2 The payment methods available to you are payment by credit card (Visa, Mastercard) and PayPal. For payments by credit card and PayPal, the charge is made immediately after conclusion of the contract.
5.3 Payment for loyalty gift vouchers is made using points that you have acquired within the respective loyalty programme (e.g. DeutschlandCard) and in accordance with the conditions applicable under the respective loyalty programme. Any additional payments required are made, at your option, by credit card (Visa, Mastercard) or via PayPal.
5.4 Joy is entitled to carry out a credit check where there is a legitimate interest. Joy does not grant credit or overdrafts in connection with the acquisition or use of the Joy gift voucher.
6. INFORMATION ON THE EXISTENCE OR NON-EXISTENCE OF A RIGHT OF WITHDRAWAL
If you are a consumer, you have a statutory right of withdrawal in accordance with the following withdrawal instructions.
WITHDRAWAL INSTRUCTIONS
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you, or a third party named by you who is not the carrier, take(s) possession of the goods.
To exercise your right of withdrawal, you must inform us (Gifting Technologies GmbH, Wilmersdorferstraße 165, 10585 Berlin, tel.: +49 30 754 25086, e-mail: joy@givingjoy.de) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form for this purpose, although this is not mandatory.
Translator's note: The German source gives tel. +49 172 7659709 in this Part A withdrawal instruction, which conflicts with +49 30 754 25086 used elsewhere. Standardised to +49 30 754 25086 here — please confirm the correct number.
To meet the withdrawal deadline, it is sufficient that you send your communication concerning the exercise of the right of withdrawal before the withdrawal period expires.
Consequences of withdrawal
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 no later than fourteen days from the day on which we receive notification of your withdrawal from this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this reimbursement. We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earlier.
Expiry of the right of withdrawal
You cannot withdraw your contractual declaration if Joy has begun performance of the contract after you have expressly consented to Joy beginning performance of the contract before the end of the withdrawal period and have confirmed your awareness that, by giving your consent, you lose your right of withdrawal upon the commencement of performance of the contract.
END OF WITHDRAWAL INSTRUCTIONS
If you wish to withdraw from the contract, you may use this model withdrawal form:
Model withdrawal form
(If you want to withdraw from the contract, please complete and return this form.)
To:
Gifting Technologies GmbH
Wilmersdorferstraße 165, 10585 Berlin
E-mail: joy@givingjoy.de
I/We (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*): __________________________
Ordered on (*)/received on (*): __________________________
Name of consumer(s): __________________________
Address of consumer(s): __________________________
Signature of consumer(s) (only for notification on paper)
Date
(*) Delete as applicable.
7. IMPORTANT INFORMATION FOR CORPORATE CUSTOMERS
7.1 The use of Joy gift vouchers takes place within the exemption threshold pursuant to Section 8 (1) of the German Income Tax Act (EStG).
7.2 For legal certainty, we recommend obtaining a binding ruling (Anrufungsauskunft) (download here) from your competent business tax office (Betriebsstättenfinanzamt).
7.3 Joy expressly does not provide tax advice.
8. WARRANTY, LIABILITY
The statutory warranty provisions apply. Liability is governed by the statutory provisions.
9. COMPLAINTS, ALTERNATIVE DISPUTE RESOLUTION
9.1 For complaints or general questions about your order, please contact the Joy Service Center. You can reach it by e-mail at joy@givingjoy.de.
9.2 For the out-of-court settlement of consumer disputes, the European Union has set up an online platform, which you can access at http://ec.europa.eu/consumers/odr/. Joy is not obliged and generally not willing to participate in a dispute resolution procedure before a consumer arbitration body.
10. APPLICABLE LAW
German law applies exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
B) General Terms and Conditions of Gifting Technologies GmbH for the procurement of gifts (redemption terms)
1. SCOPE, CONTRACTING PARTY
1.1 These General Terms and Conditions (“GTC”) apply to the procurement of gifts by Gifting Technologies GmbH (“Joy”). Unless expressly provided otherwise in these GTC, these GTC apply equally to the procurement of gifts through the redemption of loyalty gift vouchers.
1.2 Your contract is concluded with Joy, Wilmersdorfer Str. 165, 10585 Berlin, tel.: +49 30 754 25086, e-mail: joy@givingjoy.de, internet: www.givingjoy.de.
2. CONCLUSION OF CONTRACT
2.1 The contract is concluded when Joy accepts the offer contained in your order.
2.2 The procurement of your gift requires that you provide the following information in the order form supplied by Joy:
description of the gift,
shop in which the gift is available,
article number of the gift,
price of the gift (including the shipping costs stated by the shop you selected),
number of gifts.
All your entries are displayed in an order summary before the binding order is placed, where you can correct them. Only by clicking the “Order now for a charge” button do you place a binding instruction to procure the gifts listed in the order summary. Confirmation of receipt of your order follows immediately by e-mail and does not yet constitute acceptance of the contract. Acceptance of the contract takes place separately by e-mail.
2.3 Following your instruction, Joy will acquire your gift from the retailer as buyer in its own name but for your account. Joy thereby becomes the retailer's contracting party and independently owes the purchase price to the retailer. Joy does not owe the procurement of the gift if it is no longer available in the specified shop at the specified price. Joy reserves the right to acquire the gift from a shop other than the one you named.
2.4 Should the price at which Joy acquires the gift be lower than the price you stated, Joy will only charge the price that Joy itself pays.
2.5 Joy stores the contract text and sends you the contract data and the GTC as a PDF by e-mail. The GTC can also be viewed, printed and saved at www.givingjoy.de.
2.6 The contract language is German.
3. REDEMPTION TERMS
3.1 Joy gift vouchers are intended exclusively for private personal use or for passing on as a personal gift. Redemption in the context of commercial, business or professionally motivated purchases is not permitted.
3.2 The Joy gift voucher can be redeemed for goods that are available and obtainable online at the time of redemption. Redemption vis-à-vis third parties is excluded. Excluded from redemption are the product categories listed in Annex 1 (product restrictions) and additionally retrievable in their respective current version at [LINK: /legal/agb-details].
3.3 A maximum of three (3) Joy gift vouchers may be redeemed per calendar day. The total amount that can be settled per day with Joy gift voucher(s) is limited to EUR 500.00. The daily limit does not restrict your right to redeem in full the voucher value stored on the Joy gift voucher. Any remaining balance following partial redemption is stored on the Joy gift voucher and is available to you on consecutive or any other calendar days within the daily limit. Joy gift vouchers whose nominal value exceeds the daily limit can therefore be redeemed in full by splitting the voucher amount across several calendar days; redemption may take place on consecutive or any other calendar days. No separate application, registration or approval by Joy is required for this. The validity period of the Joy gift voucher pursuant to Section 3.6 remains unaffected.
3.4 Holders of loyalty gift vouchers may redeem a maximum of one (1) loyalty gift voucher per calendar day. Multiple redemptions within the same calendar day are not permitted.
3.5 Where there are concrete indications of misuse — in particular unusual redemption patterns that suggest a systematic circumvention of the above conditions and redemption patterns giving rise to a suspicion of money laundering or other criminal acts — Joy is entitled to temporarily block or temporarily withdraw affected Joy gift vouchers. Affected voucher holders will be informed without undue delay and given the opportunity to comment.
3.6 The Joy gift voucher is valid for three (3) years, beginning at the end of the year in which the Joy gift voucher was acquired.
3.7 Joy is entitled to adjust the redemption terms under this Section 3 with effect for the future, provided the adjustment is necessary for one of the following reasons: (a) changes in the statutory or regulatory framework, insofar as these directly affect the provision of services, or (b) supreme court case law that makes an adjustment necessary. The adjustment may only be made to the extent that it is necessary to preserve the original purpose of the contract and reasonable for you; the ratio of performance and consideration agreed at the conclusion of the contract must be substantially maintained. Joy will inform you of any change in text form at least six weeks before it takes effect. In the event of a change, you have the right to terminate the contract free of charge up to the time the change takes effect.
4. DELIVERY TERMS, CANCELLATION
4.1 Gifts are delivered within fourteen [14] working days. Deliveries are limited to Germany.
4.2 If Joy is unable to conclude a purchase contract for the gift within seven [7] working days of your instruction, the order is cancelled. Joy will inform you of this without undue delay, and the voucher value earmarked for the order will be released again; no cash payment is made.
4.3 Working days are all days of the week with the exception of Saturday, Sunday and public holidays in Berlin.
5. FEES AND PAYMENT TERMS
5.1 For the procurement of the gift, you owe the agreed fee.
5.2 If Joy incurs expenses for the purpose of carrying out the instruction that Joy may reasonably consider necessary in the circumstances, you are obliged to reimburse them. This applies in particular to the purchase price paid by Joy for the gift. You must make an advance payment to Joy for the expenses necessary to carry out the instruction.
5.3 Payment of the fee owed and the reimbursement of expenses is made by crediting and cancelling the corresponding portion of your voucher value.
6. INFORMATION ON THE EXISTENCE OR NON-EXISTENCE OF A RIGHT OF WITHDRAWAL
If you are a consumer, you have a statutory right of withdrawal in accordance with the following withdrawal instructions.
WITHDRAWAL INSTRUCTIONS
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you, or a third party named by you who is not the carrier, take(s) possession of the goods.
To exercise your right of withdrawal, you must inform us (Gifting Technologies GmbH, Wilmersdorferstraße 165, 10585 Berlin, tel.: +49 30 754 25086, e-mail: joy@givingjoy.de) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form for this purpose, although this is not mandatory.
To meet the withdrawal deadline, it is sufficient that you send your communication concerning the exercise of the right of withdrawal before the withdrawal period expires.
Consequences of withdrawal
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 no later than fourteen days from the day on which we receive notification of your withdrawal from this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this reimbursement. We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earlier.
You must send back or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you send off the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods. The costs are estimated at a maximum of approximately EUR 19.90.
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.
Expiry of the right of withdrawal
You cannot withdraw your contractual declaration if you have received the gift to be procured for you by Joy and if, before placing the instruction, you have expressly consented to Joy beginning the procurement of the goods before the end of the withdrawal period, transmitted this consent on a durable medium, and confirmed your awareness that your right of withdrawal expires upon full performance of the contract by Joy.
END OF WITHDRAWAL INSTRUCTIONS
If you wish to withdraw from the contract, you may use this model withdrawal form:
Model withdrawal form
(If you want to withdraw from the contract, please complete and return this form.)
To:
Gifting Technologies GmbH
Wilmersdorferstraße 165, 10585 Berlin
E-mail: joy@givingjoy.de
I/We (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*): __________________________
Ordered on (*)/received on (*): __________________________
Name of consumer(s): __________________________
Address of consumer(s): __________________________
Signature of consumer(s) (only for notification on paper)
Date
(*) Delete as applicable.
7. WARRANTY, LIABILITY
The statutory warranty provisions apply. Joy is responsible to you for the statutory warranty in respect of the goods procured by Joy; warranty and other defect rights are to be asserted exclusively against Joy. Joy handles defects, subsequent performance, rescission, price reduction and reversals in its own name vis-à-vis the retailer; there is no referral to the retailer. Liability is governed by the statutory provisions.
Translator's note: The German source uses hello@givingjoy.de for the Service Center in Part B, Section 7.1, whereas joy@givingjoy.de is used elsewhere. Please confirm the correct contact address.
8. COMPLAINTS, ALTERNATIVE DISPUTE RESOLUTION
8.1 For complaints or general questions about your order, please contact the Joy Service Center. You can reach it by e-mail at hello@givingjoy.de.
8.2 For the out-of-court settlement of consumer disputes, the European Union has set up an online platform, which you can access at http://ec.europa.eu/consumers/odr/. Joy is not obliged and generally not willing to participate in a dispute resolution procedure before a consumer arbitration body.
9. APPLICABLE LAW
German law applies exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
General Terms and Conditions
A) General Terms and Conditions of Gifting Technologies GmbH for the purchase of Joy gift vouchers
1. SCOPE, CONTRACTING PARTY
1.1 These General Terms and Conditions (“GTC”) apply to the acquisition of Joy gift vouchers.
1.2 In addition to Joy gift vouchers, Joy — in cooperation with loyalty programmes (e.g. Payback, DeutschlandCard) — also issues so-called loyalty gift vouchers. Loyalty gift vouchers are Joy gift vouchers whose acquisition takes place at least in part by means of points from a loyalty programme (e.g. DeutschlandCard) (each a “loyalty gift voucher”). Unless expressly provided otherwise in these GTC, these GTC apply equally to loyalty gift vouchers.
1.3 Your contract is concluded with Gifting Technologies GmbH (“Joy”), Wilmersdorfer Str. 165, 10585 Berlin, tel.: +49 30 754 25086, e-mail: joy@givingjoy.de, internet: www.givingjoy.de.
2. CONCLUSION OF CONTRACT
2.1 The contract is concluded when Joy accepts the offer contained in your order.
2.2 The presentations in the shop do not constitute a legally binding offer by Joy. All your entries are displayed in an order summary before the binding order is placed, where you can correct them. Only by clicking the “Buy now” button do you place a binding order for the Joy gift vouchers listed in the order summary. Confirmation of receipt of your order follows immediately by e-mail and does not yet constitute acceptance of the contract. Acceptance of the contract takes place separately by e-mail.
2.3 Joy stores the contract text and sends you the order data and the GTC as a PDF by e-mail. The GTC can also be viewed, printed and saved in the shop.
2.4 The contract language is German.
3. JOY GIFT VOUCHERS AND LOYALTY GIFT VOUCHERS
3.1 Joy gift vouchers are issued by Joy in the amount selected by you. The Joy gift voucher solely confers a right against Joy under which Joy, upon your instruction, procures gifts of your choice. The exchange of Joy gift vouchers for cash is excluded. Refunds in cash are made exclusively where this is provided for by law (in particular in the event of withdrawal from the purchase of the Joy gift voucher).
3.2 Joy gift vouchers are intended exclusively for private personal use or for passing on as a personal gift. Redemption in the context of commercial, business or professionally motivated purchases is not permitted.
3.3 The Joy gift voucher can be redeemed for goods that are available and obtainable online at the time of redemption. Redemption vis-à-vis third parties is excluded. Excluded from redemption are the product categories listed in Annex 1 (product restrictions) and additionally retrievable in their respective current version at https://givingjoy.de/legal/terms-details.
3.4 A maximum of three (3) Joy gift vouchers may be redeemed per calendar day. The total amount that can be settled per day with Joy gift voucher(s) is limited to EUR 500.00 (hereinafter together the “daily limit”). The daily limit does not restrict your right to redeem in full the voucher value stored on the Joy gift voucher. Any remaining balance following partial redemption is stored on the Joy gift voucher and is available to you on consecutive or any other calendar days within the daily limit. Joy gift vouchers whose nominal value exceeds the daily limit can therefore be redeemed in full by splitting the voucher amount across several calendar days; redemption may take place on consecutive or any other calendar days. No separate application, registration or approval by Joy is required for this. The validity period of the Joy gift voucher pursuant to Section 3.7 remains unaffected.
3.5 Holders of loyalty gift vouchers may redeem a maximum of one (1) loyalty gift voucher per calendar day. Multiple redemptions within the same calendar day are not permitted.
3.6 The Joy gift voucher cannot be used to withdraw cash from third parties, e.g. at ATMs, or to transfer sums of money to third parties. The Joy gift voucher is also not a payment instrument and cannot be used to issue payment orders or be stored as a general payment instrument, and in particular has no IBAN.
3.7 The Joy gift voucher is valid for three (3) years, beginning at the end of the year in which the Joy gift voucher was acquired.
4. DELIVERY TERMS
Joy gift vouchers are provided by e-mail within 60 minutes of conclusion of the contract.
5. PAYMENT TERMS
5.1 All prices are total prices and include the applicable value added tax. Any additional costs that may arise are stated separately.
5.2 The payment methods available to you are payment by credit card (Visa, Mastercard) and PayPal. For payments by credit card and PayPal, the charge is made immediately after conclusion of the contract.
5.3 Payment for loyalty gift vouchers is made using points that you have acquired within the respective loyalty programme (e.g. DeutschlandCard) and in accordance with the conditions applicable under the respective loyalty programme. Any additional payments required are made, at your option, by credit card (Visa, Mastercard) or via PayPal.
5.4 Joy is entitled to carry out a credit check where there is a legitimate interest. Joy does not grant credit or overdrafts in connection with the acquisition or use of the Joy gift voucher.
6. INFORMATION ON THE EXISTENCE OR NON-EXISTENCE OF A RIGHT OF WITHDRAWAL
If you are a consumer, you have a statutory right of withdrawal in accordance with the following withdrawal instructions.
WITHDRAWAL INSTRUCTIONS
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you, or a third party named by you who is not the carrier, take(s) possession of the goods.
To exercise your right of withdrawal, you must inform us (Gifting Technologies GmbH, Wilmersdorferstraße 165, 10585 Berlin, tel.: +49 30 754 25086, e-mail: joy@givingjoy.de) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form for this purpose, although this is not mandatory.
Translator's note: The German source gives tel. +49 172 7659709 in this Part A withdrawal instruction, which conflicts with +49 30 754 25086 used elsewhere. Standardised to +49 30 754 25086 here — please confirm the correct number.
To meet the withdrawal deadline, it is sufficient that you send your communication concerning the exercise of the right of withdrawal before the withdrawal period expires.
Consequences of withdrawal
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 no later than fourteen days from the day on which we receive notification of your withdrawal from this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this reimbursement. We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earlier.
Expiry of the right of withdrawal
You cannot withdraw your contractual declaration if Joy has begun performance of the contract after you have expressly consented to Joy beginning performance of the contract before the end of the withdrawal period and have confirmed your awareness that, by giving your consent, you lose your right of withdrawal upon the commencement of performance of the contract.
END OF WITHDRAWAL INSTRUCTIONS
If you wish to withdraw from the contract, you may use this model withdrawal form:
Model withdrawal form
(If you want to withdraw from the contract, please complete and return this form.)
To:
Gifting Technologies GmbH
Wilmersdorferstraße 165, 10585 Berlin
E-mail: joy@givingjoy.de
I/We (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*): __________________________
Ordered on (*)/received on (*): __________________________
Name of consumer(s): __________________________
Address of consumer(s): __________________________
Signature of consumer(s) (only for notification on paper)
Date
(*) Delete as applicable.
7. IMPORTANT INFORMATION FOR CORPORATE CUSTOMERS
7.1 The use of Joy gift vouchers takes place within the exemption threshold pursuant to Section 8 (1) of the German Income Tax Act (EStG).
7.2 For legal certainty, we recommend obtaining a binding ruling (Anrufungsauskunft) (download here) from your competent business tax office (Betriebsstättenfinanzamt).
7.3 Joy expressly does not provide tax advice.
8. WARRANTY, LIABILITY
The statutory warranty provisions apply. Liability is governed by the statutory provisions.
9. COMPLAINTS, ALTERNATIVE DISPUTE RESOLUTION
9.1 For complaints or general questions about your order, please contact the Joy Service Center. You can reach it by e-mail at joy@givingjoy.de.
9.2 For the out-of-court settlement of consumer disputes, the European Union has set up an online platform, which you can access at http://ec.europa.eu/consumers/odr/. Joy is not obliged and generally not willing to participate in a dispute resolution procedure before a consumer arbitration body.
10. APPLICABLE LAW
German law applies exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
B) General Terms and Conditions of Gifting Technologies GmbH for the procurement of gifts (redemption terms)
1. SCOPE, CONTRACTING PARTY
1.1 These General Terms and Conditions (“GTC”) apply to the procurement of gifts by Gifting Technologies GmbH (“Joy”). Unless expressly provided otherwise in these GTC, these GTC apply equally to the procurement of gifts through the redemption of loyalty gift vouchers.
1.2 Your contract is concluded with Joy, Wilmersdorfer Str. 165, 10585 Berlin, tel.: +49 30 754 25086, e-mail: joy@givingjoy.de, internet: www.givingjoy.de.
2. CONCLUSION OF CONTRACT
2.1 The contract is concluded when Joy accepts the offer contained in your order.
2.2 The procurement of your gift requires that you provide the following information in the order form supplied by Joy:
description of the gift,
shop in which the gift is available,
article number of the gift,
price of the gift (including the shipping costs stated by the shop you selected),
number of gifts.
All your entries are displayed in an order summary before the binding order is placed, where you can correct them. Only by clicking the “Order now for a charge” button do you place a binding instruction to procure the gifts listed in the order summary. Confirmation of receipt of your order follows immediately by e-mail and does not yet constitute acceptance of the contract. Acceptance of the contract takes place separately by e-mail.
2.3 Following your instruction, Joy will acquire your gift from the retailer as buyer in its own name but for your account. Joy thereby becomes the retailer's contracting party and independently owes the purchase price to the retailer. Joy does not owe the procurement of the gift if it is no longer available in the specified shop at the specified price. Joy reserves the right to acquire the gift from a shop other than the one you named.
2.4 Should the price at which Joy acquires the gift be lower than the price you stated, Joy will only charge the price that Joy itself pays.
2.5 Joy stores the contract text and sends you the contract data and the GTC as a PDF by e-mail. The GTC can also be viewed, printed and saved at www.givingjoy.de.
2.6 The contract language is German.
3. REDEMPTION TERMS
3.1 Joy gift vouchers are intended exclusively for private personal use or for passing on as a personal gift. Redemption in the context of commercial, business or professionally motivated purchases is not permitted.
3.2 The Joy gift voucher can be redeemed for goods that are available and obtainable online at the time of redemption. Redemption vis-à-vis third parties is excluded. Excluded from redemption are the product categories listed in Annex 1 (product restrictions) and additionally retrievable in their respective current version at [LINK: /legal/agb-details].
3.3 A maximum of three (3) Joy gift vouchers may be redeemed per calendar day. The total amount that can be settled per day with Joy gift voucher(s) is limited to EUR 500.00. The daily limit does not restrict your right to redeem in full the voucher value stored on the Joy gift voucher. Any remaining balance following partial redemption is stored on the Joy gift voucher and is available to you on consecutive or any other calendar days within the daily limit. Joy gift vouchers whose nominal value exceeds the daily limit can therefore be redeemed in full by splitting the voucher amount across several calendar days; redemption may take place on consecutive or any other calendar days. No separate application, registration or approval by Joy is required for this. The validity period of the Joy gift voucher pursuant to Section 3.6 remains unaffected.
3.4 Holders of loyalty gift vouchers may redeem a maximum of one (1) loyalty gift voucher per calendar day. Multiple redemptions within the same calendar day are not permitted.
3.5 Where there are concrete indications of misuse — in particular unusual redemption patterns that suggest a systematic circumvention of the above conditions and redemption patterns giving rise to a suspicion of money laundering or other criminal acts — Joy is entitled to temporarily block or temporarily withdraw affected Joy gift vouchers. Affected voucher holders will be informed without undue delay and given the opportunity to comment.
3.6 The Joy gift voucher is valid for three (3) years, beginning at the end of the year in which the Joy gift voucher was acquired.
3.7 Joy is entitled to adjust the redemption terms under this Section 3 with effect for the future, provided the adjustment is necessary for one of the following reasons: (a) changes in the statutory or regulatory framework, insofar as these directly affect the provision of services, or (b) supreme court case law that makes an adjustment necessary. The adjustment may only be made to the extent that it is necessary to preserve the original purpose of the contract and reasonable for you; the ratio of performance and consideration agreed at the conclusion of the contract must be substantially maintained. Joy will inform you of any change in text form at least six weeks before it takes effect. In the event of a change, you have the right to terminate the contract free of charge up to the time the change takes effect.
4. DELIVERY TERMS, CANCELLATION
4.1 Gifts are delivered within fourteen [14] working days. Deliveries are limited to Germany.
4.2 If Joy is unable to conclude a purchase contract for the gift within seven [7] working days of your instruction, the order is cancelled. Joy will inform you of this without undue delay, and the voucher value earmarked for the order will be released again; no cash payment is made.
4.3 Working days are all days of the week with the exception of Saturday, Sunday and public holidays in Berlin.
5. FEES AND PAYMENT TERMS
5.1 For the procurement of the gift, you owe the agreed fee.
5.2 If Joy incurs expenses for the purpose of carrying out the instruction that Joy may reasonably consider necessary in the circumstances, you are obliged to reimburse them. This applies in particular to the purchase price paid by Joy for the gift. You must make an advance payment to Joy for the expenses necessary to carry out the instruction.
5.3 Payment of the fee owed and the reimbursement of expenses is made by crediting and cancelling the corresponding portion of your voucher value.
6. INFORMATION ON THE EXISTENCE OR NON-EXISTENCE OF A RIGHT OF WITHDRAWAL
If you are a consumer, you have a statutory right of withdrawal in accordance with the following withdrawal instructions.
WITHDRAWAL INSTRUCTIONS
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you, or a third party named by you who is not the carrier, take(s) possession of the goods.
To exercise your right of withdrawal, you must inform us (Gifting Technologies GmbH, Wilmersdorferstraße 165, 10585 Berlin, tel.: +49 30 754 25086, e-mail: joy@givingjoy.de) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form for this purpose, although this is not mandatory.
To meet the withdrawal deadline, it is sufficient that you send your communication concerning the exercise of the right of withdrawal before the withdrawal period expires.
Consequences of withdrawal
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 no later than fourteen days from the day on which we receive notification of your withdrawal from this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this reimbursement. We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earlier.
You must send back or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you send off the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods. The costs are estimated at a maximum of approximately EUR 19.90.
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.
Expiry of the right of withdrawal
You cannot withdraw your contractual declaration if you have received the gift to be procured for you by Joy and if, before placing the instruction, you have expressly consented to Joy beginning the procurement of the goods before the end of the withdrawal period, transmitted this consent on a durable medium, and confirmed your awareness that your right of withdrawal expires upon full performance of the contract by Joy.
END OF WITHDRAWAL INSTRUCTIONS
If you wish to withdraw from the contract, you may use this model withdrawal form:
Model withdrawal form
(If you want to withdraw from the contract, please complete and return this form.)
To:
Gifting Technologies GmbH
Wilmersdorferstraße 165, 10585 Berlin
E-mail: joy@givingjoy.de
I/We (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*): __________________________
Ordered on (*)/received on (*): __________________________
Name of consumer(s): __________________________
Address of consumer(s): __________________________
Signature of consumer(s) (only for notification on paper)
Date
(*) Delete as applicable.
7. WARRANTY, LIABILITY
The statutory warranty provisions apply. Joy is responsible to you for the statutory warranty in respect of the goods procured by Joy; warranty and other defect rights are to be asserted exclusively against Joy. Joy handles defects, subsequent performance, rescission, price reduction and reversals in its own name vis-à-vis the retailer; there is no referral to the retailer. Liability is governed by the statutory provisions.
Translator's note: The German source uses hello@givingjoy.de for the Service Center in Part B, Section 7.1, whereas joy@givingjoy.de is used elsewhere. Please confirm the correct contact address.
8. COMPLAINTS, ALTERNATIVE DISPUTE RESOLUTION
8.1 For complaints or general questions about your order, please contact the Joy Service Center. You can reach it by e-mail at hello@givingjoy.de.
8.2 For the out-of-court settlement of consumer disputes, the European Union has set up an online platform, which you can access at http://ec.europa.eu/consumers/odr/. Joy is not obliged and generally not willing to participate in a dispute resolution procedure before a consumer arbitration body.
9. APPLICABLE LAW
German law applies exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
General Terms and Conditions
A) General Terms and Conditions of Gifting Technologies GmbH for the purchase of Joy gift vouchers
1. SCOPE, CONTRACTING PARTY
1.1 These General Terms and Conditions (“GTC”) apply to the acquisition of Joy gift vouchers.
1.2 In addition to Joy gift vouchers, Joy — in cooperation with loyalty programmes (e.g. Payback, DeutschlandCard) — also issues so-called loyalty gift vouchers. Loyalty gift vouchers are Joy gift vouchers whose acquisition takes place at least in part by means of points from a loyalty programme (e.g. DeutschlandCard) (each a “loyalty gift voucher”). Unless expressly provided otherwise in these GTC, these GTC apply equally to loyalty gift vouchers.
1.3 Your contract is concluded with Gifting Technologies GmbH (“Joy”), Wilmersdorfer Str. 165, 10585 Berlin, tel.: +49 30 754 25086, e-mail: joy@givingjoy.de, internet: www.givingjoy.de.
2. CONCLUSION OF CONTRACT
2.1 The contract is concluded when Joy accepts the offer contained in your order.
2.2 The presentations in the shop do not constitute a legally binding offer by Joy. All your entries are displayed in an order summary before the binding order is placed, where you can correct them. Only by clicking the “Buy now” button do you place a binding order for the Joy gift vouchers listed in the order summary. Confirmation of receipt of your order follows immediately by e-mail and does not yet constitute acceptance of the contract. Acceptance of the contract takes place separately by e-mail.
2.3 Joy stores the contract text and sends you the order data and the GTC as a PDF by e-mail. The GTC can also be viewed, printed and saved in the shop.
2.4 The contract language is German.
3. JOY GIFT VOUCHERS AND LOYALTY GIFT VOUCHERS
3.1 Joy gift vouchers are issued by Joy in the amount selected by you. The Joy gift voucher solely confers a right against Joy under which Joy, upon your instruction, procures gifts of your choice. The exchange of Joy gift vouchers for cash is excluded. Refunds in cash are made exclusively where this is provided for by law (in particular in the event of withdrawal from the purchase of the Joy gift voucher).
3.2 Joy gift vouchers are intended exclusively for private personal use or for passing on as a personal gift. Redemption in the context of commercial, business or professionally motivated purchases is not permitted.
3.3 The Joy gift voucher can be redeemed for goods that are available and obtainable online at the time of redemption. Redemption vis-à-vis third parties is excluded. Excluded from redemption are the product categories listed in Annex 1 (product restrictions) and additionally retrievable in their respective current version at https://givingjoy.de/legal/terms-details.
3.4 A maximum of three (3) Joy gift vouchers may be redeemed per calendar day. The total amount that can be settled per day with Joy gift voucher(s) is limited to EUR 500.00 (hereinafter together the “daily limit”). The daily limit does not restrict your right to redeem in full the voucher value stored on the Joy gift voucher. Any remaining balance following partial redemption is stored on the Joy gift voucher and is available to you on consecutive or any other calendar days within the daily limit. Joy gift vouchers whose nominal value exceeds the daily limit can therefore be redeemed in full by splitting the voucher amount across several calendar days; redemption may take place on consecutive or any other calendar days. No separate application, registration or approval by Joy is required for this. The validity period of the Joy gift voucher pursuant to Section 3.7 remains unaffected.
3.5 Holders of loyalty gift vouchers may redeem a maximum of one (1) loyalty gift voucher per calendar day. Multiple redemptions within the same calendar day are not permitted.
3.6 The Joy gift voucher cannot be used to withdraw cash from third parties, e.g. at ATMs, or to transfer sums of money to third parties. The Joy gift voucher is also not a payment instrument and cannot be used to issue payment orders or be stored as a general payment instrument, and in particular has no IBAN.
3.7 The Joy gift voucher is valid for three (3) years, beginning at the end of the year in which the Joy gift voucher was acquired.
4. DELIVERY TERMS
Joy gift vouchers are provided by e-mail within 60 minutes of conclusion of the contract.
5. PAYMENT TERMS
5.1 All prices are total prices and include the applicable value added tax. Any additional costs that may arise are stated separately.
5.2 The payment methods available to you are payment by credit card (Visa, Mastercard) and PayPal. For payments by credit card and PayPal, the charge is made immediately after conclusion of the contract.
5.3 Payment for loyalty gift vouchers is made using points that you have acquired within the respective loyalty programme (e.g. DeutschlandCard) and in accordance with the conditions applicable under the respective loyalty programme. Any additional payments required are made, at your option, by credit card (Visa, Mastercard) or via PayPal.
5.4 Joy is entitled to carry out a credit check where there is a legitimate interest. Joy does not grant credit or overdrafts in connection with the acquisition or use of the Joy gift voucher.
6. INFORMATION ON THE EXISTENCE OR NON-EXISTENCE OF A RIGHT OF WITHDRAWAL
If you are a consumer, you have a statutory right of withdrawal in accordance with the following withdrawal instructions.
WITHDRAWAL INSTRUCTIONS
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you, or a third party named by you who is not the carrier, take(s) possession of the goods.
To exercise your right of withdrawal, you must inform us (Gifting Technologies GmbH, Wilmersdorferstraße 165, 10585 Berlin, tel.: +49 30 754 25086, e-mail: joy@givingjoy.de) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form for this purpose, although this is not mandatory.
Translator's note: The German source gives tel. +49 172 7659709 in this Part A withdrawal instruction, which conflicts with +49 30 754 25086 used elsewhere. Standardised to +49 30 754 25086 here — please confirm the correct number.
To meet the withdrawal deadline, it is sufficient that you send your communication concerning the exercise of the right of withdrawal before the withdrawal period expires.
Consequences of withdrawal
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 no later than fourteen days from the day on which we receive notification of your withdrawal from this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this reimbursement. We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earlier.
Expiry of the right of withdrawal
You cannot withdraw your contractual declaration if Joy has begun performance of the contract after you have expressly consented to Joy beginning performance of the contract before the end of the withdrawal period and have confirmed your awareness that, by giving your consent, you lose your right of withdrawal upon the commencement of performance of the contract.
END OF WITHDRAWAL INSTRUCTIONS
If you wish to withdraw from the contract, you may use this model withdrawal form:
Model withdrawal form
(If you want to withdraw from the contract, please complete and return this form.)
To:
Gifting Technologies GmbH
Wilmersdorferstraße 165, 10585 Berlin
E-mail: joy@givingjoy.de
I/We (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*): __________________________
Ordered on (*)/received on (*): __________________________
Name of consumer(s): __________________________
Address of consumer(s): __________________________
Signature of consumer(s) (only for notification on paper)
Date
(*) Delete as applicable.
7. IMPORTANT INFORMATION FOR CORPORATE CUSTOMERS
7.1 The use of Joy gift vouchers takes place within the exemption threshold pursuant to Section 8 (1) of the German Income Tax Act (EStG).
7.2 For legal certainty, we recommend obtaining a binding ruling (Anrufungsauskunft) (download here) from your competent business tax office (Betriebsstättenfinanzamt).
7.3 Joy expressly does not provide tax advice.
8. WARRANTY, LIABILITY
The statutory warranty provisions apply. Liability is governed by the statutory provisions.
9. COMPLAINTS, ALTERNATIVE DISPUTE RESOLUTION
9.1 For complaints or general questions about your order, please contact the Joy Service Center. You can reach it by e-mail at joy@givingjoy.de.
9.2 For the out-of-court settlement of consumer disputes, the European Union has set up an online platform, which you can access at http://ec.europa.eu/consumers/odr/. Joy is not obliged and generally not willing to participate in a dispute resolution procedure before a consumer arbitration body.
10. APPLICABLE LAW
German law applies exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
B) General Terms and Conditions of Gifting Technologies GmbH for the procurement of gifts (redemption terms)
1. SCOPE, CONTRACTING PARTY
1.1 These General Terms and Conditions (“GTC”) apply to the procurement of gifts by Gifting Technologies GmbH (“Joy”). Unless expressly provided otherwise in these GTC, these GTC apply equally to the procurement of gifts through the redemption of loyalty gift vouchers.
1.2 Your contract is concluded with Joy, Wilmersdorfer Str. 165, 10585 Berlin, tel.: +49 30 754 25086, e-mail: joy@givingjoy.de, internet: www.givingjoy.de.
2. CONCLUSION OF CONTRACT
2.1 The contract is concluded when Joy accepts the offer contained in your order.
2.2 The procurement of your gift requires that you provide the following information in the order form supplied by Joy:
description of the gift,
shop in which the gift is available,
article number of the gift,
price of the gift (including the shipping costs stated by the shop you selected),
number of gifts.
All your entries are displayed in an order summary before the binding order is placed, where you can correct them. Only by clicking the “Order now for a charge” button do you place a binding instruction to procure the gifts listed in the order summary. Confirmation of receipt of your order follows immediately by e-mail and does not yet constitute acceptance of the contract. Acceptance of the contract takes place separately by e-mail.
2.3 Following your instruction, Joy will acquire your gift from the retailer as buyer in its own name but for your account. Joy thereby becomes the retailer's contracting party and independently owes the purchase price to the retailer. Joy does not owe the procurement of the gift if it is no longer available in the specified shop at the specified price. Joy reserves the right to acquire the gift from a shop other than the one you named.
2.4 Should the price at which Joy acquires the gift be lower than the price you stated, Joy will only charge the price that Joy itself pays.
2.5 Joy stores the contract text and sends you the contract data and the GTC as a PDF by e-mail. The GTC can also be viewed, printed and saved at www.givingjoy.de.
2.6 The contract language is German.
3. REDEMPTION TERMS
3.1 Joy gift vouchers are intended exclusively for private personal use or for passing on as a personal gift. Redemption in the context of commercial, business or professionally motivated purchases is not permitted.
3.2 The Joy gift voucher can be redeemed for goods that are available and obtainable online at the time of redemption. Redemption vis-à-vis third parties is excluded. Excluded from redemption are the product categories listed in Annex 1 (product restrictions) and additionally retrievable in their respective current version at [LINK: /legal/agb-details].
3.3 A maximum of three (3) Joy gift vouchers may be redeemed per calendar day. The total amount that can be settled per day with Joy gift voucher(s) is limited to EUR 500.00. The daily limit does not restrict your right to redeem in full the voucher value stored on the Joy gift voucher. Any remaining balance following partial redemption is stored on the Joy gift voucher and is available to you on consecutive or any other calendar days within the daily limit. Joy gift vouchers whose nominal value exceeds the daily limit can therefore be redeemed in full by splitting the voucher amount across several calendar days; redemption may take place on consecutive or any other calendar days. No separate application, registration or approval by Joy is required for this. The validity period of the Joy gift voucher pursuant to Section 3.6 remains unaffected.
3.4 Holders of loyalty gift vouchers may redeem a maximum of one (1) loyalty gift voucher per calendar day. Multiple redemptions within the same calendar day are not permitted.
3.5 Where there are concrete indications of misuse — in particular unusual redemption patterns that suggest a systematic circumvention of the above conditions and redemption patterns giving rise to a suspicion of money laundering or other criminal acts — Joy is entitled to temporarily block or temporarily withdraw affected Joy gift vouchers. Affected voucher holders will be informed without undue delay and given the opportunity to comment.
3.6 The Joy gift voucher is valid for three (3) years, beginning at the end of the year in which the Joy gift voucher was acquired.
3.7 Joy is entitled to adjust the redemption terms under this Section 3 with effect for the future, provided the adjustment is necessary for one of the following reasons: (a) changes in the statutory or regulatory framework, insofar as these directly affect the provision of services, or (b) supreme court case law that makes an adjustment necessary. The adjustment may only be made to the extent that it is necessary to preserve the original purpose of the contract and reasonable for you; the ratio of performance and consideration agreed at the conclusion of the contract must be substantially maintained. Joy will inform you of any change in text form at least six weeks before it takes effect. In the event of a change, you have the right to terminate the contract free of charge up to the time the change takes effect.
4. DELIVERY TERMS, CANCELLATION
4.1 Gifts are delivered within fourteen [14] working days. Deliveries are limited to Germany.
4.2 If Joy is unable to conclude a purchase contract for the gift within seven [7] working days of your instruction, the order is cancelled. Joy will inform you of this without undue delay, and the voucher value earmarked for the order will be released again; no cash payment is made.
4.3 Working days are all days of the week with the exception of Saturday, Sunday and public holidays in Berlin.
5. FEES AND PAYMENT TERMS
5.1 For the procurement of the gift, you owe the agreed fee.
5.2 If Joy incurs expenses for the purpose of carrying out the instruction that Joy may reasonably consider necessary in the circumstances, you are obliged to reimburse them. This applies in particular to the purchase price paid by Joy for the gift. You must make an advance payment to Joy for the expenses necessary to carry out the instruction.
5.3 Payment of the fee owed and the reimbursement of expenses is made by crediting and cancelling the corresponding portion of your voucher value.
6. INFORMATION ON THE EXISTENCE OR NON-EXISTENCE OF A RIGHT OF WITHDRAWAL
If you are a consumer, you have a statutory right of withdrawal in accordance with the following withdrawal instructions.
WITHDRAWAL INSTRUCTIONS
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you, or a third party named by you who is not the carrier, take(s) possession of the goods.
To exercise your right of withdrawal, you must inform us (Gifting Technologies GmbH, Wilmersdorferstraße 165, 10585 Berlin, tel.: +49 30 754 25086, e-mail: joy@givingjoy.de) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form for this purpose, although this is not mandatory.
To meet the withdrawal deadline, it is sufficient that you send your communication concerning the exercise of the right of withdrawal before the withdrawal period expires.
Consequences of withdrawal
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 no later than fourteen days from the day on which we receive notification of your withdrawal from this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this reimbursement. We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earlier.
You must send back or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you send off the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods. The costs are estimated at a maximum of approximately EUR 19.90.
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.
Expiry of the right of withdrawal
You cannot withdraw your contractual declaration if you have received the gift to be procured for you by Joy and if, before placing the instruction, you have expressly consented to Joy beginning the procurement of the goods before the end of the withdrawal period, transmitted this consent on a durable medium, and confirmed your awareness that your right of withdrawal expires upon full performance of the contract by Joy.
END OF WITHDRAWAL INSTRUCTIONS
If you wish to withdraw from the contract, you may use this model withdrawal form:
Model withdrawal form
(If you want to withdraw from the contract, please complete and return this form.)
To:
Gifting Technologies GmbH
Wilmersdorferstraße 165, 10585 Berlin
E-mail: joy@givingjoy.de
I/We (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*): __________________________
Ordered on (*)/received on (*): __________________________
Name of consumer(s): __________________________
Address of consumer(s): __________________________
Signature of consumer(s) (only for notification on paper)
Date
(*) Delete as applicable.
7. WARRANTY, LIABILITY
The statutory warranty provisions apply. Joy is responsible to you for the statutory warranty in respect of the goods procured by Joy; warranty and other defect rights are to be asserted exclusively against Joy. Joy handles defects, subsequent performance, rescission, price reduction and reversals in its own name vis-à-vis the retailer; there is no referral to the retailer. Liability is governed by the statutory provisions.
Translator's note: The German source uses hello@givingjoy.de for the Service Center in Part B, Section 7.1, whereas joy@givingjoy.de is used elsewhere. Please confirm the correct contact address.
8. COMPLAINTS, ALTERNATIVE DISPUTE RESOLUTION
8.1 For complaints or general questions about your order, please contact the Joy Service Center. You can reach it by e-mail at hello@givingjoy.de.
8.2 For the out-of-court settlement of consumer disputes, the European Union has set up an online platform, which you can access at http://ec.europa.eu/consumers/odr/. Joy is not obliged and generally not willing to participate in a dispute resolution procedure before a consumer arbitration body.
9. APPLICABLE LAW
German law applies exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
Our promises
Free delivery
90-day return policy
Flexible payment options
Our payment methods
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