Terms and Conditions

General Terms and Conditions

In cases of doubt or if these are any uncertainties, the currently valid German version of these General Terms and Conditions will always apply.

Version: 26 November 2018

1 Subject Matter of the Contract and Scope

1 On the website www.my-store.ch (hereinafter «My-Store.ch«), which is operated by DeinDeal AG (hereinafter «DeinDeal»), the following deals are offered to you for sale on preferential terms each time for a limited period as part of sales campaigns (hereinafter «deals»):

  • Vouchers for the purchase of other companies’ goods and services (hereinafter «vouchers»); and

  • Other companies’ goods and services (hereinafter «products»).

2 DeinDeal’s services here are limited to the operation of My-Store.ch, the publication and promotion of the deals, the technical processing of the contract conclusion, the forwarding of corresponding confirmations (vouchers or order confirmations) the forwarding of products as well as the money collection of the corresponding purchase prices. With reference to the purchase of the vouchers DeinDeal (as operator of My-Store.ch) however acts only as agent for the companies that offer the vouchers through My-Store.ch (hereinafter «Partners»). When purchasing vouchers a sales contract is always concluded directly between you and Partners. DeinDeal is not your direct contractual partner in this regard.

3 These general terms and conditions (hereinafter «Terms») apply exclusively to the use of My-Store.ch, DeinDeal’s services (as operator of this website) and all related legal relationships.

4 My-Store.ch is operated by:

DeinDeal AG

Okenstrasse 4 - 6

8037 Zurich

E-Mail: customer_service@my-store.ch

5 The Terms are accepted either by selecting the corresponding checkbox in the order process, or by you actually using the service. The Terms may be called up at My-Store.ch under Terms & Conditions and printed out or stored locally at any time.

2 Provisions for the Purchase of Vouchers

6 The following provisions of this Title no. 2 apply exclusively to the purchase of vouchers (for the purchase of products, see Title no. 3 below).

2.1 General provisions

7 DeinDeal (as operator of My-Store.ch) offers the vouchers on behalf of the respective Partners, sells these vouchers, takes receipt of your payment and forwards these to the Partners.

8 The voucher entitles you to purchase our Partner’s goods or services. As a rule, this is only for a certain period on preferential terms as per the detailed description of the deal. If a period of validity is mentioned on the voucher, the voucher may be redeemed with the Partner only in this period of validity. If you do not redeem the voucher within the period of validity, you will thereby forfeit your right to purchase the corresponding goods or service and the voucher will lapse without compensation.

9 The sale of the voucher will only be achieved if DeinDeal could successfully book your payment. If the payment is not successful at first attempt (because e.g. the credit card number is false or the credit card was overdrawn), the sale of the voucher will not be achieved.

10 The voucher is stored in your My-Store.ch account after a successful purchase and is available for download and printout as a PDF. It contains all relevant data that is required for the redemption.

11 All vouchers are provided with a code number, which the Partner matches with a list made available to it during the redemption. Vouchers are transferable. The copying, editing or manipulation of vouchers is not permitted. DeinDeal (as operator of My-Store.ch) reserves the right to instigate legal proceedings in the event of a misuse.

12 Unless provided otherwise in the description of the deal, a voucher may only be redeemed once. Any voucher value not used up shall be forfeited. A reimbursement is not possible.

13 The period of the sales campaign is limited in time and is stated individually per deal by DeinDeal (as operator of My-Store.ch). After the expiry of the time period, no further purchase of vouchers is possible.

14 The Partners in question alone are responsible for the proper and flawless provision and performance and the goods and services to be purchased with the vouchers and DeinDeal (as operator of My-Store.ch) accepts no liability for this. Should problems arise during the redemption of the voucher or during the provision of the goods and/or services to be purchased under this, however, DeinDeal (as operator of My-Store.ch) will attempt to find a solution. The contact with DeinDeal (as operator of My-Store.ch) must be made via contact form or by telephone during the period of validity of the voucher.

2.2 Possibility of Revocation in General

15 You have the right to revoke the purchase of the voucher in writing within a period of 30 (thirty) days (e.g. by letter of e-mail). The time period shall run from the time of your purchase. Despatch of the letter of revocation within the stipulated period is sufficient for adherence to this period of notice.

16 After redemption of the voucher with the Partner a revocation is no longer possible.

17 The letter of revocation must be sent to:

DeinDeal AG

Okenstrasse 4 - 6

8037 Zurich

email: customer_service@my-store.ch

18 In the event of an effective revocation, the voucher purchased by you will be invalid and your payment will be reimbursed to you within 30 (thirty) days from receipt of your declaration of revocation.

2.3 Possibility of revocation for hotel vouchers and trips

19 After successful revocation at DeinDeal (as operator of My-Store.ch) as laid down in Title no. 2.2. you are additionally responsible yourself for the cancellation at the hotel or travel operator. The same applies in the event of any re-bookings. From the time of the booking at the hotel or travel operator the corresponding hotel’s or travel operator’s general terms and conditions will apply in any case. Please observe strictly the cancellation and rebooking periods indicated in these. Any cancellation or rebooking costs will be borne by you.

3 Provisions in the Purchase of Products

20 The following provisions of this Title no. 3 apply exclusively to the purchase of products (for the purchase of vouchers see Title no. 2 above).

3.1 General provisions

21 You acknowledge that the products on My-Store.ch can only be offered at preferential terms because several customers purchase the corresponding products at the same time and at the same non-negotiable terms as part of a sales campaign and DeinDeal (as operator of My-Store.ch) accordingly can obtain and / or arrange for delivery of products by a product supplier at preferential terms.

3.2 Product suppliers

22 DeinDeal (as operator of My-Store.ch) has decided not be systematically a member of a sales and distribution network for certain articles. This applies especially for the brands Abercrombie & Fitch, Apple, Arc'teryx, Asics, Bearpaw, Burberry, Breitling, Banana Moon, Calvin Klein, Avène, Klorane, René Furterer, Thomas Sabo, Canada Goose, Casio, Chloé, Decléor, Christian Louboutin, Dr Hauschka, EMU Australia, Fendi, Fossil, Google Glass, GoPro, Gucci, Tempur, Bultex, Bulgari, Prada, Rimowa, Havaianas, Hollister, Hugo Boss, Icebreaker, Kerastase, Les fleurs de Bach, Lacoste Vêtements, Longchamp, L'Occitane en Provence, L'Oréal, Marc by Marc Jacobs, Mammut, Marmot, C.P. Company, Bally, Tru Virtu, Emporio Armani, Mercedes Benz, Merell, Michael Kors, Moschino, Mustela, Nespresso, Nike, Nuxe, Patagonia, Saint Laurent Paris, Salomon, Leonor Greyl, Somatoline Cosmetic, Scotch & Soda, Stella McCartney, Superdry, TAG Heuer, TechnoMarine, Oakley, The Body Shop, Tory Burch, Uniqlo, US Polo, Vanessa Bruno, Vero Moda, Vilebrequin, Pyrenex, Peuterey, Guess, Polo Ralph Lauren, OPI, Kartell, MAC Cosmetics, Estée Lauder, Clinique, Vans, Bobbi Brown, Furla, Balenciaga, Caudalie, Pandora, Spotify, Starbucks Coffee Company, Axel Arigato, Kiehls, Jott Just over the top, Victorinox, UGG Australia, Pyrenex, Peuterey, Dolce & Gabbana, MCM Worldwide, Herschel, Tous, APM Monaco, Omega, Tissot, Longines, Swarovski, Artemide, Joseph Joseph, La Prairie, Clarins, Cluse, Kapten & Son, Rosefield, Stone Island, Hogan, Tod’s, Adidas, Fjällräven, Sothys Paris, Durance, Repetto, Dakine, On Running, Tiffany & Co, Woolrich, Samsonite, Woolrich John Rich & Bros, La Martina, Daniel Wellington, Rossignol, Baobab Collection, Moncler and Montblanc, Secrid, Macdonald, which are on offer on My-Store.ch. DeinDeal (as operator of My-Store.ch) is therefore in a position to offer you genuine brand articles at preferential terms in a legal manner expressly approved by the Swiss Federal Court.

3.3 Alcoholic drinks

23 Alcoholic drinks are not sold to young persons under 18 years of age. During the order process accordingly you must confirm that you are 18 years old or older. If this minimum age is not reached, your offer will not be accepted and no contract can be concluded. You are obliged to provide truthful details about your identity. DeinDeal (as operator of My-Store.ch) reserves the right to request a copy of your identity document or similar vouchers in order to determine your age without indicating grounds.

3.4 Delivery methods

24 Deliveries are made only within Switzerland to the address that is indicated during the registration or the order (hereinafter «address»).

25 If the address is defective or incomplete or if the goods and/or services cannot be delivered during the usual business times DeinDeal (as operator of My-Store.ch) accepts no responsibility for the delivery of the product. DeinDeal (as operator of My-Store.ch) reserves the right to withdraw from the contract should the delivery be unsuccessful twice. Payments already made by you are in this case will be reimbursed minus the shipping costs caused.

26 The shipping fees are at your account. The total amount of the shipping fees incl. VAT is indicated on the website during the order process and may vary depending on the offer or type of product.

27 Details of the availability and the periods of delivery will be indicated in the course of the sale.

28 DeinDeal (as operator of My-Store.ch) assumes no liability in the case of a theft, loss or any damage of a package after shipment in proper form.

29 Piece goods are delivered free curb. A delivery to your floor and installation may be possible depending on the shipping company but are not included in the purchase price if not mentioned otherwise.

30 In cases of force majeure the delivery period shall be prolonged accordingly. Force majeure is considered in particular to be strike, lockout, governmental interventions, energy and raw material shortages, transport bottlenecks, operational disturbances e.g. through fire, water, machine damage and lightning strike and all other disturbances, such as e.g. later delivery by product suppliers, which DeinDeal (as operator of My-Store.ch) could not foresee and was not responsible for.

31 DeinDeal (as operator of My-Store.ch) will inform you by e-mail in the event of a delay. However, this shall not lead to any entitlement to a reimbursement of costs or compensation in any case.

3.5 Retention of title

32 Title to the products will be transferred to you only upon the complete payment of the purchase price. DeinDeal (as operator of My-Store.ch) is entitled to arrange for the entry of a corresponding retention in the competent retention of title register. By confirming these Terms you give your consent in all essential points to the entry of such retention of title. In addition, you are obliged to confirm once again your consent in all essential points to DeinDeal (as operator of My-Store.ch) at first request to the entry of the retention of title (Art. 4 (4) of the Swiss Federal Court Regulation on the Entry of the Retention of Title [Verordnung des Bundesgerichts über die Eintragung der Eigentumsvorbehalte]). Until the complete payment of the respective purchase price you are not authorised to resell a product.

3.6 Right of revocation

33 Subject to items no. 38 and 39 of these Terms, you have the right to revoke an order at any time before receipt of the delivery without stating grounds through the contact form or to return this up to 30 (thirty) days after receipt to DeinDeal (as operator of My-Store.ch). The goods must be sent back to us undamaged and complete, in the original packaging (including label) together with the delivery note within 30 (thirty) days after receipt.

34 For this, please use the return label, which is enclosed with your package. In this way you have the guarantee that your return consignment will be returned to the correct address and be processed quickly and without errors.

35 If orders from My-Store.ch are returned the postage costs for the return consignment will be borne by you. This also applies to cancellations of orders that you have not received yet but which have already left our warehouse and whose delivery can no longer be stopped.

36 You have the possibility to return your package either by post or via Päckli point collection point (participating collection points are shown at www.paeckli-punkt.ch) at a lower price.

37 If a return is due to an error committed by My-Store, the paid amount is refunded to the credit card used for payment. Shipping fees for the return shall be refunded by gift voucher. In any other case of return, the customer shall be offered a gift voucher.

38 The return consignment is however excluded for

  • Goods that are made in accordance with the customer’s specifications,

  • Goods that are clearly tailored to personal requirements,

  • Goods that can perish rapidly,

  • Goods whose expiry date was exceeded,

  • Audio or video recordings or for software of the delivered data carriers were unsealed,

  • Newspapers and magazines,

  • Goods that are not suitable for return for health protection or hygiene reasons and whose sealing was removed after the delivery,

  • food.

39 The return consignment is especially excluded for the following products:

  • Underwear and bathing suits,

  • Sex toys,

  • Articles from special offers (e.g. sales),

  • Articles for the notice «no return possible».

Should the above-mentioned products be defect, incomplete or in a poor condition, they can nevertheless be returned. In this case, DeinDeal (as operator of My-Store.ch) will attempt to find a replacement article. Should this not be possible, a reimbursement of the purchase price will be made.

40 DeinDeal (as operator of My-Store.ch) reserves the right to reduce the amount of the credit item proportionately in the event of the deterioration of the product and for benefit drawn if the use or the deterioration is attributable to dealings with the product which go beyond the check of the properties and functioning. «Check of the properties and functioning» is understood to be the testing and trying out of the product, for example as this possible and usual in the store.

3.7 Default

41 If the delivery is not made within 30 (thirty) days after the expiry of the delivery period indicated in the detailed description, you will have the right to withdraw from the contract. Payments already made will not be reimbursed in this case. Any further obligation to pay damages by DeinDeal (as operator of My-Store.ch) is excluded.

3.8 Faulty and defective goods

42 Please check the delivery as soon as possible.

43 If the delivered product does not correspond to the ordered product, the delivered product is faulty (e.g. defective, whereby the defect is not attributable to your fault) or the delivery is incomplete, you must notify this to DeinDeal (as operator of My-Store.ch) within 2 (two) working days through the contact form or by telephone. At the same time you must state whether you would like to withdraw from the contract or wish to receive a subsequent delivery.

44 Then you have to send back the delivered product in its original packaging within 30 (thirty) working days. You will receive corresponding instructions and assistance from our Customer Care department.

45 DeinDeal (as operator of My-Store.ch) assumes no procurement risk. DeinDeal (as operator of My-Store.ch) is only obliged to deliver from the existing product stocks and the quantity order and delivered by the product suppliers of DeinDeal (as operator of My-Store.ch). In particular, you acknowledge that DeinDeal (as operator of My-Store.ch) does not manufacture the products by itself, that DeinDeal (as operator of My-Store.ch) does not have the corresponding capacities to repair defective products and that it is in any case impossible or possible only at disproportionate cost implications for DeinDeal (as operator of My-Store.ch) to procure replacement products at all or within a reasonable period from product suppliers.

46 If you withdraw from the contract, you will be reimbursed with the full purchase price.

47 If a subsequent delivery of a product is not possible for reasons outside of the responsibility of DeinDeal (as operator of My-Store.ch), DeinDeal (as operator of My-Store.ch) assumes no liability and is not obliged to pay damages based on this.

3.9 Manufacturer’s warranty

48 All product-specific details are based on information from our product suppliers. DeinDeal (as operator of My-Store.ch) uses these details for purely information purposes and can therefore not be made responsible for their content. This likewise applies to the photos of the articles, which are shown in agreement with our Partners.

49 You acknowledge that DeinDeal (as operator of My-Store.ch) does not produce the products by itself and does not assume any manufacturer’s warranty. Such manufacturer’s warranties exist at best if these are stipulated in the detailed description of the product concerned or where applicable on packaging inserts or warranty notices, which are delivered with the product. Claims based on such manufacturer’s warranties in this regard made be directed only against the respective product supplier or guarantor (and not against DeinDeal (as operator of My-Store.ch)). DeinDeal (as operator of My-Store.ch) hereby assigns any own claims under such manufacturer’s warranties with reference to the product concerned to you and grants you, if such an assignment is not possible, a corresponding authorisation to exercise rights.

4 Prices

50 All sales prices are indicated in Swiss francs and include already any VAT. The shipping fees and possible fees related to the payment are calculated separately and listed in the order summary. The total cost of the order may depend on the type of shipping and the payment method.

5 Payment methods

51 Before completion of the order process you have the possibility to select the payment type. The following possibilities are available:

  • Payment by credit card, PostFinance Card or PostFinance e-finance: In the case of payment of the purchase order the purchase price is due immediately for payment and the account is debited upon the completion of the order.

  • Payment via PayPal payment service: The general terms and conditions of PayPal: http://www.paypal.ch. apply. By confirming a purchase order you expressly declare that you agree to PayPal’s general terms and conditions.

6 Credits

52 Any credit in form of voucher or credit note on your My-Store.ch account can be used for purchases on MyStore.ch. Please note that those need to be redeemed before the end of the order process.

53 Credits cannot be paid out in cash or yield interest.

54 Any credits, vouchers or credit notes shall expire not later than two (2) years after the respective issue date if not mentioned otherwise.

7 Limitation of Liability

55 It is expressly agreed that your legal remedies in the event of poor or non-fulfilment is limited to the right of revocation as laid down in Title no. 3.6 of these Terms as well as to the claims as laid down in Title no. 3.8 of these Terms and any further liability, obligation to pay damages or other assertion of a claim by DeinDeal (as operator of My-Store.ch) is excluded if such an exclusion is permitted by law.

56 In other respects DeinDeal (as operator of My-Store.ch) is liable only for your damage that was brought about intentionally or with gross negligence by employees of DeinDeal (as operator of My-Store.ch). For damage due to slight negligence no liability is assumed. If permitted by law, the liability for damage caused by vicarious agents is excluded.

8 Changes in Services and Technical Errors

57 DeinDeal (as operator of My-Store.ch) reserves the right to amend, restrict or suspend the scope and the functionalities of My-Store.ch at any time.

58 Although DeinDeal (as operator of My-Store.ch) makes every effort to ensure maximum availability, it cannot be excluded that My-Store.ch will temporarily not be available through preventive maintenance work. In isolated cases this can also result in a loss of data. DeinDeal (as operator of My-Store.ch) is not liable for any disruptions in the availability of My-Store.ch or any data losses.

59 In cases in which prices on My-Store.ch are shown incorrectly due to technical errors, both you as well as DeinDeal (as operator of My-Store.ch) are entitled to declare a contract regarding the purchase of vouchers or products to be non-binding. The burden of proof regarding the technical error in this regard will be borne by DeinDeal (as operator of My-Store.ch). Payments already made will be reimbursed to you without undue delay.

60 The Partners and product suppliers concerned alone are responsible for the proper and flawless provision and performance of the goods and services to be purchased with the vouchers as well as the products , and DeinDeal (as operator of My-Store.ch) does not assume any liability whatever in this regard.

9 Intellectual Property

61 DeinDeal (as operator of My-Store.ch) and its Partners and product suppliers retain all copyrights and other rights to My-Store.ch and DeinDeal.ch as well as the contents, information, images, videos and database published through My-Store.ch and DeinDeal.ch («copyrighted property»). Any alteration, copying, publication, disclosure to a third party and/or other exploitation of the copyrighted property without prior written consent of DeinDeal (as operator of My-Store.ch) is expressly prohibited.

10 Prohibition of Commercial Usage

62 Any commercial use of the goods which, in particular the resale to a third party, is strictly prohibited.

63 A person who operates such a commercial use is excluded from the online sales offered on My-Store.ch and held accountable for any damage incurred by DeinDeal (as operator of My-Store.ch).

11 Data Protection

64 You will be notified and informed in detail about the nature, scope and purpose of the collection, processing and use of the personal data required for executing orders by DeinDeal (as operator of My-Store.ch) in the data protection provisions. The data protection provisions are an integral part of these Terms and may be called up at My-Store.ch. By accepting these Terms you consent also to the data protection provisions.

12 Amendment of the Present Terms

65 DeinDeal (as operator of My-Store.ch) may amend these Terms at any time for example in order to implement legal requirements or take into account changed functions. You can find the currently applicable provisions on My-Store.ch. Should you not agree to the amended Terms, you can unfortunately no longer use our service.

13 Miscellaneous Provisions

66 Severability clause: Should one provision of these Terms be or become invalid or null and void, this shall not affect the validity of the other provisions. In the case of the invalidity or nullity and voidness of a provision this must be replaced by a valid provision that approximates most closely to the economic purpose of the invalid provision.

67 Applicable law: Swiss law shall apply to the exclusion of the provisions of private international law and UN Sale of Goods law (CISG).

68 Legal venue: The court of Zurich shall have exclusive jurisdiction for all disputes from or in connection with these Terms, the legal relationships falling under these and the contracts concluded through My-Store.ch with a Partner. DeinDeal (as operator of My-Store.ch) and its Partners with which you conclude a contract are however authorised also to assert their rights at your domicile or before any other competent authority.

14 Conditions concerning best price guarantee

69  We guarantee the best prices on all orders made on our website. However, if you were to find an equivalent offer at a lower rate on a different website within 24 hours after your purchase on DeinDeal AG websites, and subsequently inform us within the next 48 hours, we will refund the price difference in accordance with following terms and conditions.

70  Conditions for price comparison:

  • The comparable price is publicly accessible and offered by a company registered in Switzerland
  • Same product reference number
  • Same size
  • Same color
  • Same currency
  • Comparable shipping costs
  • Same arrival and departure dates
  • Same room categroy and number of people
  • Same services/benefits
  • Same terms of payment
  • Same booking conditions
  • Same cancellation and change policy

71  How to make a request:

If your purchase fulfills all the criteria outlined above, you may send your request by e-mail to customer_service@my-store.ch including the order reference and all information on the comparable rate such as link to the website and screenshot.

We reserve the right to modify or cancel, at any time and without prior notice, the best price guarantee policy and its related benefits. We furthermore reserve the right to decide whether the price promise is applicable or deem that one of the conditions mentioned above is not met. The right to appeal is not allowed. The best price guarantee does not apply where prohibited by law.

15 Conditions concerning the "No Stress Guarantee" on our deals

72  What is the "No Stress Guarantee" on our deals

DeinDeal.ch and My-store.ch offer a large choice of premium deals. If, for any reason, you cannot benefit from a purchased offer, we have decided to facilitate your life and will, one month after expiration of the coupon, issue a shopping voucher, valid for 30 days for all our deals and products.

     That means:

  • You buy a coupon deal with "No Stress Guarantee"
  • The "No Stress Guarantee" is solely valid for coupon deals in which the guarantee is explicitly mentioned
  • 30 days before your coupon expires, you will receive a reminder e-mail
  • 30 days after expiration date: If your coupon has not been redeemed yet, you will receive a shopping voucher in the amount of the initially purchased deal
  • This shopping voucher stays at your free disposal in your user account for 30 days. Thereafter, the voucher expires
  • IMPORTANT: This procedure will be released automatically if the purchased coupon deal disposes of the "No Stress Guarantee"

 

16 Conditions concerning our "Travel" offers

73  For certain travel offers, DeinDeal AG collaborates with a tour operators. By benefitting from these offerrs, you accept our partner's  T&C.

Consulting  the travel offers on our e-commerce platforms:

The travel offers organized and provided by the tour operator partners with DeinDeal AG are illustrated and detailed in descriptions or in the shopping cart of our e-commerce platforms or on the websites hosted by our partners.

Conclusion of the contract with the partner tour operator:

In order to buy a travel offer during the sale event on our e-commerce platforms the member needs to accept the partner's T&C when confirming the shopping cart. The reservation may then be made directly with the partner tour operator.

Payment and Confirmation:

DeinDeal AG exclusively acts as intermediate in the commercial relation between the members and the tour operators; therefore, reservation, payment and confirmation are made directly and exclusively with the partner tour operators. This is one of the reasons why purchase vouchers from DeinDeal.ch or My-Store.ch may not be used as means of payment on our e-commerce platforms.

Customer service follow-up:

Any question with regards to the orders shall be treated by the partner's customer service. Especially the follow-up shall be done by the partner's customer service on his website. Of course, DeinDeal AG always remains at the member's disposal for any queries concerning the functioning of our e-commerce platforms, possible technical problems or other questions. The tour operators also remain at disposal for any query. Their contact information will figure in the description of the respective offer.

Zurich, 26 November 2018