General Terms and Conditions

General Terms and Conditions of Business of cadooz GmbH for the sale of Manor gift cards (rev.: April 2018)

1. Scope

1.1 These General Terms and Conditions of Business (“GTC”) apply to the acquisition of Manor AG (“Manor”) gift cards (“Gift Cards”), including accompanying items relating thereto, through cadooz GmbH (“cadooz”).

1.2 These GTC apply exclusively to natural persons and legal entities, and to partnerships possessing legal personality, who are acting in exercise of their commercial or independent professional activities, and to non-profit legal entities (“Corporate Customer”). Consumers are not authorized to submit orders through the Manor sales portal at www.manor-portal.cadooz.com (“Gift Card Portal”).

1.3 Contracts are entered into solely subject to these GCT. Divergent or supplementary terms and conditions of business on the part of the Corporate Customer apply only if cadooz has acknowledged them in writing.

2. Entry into contract

2.1 Manor has engaged cadooz to operate the Gift Card Portal. Purchase agreements for the acquisition of Gift Cards are brought about between the Corporate Customer and cadooz. No Manor loyalty points are credited when the Gift Card is purchased.

2.2 A purchase agreement between the Corporate Customer and cadooz is made when cadooz accepts the offer contained in the Corporate Customer’s purchase order. A description of the Gift Cards and accompanying items does not constitute a legally binding offer. Before a purchase order becomes legally binding, all information entered by the Corporate Customer is displayed in a summary of the purchase order, in which the Corporate Customer may correct the information. By clicking the “Submit Order” button, the Corporate Customer submits to cadooz a binding purchase order for the Gift Card contained in the shopping cart, and for the accompanying item, and simultaneously accepts the GCT. Receipt of the purchase order is confirmed by e-mail immediately after the Corporate Customer submits the purchase order. In this confirmation of receipt of the purchase order, cadooz at the same time accepts the contract.

2.3 cadooz stores the text of the contract, consisting of the purchase order data and the GCT, and in addition sends it to the Corporate Customer by e-mail. The Corporate Customer may also view the GCT at www.manor-portal.cadooz.com at any time.

2.4 German, French, Italian and English are available as contractual languages.

3. Delivery

3.1 If a contract is brought about between cadooz and the Corporate Customer, cadooz is obligated to deliver the ordered Gift Cards and accompanying items to the Corporate Customer or, if so instructed by the Corporate Customer, to a third party. As a rule, delivery is made within three business days from when the contract is entered into and, if payment in advance is agreed, from receipt of payment. If the Corporate Customer discloses personal data of third parties to cadooz, the Corporate Customer undertakes that the provided data are correct and that providing and using the data for the purpose of shipping are permitted under data protection law.

3.2 The Gift Cards are issued by Manor and embody a right granted by Manor to receive goods or services. Manor’s terms of redemption (including any preclusive period for redeeming the Gift Cards) apply in relation to the right embodied by the Gift Card. When the Gift Cards are redeemed, cadooz is neither required to provide the goods or services nor liable for proper provision of the goods or services by Manor. The Gift Cards cannot be redeemed for cash or exchanged for other gift cards.

3.3 The Gift Cards are delivered in electronic or physical form according to the Corporate Customer’s purchase order. The Corporate Customer bears the risk associated with electronic delivery or delivery by mail.

3.4 It is the Corporate Customer’s responsibility to inspect the Gift Cards immediately upon delivery and to give notice promptly of any defects or inconsistencies with its order.

3.5 cadooz is entitled to make use of third parties in the performance of its duties.

4. Duties of the Corporate Customer

4.1 If the Corporate Customer registers with cadooz for the Gift Card Portal, the Corporate Customer is obligated to treat the provided access data confidentially and undertakes that only persons who are authorized to submit purchase orders acquire knowledge of the access information.

4.2 The Corporate Customer itself is responsible for activating the ordered physical Gift Cards in the Gift Card Portal. Once activated, the Gift Card with the credit loaded onto it may be used as a means of payment in Manor stores and at manor.ch.

4.3 The Corporate Customer is not permitted to resell acquired Gift Cards to end customers, or to pass them on to third parties for the purpose of sale, without the prior written permission of Manor.

4.4 If individualized Gift Cards are produced according to specified drawings, designs, or other models (collectively “Models”) specified by the Corporate Customer, then the duty to ascertain whether proprietary rights of third parties are thereby infringed is borne solely by the Corporate Customer. If use of the Corporate Customer’s Models results in an infringement of proprietary rights, the Corporate Customer is obligated to indemnify and hold harmless cadooz and Manor from and against all claims for damages by third parties and to reimburse any costs of litigation.

4.5 Unilateral statements by the Corporate Customer (e.g. reminders or deadline notices) must be made in writing to be valid.

5. Prices, payment terms

5.1 Value-added taxable services for shipping, layouting, or individual card production are, to the extent that they are subject to the turnover tax, to be understood as plus the statutory value-added tax.

5.2 Unless otherwise agreed, the Corporate Customer is obligated to make payment in advance. The ordered Gift Cards are delivered after the consideration to be remitted is paid in full.

5.3 The Corporate Customer is entitled to exercise a set-off only with such counterclaims as have been declared final and absolute or are not in dispute.

6. Liability

6.1 cadooz is liable in full to the Corporate Customer for willful misconduct and gross negligence. For other negligent action, cadooz is liable exclusively for

  • personal injury
  • damage for which cadooz must answer based on mandatory provisions of law (in particular, product liability law), and
  • damage owing to a breach of material duties that jeopardizes achievement of the purpose of this Agreement, or of material duties whose performance it is that makes proper performance of this Agreement possible and upon whose performance the contractual partner normally may rely (“Cardinal Duties”).
In the event of a breach of Cardinal Duties, liability on the part of cadooz for simple negligence is limited to contractually typical damage and damage that is foreseeable at the time of entry into contract.

6.2 cadooz regularly inspects its electronic data processing and incoming and outgoing e-mails for viruses. cadooz assumes no liability for damage resulting from viruses should such damage occur despite this inspection.

7. Data protection

The Corporate Customer and cadooz undertake to observe the provisions of data protection law. The particulars of data protection at cadooz are described at www.manor-portal.cadooz.com.

8. Choice of law and place of jurisdiction

8.1 German law applies exclusively, to the exclusion of U.N sales law.

8.2 The place of jurisdiction for all legal disputes between cadooz and the Corporate Customer is Hamburg.