Allgemeine Geschaeftsbedingungen

§1 Scope

These Terms of Service apply to all contracts concluded through www.geschenkon.com and the GeschenkOn app. The offer is directed at consumers and entrepreneurs. Deviating customer terms do not apply unless GeschenkOn or the relevant partner expressly agrees to them in text form.

§2 Services, contracting party, legal issuer, and billing

GeschenkOn operates a digital platform and app through which partners may offer products and services as vouchers, especially single-purpose and multi-purpose vouchers. Unless an offer states otherwise, GeschenkOn acts as technical platform operator and intermediary. The Franchise named on the product page and during checkout is the buyer’s contracting party and legal issuer of every voucher. A Brand or Shop may define the redemption area or provide the service, but is not the legal voucher issuer. The issuing Franchise is responsible for performance, availability, redemption terms, and statutory warranty, price-reduction, withdrawal and refund rights. GeschenkOn handles technical order processing, payment allocation, provision of voucher codes, QR codes or barcodes, and transaction-related communication in the Franchise’s name. Tax-relevant invoices or other required documents are issued in the issuing Franchise’s name; GeschenkOn may additionally provide confirmations and status notices for its own services.

§2a Partner offers and content responsibility

Goods, services, vouchers, descriptions, redemption terms, mandatory information, images, text, marks, and other information shown on GeschenkOn are provided, maintained, or approved for publication by the offering partner. The partner is responsible for accuracy, completeness, currency, legality, rights clearance, statutory information duties, price and tax information, availability, and redeemability. GeschenkOn publishes this information as platform operator without assuming the partner’s content responsibility, while mandatory responsibilities of GeschenkOn and consumer rights remain unaffected. On concrete indications of incorrect, outdated, misleading, unlawful, or rights-infringing content, GeschenkOn may review, request correction, correct, block, remove, or reject publication.

§2b Voucher types, special offer terms, and settlement

GeschenkOn supports different voucher and offer types, including standard single-purpose vouchers, standard multi-purpose vouchers, reservation vouchers, pickup vouchers, presale vouchers, and event presale vouchers. The specific type, redemption terms, date binding, pickup windows, no-show rules, quantity limits, opening or event confirmations, and other mandatory details result from the product description and checkout information. Multi-purpose vouchers may be redeemable across the named Brand or across the issuing Franchise. The legal issuer remains the Franchise named in the offer and at checkout. Additional conditions may apply and may require active checkout confirmation. GeschenkOn stores a legal snapshot of essential offer and notice texts where required for evidence, contract performance, reversal, partner settlement, or statutory documentation. Partner settlement uses Stripe Connect Separate Charges and Transfers: the customer payment is created once per checkout batch and each immutable seller-order amount is transferred to the issuing Franchise Recipient account after payment confirmation; partner funds are not first received in a GeschenkOn bank account.

§3 Contract conclusion and acceptance of the Terms

Product, voucher, and service displays are not legally binding offers but invitations to place an order. By completing checkout, the buyer submits a binding offer. The contract is concluded when the relevant partner, or GeschenkOn in the partner’s name, accepts the order. An automated receipt confirmation is not acceptance unless expressly stated. Acceptance may occur through payment confirmation, explicit order or contract confirmation, or provision of the voucher code, QR code, or barcode. Final acceptance and voucher activation require successful payment authorization, confirmed payment processing, and technical payment confirmation. Before ordering, the buyer must actively confirm that these Terms have been acknowledged and accepted and must provide complete and correct order information.

§4 Prices and payment

All prices are in euro and include statutory VAT unless expressly stated otherwise. Payment is made through the payment methods actually offered during checkout. GeschenkOn uses Stripe as technical payment service provider, and only the payment methods displayed in checkout are relevant. Charging, authorization, or payment release follows the Stripe payment method used. Voucher codes, QR codes, or barcodes are provided only after successful payment confirmation, technical reconciliation, and final approval. Prices, fees, and additional costs are shown transparently before order completion; the buyer has no right to a specific payment method.

§5 Delivery and digital voucher provision

Vouchers are provided exclusively digitally as voucher codes, QR codes, or barcodes, especially by email, in the user account, in the GeschenkOn app, or by another digital method shown during checkout. The buyer is responsible for correct recipient email addresses and other delivery details. GeschenkOn is not responsible for actual receipt within the recipient’s sphere unless non-receipt is caused by GeschenkOn.

§6 Right of withdrawal

Consumers generally have a statutory right of withdrawal for distance contracts. Details are set out in the separate cancellation policy. The statutory right of withdrawal may be excluded or expire early in legally provided cases, only if the legal requirements are actually met. Where vouchers, digital content, services, or products fall under a statutory exception or the right expires early, the buyer is informed separately during checkout. Only the buyer as contracting party may withdraw; a gift recipient who is not the contracting party is not entitled to withdraw. Valid withdrawal is reversed under statutory rules.

§7 Redemption and validity

Unless the offer states otherwise, vouchers are valid for three years from purchase until the end of the third calendar year. A shorter period is allowed only where objectively justified and transparently disclosed before contract conclusion. Cash payout of voucher value or remaining balance is excluded unless mandatory law provides otherwise. Product or exchange vouchers may be redeemed only according to the product description; partial or multiple redemption is excluded unless stated otherwise. Multi-purpose or value-based vouchers may be used for the redeemable products or services described. Redemption is possible only through the channels provided by GeschenkOn or the partner. Specific redemption terms follow the partner’s product or offer description. GeschenkOn may temporarily block or reject redemption if there is justified suspicion of abuse, manipulation, unauthorized duplication, or forgery. The partner is solely responsible for actual redeemability, performance, and availability. In case of partner insolvency or permanent cessation of performance, claims are governed exclusively by statutory rules against that partner. Only the original code provided by GeschenkOn in the intended form is decisive. Price-regulated or legally excluded goods or services may be excluded where required by law or stated in the product description.

§8 Refunds and cancellation

Refunds are made only where legally required or where GeschenkOn or the relevant partner expressly agrees to cancellation or reversal in the individual case. In case of valid statutory withdrawal or another legally required reversal, reimbursement follows statutory rules. Outside statutory or expressly contractual claims, there is no claim to cancellation, exchange, or refund of purchased vouchers. Withdrawal or refund generally cannot be considered once a voucher has been redeemed or used as intended, without prejudice to mandatory rights. Refunds are generally made through the same payment method used in the original transaction where legally permitted and technically possible. Cash payout beyond the amount actually paid is excluded. If an order is automatically cancelled because full payment was not received within the required period, there is no claim to voucher provision; no refund is made where no payment was received, and partial payments are reversed under statutory rules.

§9 Warranty and liability

Statutory defect rights relating to partner products or services must be asserted against the relevant partner unless GeschenkOn exceptionally acts as contracting party. GeschenkOn sells and transmits vouchers only as platform operator in the name and on behalf of the partner. GeschenkOn does not warrant the accuracy, completeness, currency, or legality of partner-provided content where it originates from the partner’s sphere and no fault or legal responsibility of GeschenkOn exists. GeschenkOn is liable without limitation for intent, gross negligence, and culpable injury to life, body, or health. For slightly negligent breach of a material contractual duty, liability is limited to typical foreseeable damage. Otherwise, liability is excluded. Mandatory statutory liability remains unaffected.

§10 Customer account

The customer must keep access credentials confidential and protect them against unauthorized access. Account data must be current and correct. GeschenkOn is not liable for damage caused by unauthorized account use by third parties due to insufficient protection of credentials unless caused by GeschenkOn. The customer must notify GeschenkOn immediately if unauthorized access is suspected. GeschenkOn may temporarily block or permanently restrict accounts where there are concrete indications of a breach of these Terms, legal provisions, or misuse of the platform or app.

§11 Data protection

GeschenkOn processes personal data only in accordance with the privacy policy and applicable data protection laws. If the buyer transmits recipient data to GeschenkOn, the buyer is responsible for ensuring that transmission and use for the requested gift delivery are lawful.

§12 Consumer dispute resolution

GeschenkOn is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

§13 Force majeure

GeschenkOn is not liable for delays or failures caused by events outside GeschenkOn’s reasonable control that could not have been prevented even with appropriate care.

§14 Final provisions

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only to the extent that it does not restrict mandatory laws of the state where the consumer has habitual residence. If the customer is a merchant, legal entity under public law, or special public-law fund, the exclusive place of jurisdiction is GeschenkOn’s registered office where legally permitted. If any provision of these Terms is or becomes wholly or partly invalid or unenforceable, the remaining provisions remain effective.

Current SC&T payment, responsibility and refund terms under Partner Agreement v17.3.1 (effective 22 July 2026)

This section supersedes every earlier reference to Direct Charge or multiple Franchise charges. One Stripe customer payment is created as a platform Charge for each jointly confirmed checkout batch. For Stripe, acquirers and card networks, GeschenkOn is therefore the holder of that Charge and the payment merchant of record and bears the corresponding processing-fee, refund, dispute, chargeback and negative-balance responsibility. Before payment, each seller order is immutably assigned to the issuing Franchise and its Accounts v2 Recipient Connected Account. After final payment confirmation, a separate Stripe Transfer is created for each seller order and references the original Charge as source_transaction. The Transfer and the later Stripe payout to the Franchise bank account are separate events.

The technical payment-MoR role does not make GeschenkOn the civil-law seller, voucher issuer or VAT supplier of the partner supply. Those roles remain with the Franchise named in the offer, checkout, contract and receipt. Sales are enabled only after the platform account, Recipient account, Transfers and payouts, immutable allocation, signed webhooks, invoice and tax logic, and the required regulatory operating basis have been documented and technically approved. SC&T alone does not automatically establish a regulatory exemption or a final legal classification. Seller funds are not pooled in a GeschenkOn bank account or freely managed by GeschenkOn.

The customer pays the disclosed shipping cost per seller order. The disclosed small-order surcharge belongs to GeschenkOn and is charged at most once for the whole checkout batch after eligible discounts. Ordinary card and payment-processing fees are borne by GeschenkOn. A voluntary refund is offered only to the original payer for a complete, fully unused seller order. The exact seller Transfer is normally reversed first, and that seller-order amount is then refunded from the shared payment. The small-order surcharge is refunded exactly once only when no confirmed seller order remains. Voluntary partial-item, partial-amount and residual-value cash refunds are not offered. Mandatory withdrawal, warranty, price-reduction, refund and correction rights remain unaffected; where an immediately due statutory refund cannot legally wait for the Transfer reversal, it is processed as a fully audited remediation and receivable case without burdening another seller allocation.