General Terms and Conditions

§1 Scope

(1) These General Terms and Conditions (GTC) apply to all contracts concluded via the website www.geschenkon.com and via the GeschenkOn app.

(2) GeschenkOn's offer is directed at both consumers and traders. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside his or her trade or independent profession. A trader is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of his or her trade or independent profession.

(3) Deviating, conflicting or supplementary terms of the customer shall not apply unless GeschenkOn or the respective partner expressly agrees to their validity in text form.

(4) Orders placed via a business customer account activated by GeschenkOn are governed exclusively by the General Terms and Conditions for Business Customers; these GTC do not apply to such orders.

§2 Services of GeschenkOn / contractual partner / billing

(1) GeschenkOn operates a digital platform and app through which partners can offer their products and services in the form of vouchers, in particular single-purpose vouchers and multi-purpose vouchers.

(2) Unless expressly stated otherwise in the respective offer, GeschenkOn acts as the technical platform operator and intermediary. The legal issuer of every voucher offered via GeschenkOn and the buyer's contractual partner for the voucher is the franchise named on the product page and in the checkout. A brand or a shop may take over redemption or performance, but does not thereby become the legal issuer of the voucher.

(3) The issuing franchise is responsible in particular for the promised service, product availability, redemption conditions and statutory claims for warranty, price reduction, withdrawal and refund. GeschenkOn remains responsible for its own platform services and its own statutory obligations.

(4) GeschenkOn provides technical order processing, payment allocation, the provision of voucher codes, QR codes or barcodes and transaction-related communication as an intermediary and IT service. GeschenkOn neither negotiates nor concludes the purchase contract in the name of the buyer or in the name of the issuing franchise and has no authority to conclude contracts for this purpose. Declarations transmitted technically are forwarded as a messenger for declarations and communication.

(5) Tax-relevant invoices or other receipts for the voucher, product or service are, where necessary, created as a technical invoicing service in the name and for the account of the issuing franchise. For multi-purpose vouchers, the buyer initially receives an order and payment confirmation or a multi-purpose voucher purchase receipt at the time of purchase instead of a VAT invoice for a service not yet determined. The VAT invoice or the till receipt is created only upon actual redemption for the service actually performed and is sent to the actual recipient of the service. Where the individual redemption receipt exceeds EUR 250.00, the details of the actual recipient of the service required for a full invoice are recorded beforehand. Where the gift recipient is the actual recipient of the service, the buyer's invoice details must not be used instead. GeschenkOn may additionally issue its own receipts for its own service fees as well as technical confirmations of receipt, payment, order or status.

§2a Partner offers, product information and responsibility for content

(1) The goods, services, vouchers, product descriptions, redemption conditions, mandatory information, images, texts, trademarks and other details displayed on the GeschenkOn platform are in principle provided, maintained or released for publication by the respective offering partner.

(2) The respective offering partner is responsible for the accuracy, completeness, timeliness, lawfulness and clearance of rights of these details, insofar as the details originate from its sphere or have been released by it for publication. This includes in particular rights of use in images and texts, trademark and other sign rights, statutory information obligations, price and tax details and details on availability and redeemability.

(3) GeschenkOn publishes these details as platform operator and does not thereby assume the offering partner's responsibility for the content of its goods, services and information provided. GeschenkOn's statutory responsibilities and obligations, in particular under Regulation (EU) 2022/2065 (Digital Services Act), and mandatory consumer rights remain unaffected.

(4) Where there are specific indications of incorrect, outdated, misleading, unlawful or rights-infringing details, GeschenkOn may review the offer concerned, request the partner to correct it, have the details corrected, temporarily block or remove the offer, or refuse publication.

(5) The customer's statutory rights against the respectively responsible provider, in particular warranty rights, consumer rights and rights in connection with a justified unwinding, remain unaffected.

§2b Voucher types, special offer conditions and settlement

(1) GeschenkOn supports different types of vouchers and offers, in particular standard single-purpose vouchers, standard multi-purpose vouchers, reservation vouchers, pick-up vouchers, presale vouchers and event presale vouchers. The specific type, redemption conditions, binding dates, pick-up windows, no-show rules, quantity limits and, where applicable, opening or event confirmations result from the respective product description and the mandatory information displayed in the checkout.

(2) For reservation, pick-up, presale and event presale offers, additional conditions may apply, such as fixed performance dates, pick-up periods, confirmations required before redemption, availability limits or separate notices on withdrawal. Such conditions are displayed separately before the order is completed and may require active confirmation in the checkout.

(3) For each order, GeschenkOn stores a legal snapshot of the essential offer and notice texts to the extent necessary for evidence, contract performance, unwinding, partner settlement or statutory documentation obligations.

(4) According to the product description, multi-purpose vouchers may be redeemable either within a particular brand or within the issuing franchise. The spatial or organisational redemption limit does not change the legal issuer: the issuer always remains the franchise named in the offer and in the checkout.

(5) With Stripe Connect Separate Charges and Transfers (SC&T), exactly one customer payment is processed as a platform charge on GeschenkOn's Stripe account for each jointly confirmed checkout batch. Vis-à-vis Stripe, acquirers and card schemes, GeschenkOn is therefore the holder of the charge and the payment merchant of record or settlement merchant, and bears there the responsibility for fees, refunds, disputes, chargebacks and negative balances. Before payment, the amount of each seller order is irrevocably allocated to the issuing franchise and its Accounts v2 recipient connected account. After final payment confirmation, GeschenkOn creates a separate Stripe transfer for each seller order, referencing the original charge as source_transaction. The transfer to the connected account and the subsequent Stripe payout to the franchise's bank account are separate events. The payment MoR role does not make GeschenkOn the seller under civil law, the voucher issuer or the supplier for VAT purposes of the partner's service; these roles remain with the franchise named in the offer, checkout, contract and receipt.

(6) Sales via this payment flow are released only once the platform account, recipient connected account, transfer and payout functions, irrevocable allocation, signed webhooks, invoicing and tax logic and the necessary operating basis under payment supervisory law have been documented and technically approved. The use of SC&T alone does not automatically result in any exemption from authorisation or any other classification under supervisory law.

(7) Seller funds are neither received into a bank account of GeschenkOn's own nor held by GeschenkOn as e-money or as freely available partner credit. The customer payment and the seller transfers derived from it are processed within the regulated Stripe payment flow. GeschenkOn may not use an allocation belonging to one franchise legal entity to cover another franchise or set off amounts across partners.

§3 Conclusion of contract and consent to the GTC

(1) The presentation of products, vouchers and other services on the platform or in the app does not constitute a legally binding offer but an invitation to place an order.

(2) By completing the ordering process, the buyer submits a binding offer to acquire the selected voucher or product.

(3) The contract is concluded upon acceptance of the order by the respective franchise. The franchise may declare acceptance by means of previously defined, automated approval rules; GeschenkOn merely transmits the declaration generated in this way technically and does not make any declaration of acceptance of its own in the name of the franchise.

(4) An automatically sent acknowledgement of receipt of the order does not yet constitute acceptance of the offer, unless expressly stated otherwise therein.

(5) Acceptance may take place in particular by means of a separate payment confirmation, an express contract or order confirmation, or by provision of the voucher code, QR code or barcode.

(6) The final acceptance of the order and the activation of the voucher are subject to successful payment authorisation, confirmed payment processing and the subsequent technical payment confirmation in the payment flow provided for this purpose.

(7) These GTC are incorporated into the contract by GeschenkOn expressly referring to their application in the ordering process directly before the button with which the order giving rise to an obligation to pay is placed, and by linking them there. The buyer can retrieve, save and print them before placing the order. By placing the order, the buyer agrees to their application; no separate checkbox is required for this. Express declarations provided for by law, for example on the start of a service or on the supply of digital content before the withdrawal period expires, and special confirmations under §2b(2) are obtained separately in the ordering process.

(8) The buyer is obliged to provide complete and correct information in the course of the ordering process.

§4 Prices and payment

(1) All prices are stated in euros and include statutory VAT, unless expressly stated otherwise.

(2) Payment is made using the payment methods actually offered in the respective ordering process. For payments with Kakao Pay, Naver Pay or Alipay, the payment service provider Stripe may convert the total price shown in euros into the local currency and charge it in that currency; the converted amount is shown on Stripe's payment page before the payment is completed.

(3) GeschenkOn uses Stripe as its technical payment service provider. Only the payment methods actually displayed and selectable in the ordering process are decisive.

(4) The debit, authorisation or other payment release takes place in accordance with the Stripe payment method used in the checkout.

(5) Voucher codes, QR codes or barcodes are provided only after successful payment confirmation, technical reconciliation and final release in the payment flow provided for this purpose.

(6) All prices, fees and any additional costs are displayed transparently to the buyer before the order is completed.

(7) Discount codes, promotional credits or other reductions reduce only the value of goods, products or vouchers expressly shown as eligible for discount. Shipping costs, small-order surcharges, deposits (Pfand), fees or other additional costs are reduced only if this is expressly and clearly shown in the checkout. At most one discount or promotional code can be redeemed per ordering process; combining several codes is excluded. Whether a code can be redeemed for the shopping cart concerned, in particular for a shopping cart with offers from several franchises, is shown in the checkout before the order is placed. If a different code is entered before the order is completed, it replaces the code entered previously; the replaced code is not used up as a result. A code may apply to the entire order or only to products from shops, brands or franchises designated by the operator. If the order contains no products matching such a code, the discount provided by that code is 0 and does not count as a use of the code. Usage limits vary by code and may be unlimited.

(8) The small-order surcharge is €0.49 (incl. 19% VAT) and applies if the voucher and product value of the cart remaining after applicable discounts is below €25.00. A small-order surcharge is calculated once, after discount-eligible reductions have been applied, on the basis of the then remaining discount-eligible voucher and product value of the entire shopping cart jointly confirmed in the checkout. For a shopping cart with offers from several franchises, the surcharge is therefore not multiplied per franchise. It may be allocated to exactly one seller payment for technical payment processing, but remains a separate service fee of GeschenkOn. Shipping costs are calculated separately from this for each seller order. Shipping costs and the small-order surcharge are reduced by a general discount code only if this is expressly shown in the checkout.

(9) The buyer has no entitlement to a particular payment method. GeschenkOn may refuse individual payment methods in individual cases where there is an objective reason for doing so.

(10) Where a shopping cart contains offers from several issuing franchises, a total amount is displayed in the checkout and, in principle, exactly one Stripe customer payment is created for the checkout batch. Seller orders, legal issuers, invoices, refunds, Stripe transfers and subsequent bank payouts nevertheless remain separate for each franchise legal entity. The buyer therefore generally sees one payment amount; a refund can, as a partial amount of this joint payment, relate only to the seller order concerned.

(11) The buyer bears shipping costs for products requiring delivery in the amount shown in the checkout, and these are calculated per seller order. A small-order surcharge shown is a separate service fee of GeschenkOn and is documented separately from the voucher value and the partner's service. Stripe card processing fees are not charged to the buyer as an additional card fee item; they are borne by GeschenkOn under the agreed payment model.

§5 Delivery / provision of digital vouchers

(1) Vouchers are provided exclusively in digital form as voucher codes, QR codes or barcodes, in particular by email, in the user account, in the GeschenkOn app or in any other digital manner indicated in the ordering process.

(2) The buyer is responsible for ensuring that the recipient's email address provided by him or her or the other details used for delivery are correct.

(3) GeschenkOn does not owe actual receipt within the recipient's sphere, unless the failure of receipt is attributable to fault on the part of GeschenkOn.

§5a Physically delivered products and Shopify-supported fulfilment

(1) Where an offer comprises, in addition to or instead of a digital voucher, a product to be delivered physically, the delivery method, delivery area, delivery time, shipping costs, any small-order surcharges and special conditions result from the respective product page and the checkout.

(2) In the case of gift shipping, the delivery address may only be provided by the recipient after opening the gift or after a comparable release step. In this case, the specific delivery processing begins only after a complete and plausible address has been provided and after technical confirmation of the order.

(3) Where a partner's Shopify system is connected, Shopify serves as the technical fulfilment reference for inventory, reservation, shipping status or tracking. GeschenkOn remains the source for checkout, payment, voucher, order and settlement status within the GeschenkOn platform.

(4) Inventory may be reserved for a limited time. If a necessary recipient, address or fulfilment detail is not completed in time, the reservation may expire. The buyer's statutory rights remain unaffected.

§6 Right of withdrawal

(1) Consumers are in principle entitled to a statutory right of withdrawal in the case of distance contracts. Details are set out in the separately provided cancellation policy.

(2) The statutory right of withdrawal may be excluded or expire prematurely in the cases provided for by law. This applies only if the respective statutory requirements are actually met in the individual case.

(3) Where vouchers, digital content, services or products, owing to their specific design, fall under a statutory exception to the right of withdrawal or the right of withdrawal expires prematurely under the statutory provisions, the buyer will be informed of this separately in the ordering process.

(4) The right of withdrawal is available exclusively to the buyer as contractual partner. The recipient of a gift is not entitled to withdraw unless he or she has become a contractual partner.

(5) In the event of an effective withdrawal, the unwinding takes place in accordance with the statutory provisions.

§7 Redemption and validity of vouchers

(1) Unless otherwise stated in the respective offer, vouchers are valid for three years from the date of purchase until the end of the third calendar year.

(2) A shorter period of validity is permissible only where it is objectively justified in the individual case and transparently shown before the contract is concluded.

(3) Payment of the voucher value or of any remaining balance in cash is excluded, unless mandatory statutory provisions provide otherwise.

(4) Product or exchange vouchers can be redeemed only in accordance with the respective product description. Unless stated otherwise there, partial or multiple redemption is excluded.

(5) Multi-purpose vouchers or other value-based vouchers can be used, in accordance with the respective product description, for the redeemable products or services designated there. The product or set shown may represent an example of a redemption option.

(6) Redemption is possible exclusively via the redemption channels provided by GeschenkOn or the respective partner.

(7) The specific redemption conditions result from the partner's respective product or offer description.

(8) GeschenkOn is entitled, in the event of a justified suspicion of misuse, manipulation, unauthorised duplication or forgery, to temporarily block vouchers or to refuse their redemption until the matter has been clarified.

(9) The respective partner is solely responsible for actual redeemability, performance and availability of goods at the partner.

(10) In the event of the insolvency or permanent cessation of services of a partner, the enforceability of any claims is governed exclusively by the statutory provisions vis-à-vis the respective partner.

(11) Only the original code provided by GeschenkOn in the intended form is decisive for redemption.

(12) Goods or services subject to statutory price fixing, regulated or otherwise excluded under mandatory law may be excluded from redemption where this is required by law or stated in the respective product description.

(13) The respective franchise is named as the legal issuer on the voucher, product page, checkout and associated receipts. Brand and shop names serve exclusively to describe the offer, the redemption limit or the actual service provider.

§7a Protecting barcodes, QR codes and voucher codes

(1) Barcodes, QR codes and voucher codes can represent monetary value. Codes exposed through screenshots, photos or printouts may be redeemed by others without permission. Keep codes secure and use GeschenkOn's official gifting features. GeschenkOn does not manage or facilitate private code sharing outside these features and is not liable for losses caused solely by users exposing or sharing codes where GeschenkOn is not at fault. Liability that cannot legally be excluded and statutory consumer rights remain unaffected.

§7b Amount vouchers, partial use and VAT

(1) Product EZG vouchers are redeemed once for the specified supply and have no remaining balance.

(2) Amount EZG and Amount MZG vouchers can be partly used with the same issuer within the scope fixed at issue. Only the confirmed amount is deducted; the balance remains available until the agreed expiry and is not paid out in cash.

(3) For Amount EZG vouchers issued against payment, the issuing merchant selects the tax rate and is responsible for classification and tax payment. Where this is actually correct for tax purposes, VAT has already been accounted for at sale; use or agreed expiry of the balance then does not create additional VAT or an automatic tax adjustment. For MZG, the actual supply is taxed on redemption. Sentences 1 and 2 do not apply to vouchers issued free of charge.

(4) Each amount use is documented with the amount used, the remaining balance and a PDF. For EZG vouchers issued against payment, these documents show net, VAT and gross figures for information only and are not a new tax invoice; for vouchers issued free of charge they do not show any VAT.

(5) Automatic refunds are excluded after partial use; mandatory statutory rights remain unaffected.

§8 Refund / cancellation

(1) Refunds are made only where there is a statutory obligation to do so or where GeschenkOn or the respective partner expressly agrees to a cancellation or unwinding in the individual case.

(2) In the event of an effective statutory withdrawal or other unwinding required by law, the refund is made in accordance with the statutory provisions.

(3) Outside statutory claims or claims expressly provided for in the contract, there is no entitlement to cancellation, exchange or refund of vouchers already acquired.

(4) A withdrawal or refund is possible only where there is a legal basis for it. As a rule, this does not apply if the voucher has already been redeemed or otherwise used as intended. The buyer's mandatory statutory rights remain unaffected.

(5) Where a refund is made, it is in principle arranged via the same means of payment used for the original transaction, unless otherwise required by law and provided this is technically possible.

(6) A cash payment exceeding the amount actually paid is excluded.

(7) If an order is automatically cancelled because full payment has not been received within the period provided, there is no entitlement to provision of the voucher. Where no payment has yet been received, no refund is made; where partial payments have already been received, unwinding takes place in accordance with the statutory provisions.

(8) In the current operating model, voluntary refunds are in principle offered only for the complete, not yet redeemed seller order of the franchise concerned. For multi-purpose vouchers that have been partially or fully redeemed, there is no voluntary entitlement to a partial cash payment or partial refund. Statutory rights of withdrawal, warranty, price reduction, refund and rectification remain entirely unaffected and are, where necessary, handled as a separate review and correction case.

(9) For a checkout batch with several franchises, a cancellation or refund affects only the respective seller order within the joint customer payment. In the case of a permissible full refund of a completely unused seller order, the exactly corresponding Stripe transfer to the franchise is first fully reversed and then solely the stored gross amount of this seller order is refunded to the original means of payment. Only where a refund that is mandatorily and immediately owed legally permits no postponement may the customer refund be made before the transfer reversal is completed; the case is then handled as a quantified clarification case with a complete audit record, without burdening any other seller allocations. The one-off small-order surcharge is refunded exactly once, together with the last affected seller order, only if no confirmed seller order of the checkout batch remains thereafter. Original receipts and economic events are not overwritten; corrections are made by means of assigned cancellation, credit note, multi-purpose voucher refund or reversing entries.

§9 Warranty / liability

(1) Statutory rights in respect of defects relating to the products or services offered by the partner must be asserted against the respective partner, unless GeschenkOn is exceptionally itself the contractual partner.

(2) GeschenkOn arranges and transmits vouchers as a technical platform operator. GeschenkOn does not thereby become either the seller of the partner's service or the legal representative of the buyer or of the issuing franchise.

(3) GeschenkOn gives no warranty for the accuracy, completeness, timeliness or legal permissibility of the content provided by the partners, insofar as these details originate from the partner's sphere and there is no fault or statutory responsibility of GeschenkOn's own.

(4) GeschenkOn is liable without limitation for intent and gross negligence and for culpable injury to life, body or health.

(5) In the event of a slightly negligent breach of an essential contractual obligation, GeschenkOn's liability is limited to the foreseeable damage typical for the contract.

(6) In all other respects, GeschenkOn's liability is excluded.

(7) The above limitations of liability do not apply insofar as mandatory statutory liability provisions preclude them.

§10 Customer account

(1) The customer is obliged to treat his or her access data confidentially and to protect it against unauthorised access.

(2) The customer must ensure that the details stored in his or her user account are up to date and correct.

(3) GeschenkOn accepts no liability for damage resulting from unauthorised use of the customer account by third parties as a result of insufficient protection of access data, unless this is attributable to fault on the part of GeschenkOn.

(4) The customer is obliged to inform GeschenkOn without undue delay as soon as he or she suspects that unauthorised third parties have gained access to his or her account.

(5) GeschenkOn is entitled to temporarily block or permanently restrict user accounts where there are specific indications of a breach of these GTC or of statutory provisions, or of misuse of the platform or app.

§11 Data protection

(1) GeschenkOn processes personal data exclusively in accordance with the privacy policy and the applicable data protection provisions.

(2) If the buyer transmits data of a recipient to GeschenkOn, the buyer is responsible for ensuring that the transmission of this data to GeschenkOn and its use for carrying out the desired gift shipment is 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 of performance that are based on events outside GeschenkOn's reasonable sphere of influence and that could not have been averted even by exercising reasonable care.

§14 Final provisions

(1) German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In relation to consumers, this choice of law applies only insofar as it does not restrict any mandatory statutory provisions of the state in which the consumer has his or her habitual residence.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is the registered office of GeschenkOn, to the extent permitted by law.

(3) Should individual provisions of these GTC be or become wholly or partly invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.