General Terms and Conditions
These terms and conditions govern the relationship between yourself as a client (hereinafter „the Client“) and Swisscard AECS GmbH or an entity which it entrusted with the development of the credit card business (hereinafter „the Issuer“), when purchasing rewards in the „pointup shop“. The following provisions supplement the general terms and conditions of the Issuer's pointup program.
1. Purchase and Price of the Reward
By clicking on the order button on this website, the Client will enter into a legally binding sales contract.
The price of the reward may only be paid by using a number fixed by the Issuer of pointup points. The purchase of rewards with cash is excluded.
All costs of delivery to the Client's address are included.
Any taxes, fees or other costs that arise from the use of the bonus program or the services and are not directly connected with the services shall be borne by the Client.
2. Delivery
Rewards are only delivered to an address in Switzerland or Liechtenstein.
The Issuer cannot guarantee the availability of the reward nor specific delivery times.
If the reward has been already ordered but cannot be delivered on the long term, the Issuer is entitled to cancel the order unilaterally by giving notice to the Client and re-crediting the points used.
3. Use of the Reward
The reward is intended for private use exclusively. Resale and any commercial use are forbidden.
4. Representations and warranty
The Issuer does not warrant that the published. Use of the Reward pictures and descriptions of the rewards are complete, accurate, up-to-date or error free. The actual reward can differ in its characteristics from the pictured presentation as a result of market development, technical progress or modifications of the law.
The statutory warranty against defects is entirely excluded and replaced by the following rules:
The Issuer grants a two year warranty for all material rewards, from the first delivery of the reward. Replacements or repairs do not interrupt or extend the warranty period.
On basis of this warranty, the Issuer repairs the reward free of charge or replaces it with a product of equivalent value, at his own discretion. Rescission or exchange against cash is excluded.
The warranty covers defects in the manufacturing or material, provided the product is used and maintained correctly.
Are excluded from the warranty
- any damage resulting from normal aging or use, negligence, incorrect use, inadequate maintenance or other manipulations of the reward
- any damage resulting from misuse or utilization that exceeds the foreseen limits (e.g. overloading, water damage)
- any damage arising from modifications of the reward or the installation or fitting of non original spare parts
The Client may only claim the warranty services described above at the Servicepoint mentioned in the warranty certificate, upon presentation of such certificate. The warranty certificate is included in the first delivery.
5. Liability
Any liability of the Issuer for direct or indirect losses, which arise from the use of the product or a delayed delivery thereof, is entirely excluded within the scope permitted by the law.
6. Data protection and bank secrecy
By placing an order, the Client authorizes the Issuer to transfer to its providers the data necessary for the carrying out of the delivery. The Client acknowledges that the treatment of data can be performed in States that possibly do not have standards comparable to the Swiss legislation on data protection.
The Client acknowledges that information on the existence of a business relationship with the Issuer may have to be disclosed abroad and waives bank secrecy in this regard also, as well as any other statutory or contractual confidentiality rights.
7. Final provisions
Should individual provisions of these terms and conditions be ineffective, this shall not affect the effectiveness of the remaining provisions.
8. Applicable law and Jurisdiction
Substantive Swiss law is applicable to this contractual relationship to the exclusion of international treaties, in particular the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG) and the rules on the conflicts of laws.
The ordinary courts of the Canton of Zurich have jurisdiction over any dispute arising from or in connection with this agreement.