PayCoupons - Terms and Conditions

Version: February 2020

1. Coupon Policy

   1. Redemption. Coupons may be redeemed only towards the purchase of goods and services provided by the coupon issuer. Coupons may be redeemed towards the purchase of all goods and services offered by the coupon issuer. If the coupon balance is insufficient to pay for purchased goods and services in full, then the remaining amount due can be settled with money.
   2. Offers. It is the buyer's responsibility to obtain a quote for goods or services from the coupon issuer before purchasing coupons. A quote is not required for coupons which are to be redeemed in a webshop or local store of the coupon issuer.
   3. Reselling. Coupons can be resold, but only to other users on PayCoupons, by using the "Offer Coupons" feature of the PayCoupons platform.
   4. No exchange for money. Coupon owners can not demand from the issuer of coupons which they hold to redeem these coupons for a payment in money.
   5. Coupon expiration. Upon reception, all coupons are valid until the end of the current calendar year A.D. plus three full calendar years A.D.. In the case of a formally established insolvency of the coupon issuer, the claims represented by coupons against a coupon issuer become part of the normal insolvency proceedings and may not be settled in full depending on how the insolvency case is decided. Coupons issued by legal entities also automatically expire in the moment that the legal entity is dissolved.
   6. Cancelling coupons and accounts. The operator of the PayCoupons platform has the right to void coupons and close PayCoupons user accounts if there is the well-founded assumption that the affected coupons were obtained or used fraudulently, unlawfully or otherwise in violation of these terms and conditions. Fees that have already been paid for the issuing of cancelled coupons will not be reimbursed. Fees incurred and unpaid at the time when a customer account is closed do not have to be settled.

2. Referral program policy.

   1. Who can set up a referral program. If you represent a company and are registered as a business user on the PayCoupons platform, you can use the PayCoupons platform to set up a coupon-based referral program to obtain new customers for your business.
   2. Who can be a referrer. When you configured your account with "Coupon permissions: Only users you approve can order your coupons.", then only the users you approved for ordering your coupons can see your referral program and participate as a referrer. When you configured your account with "Coupon permissions: All users can order your coupons.", then every user can see your referral program, and any registered user of PayCoupons can participate as a referrer. This is because the referrer reward is always an amount of your coupons.
   3. Who can be a referred new customer. As long as you have an active referral program, anyone can be a referred new customer, and due to the new customer reward can then obtain a limited amount of your coupons.

3. Customer service, company address. The address of the company operating PayCoupons is, also for customer service and service of summons, is:

   PayCoupons GmbH
   Pappelallee 78/79
   10437 Berlin
   Germany

   E-mail address: mail@pay.coupons
   Contact form: https://pay.coupons/contact/en
   Phone: +49 176 25187040

4. Cancellation policy. The following cancellation policy applies only to your contract with PayCoupons concerning "a commission fee for marketplace services", to which you agree when opening a pay.coupons account and which obliges you to pay a fee for issuing coupons (see below). It does not apply to coupons purchased from any other seller on the PayCoupons platform.

   1. Right of cancellation. You have the right to cancel this contract within 14 days without giving any reasons. The terms of cancellation is 14 days, starting from the day when the contract was made. To use your right of cancellation, you have to send an unambiguous statement to us (PayCoupons GmbH, Pappelallee 78/79, 10437 Berlin, Germany, Tel. +49 17625187040, E-Mail mail@pay.coupons), for example an e-mail or a letter by post. In that statement, you have to inform us about your decision to cancel this contract. You can use the attached cancellation form template, but you do not have to use it. To keep within the cancellation terms it is sufficient that you dispatch the statement about using your right of cancellation before the expiry of the cancellation term.
   2. Consequences of cancellation. If you cancel this contract, we have to pay back to you all payments that we received from you, including costs of delivery (excluding additional costs resulting from you choosing a different mode of delivery than the cheapest standard mode of delivery that we offered). We have to make these repayments immediately and within at most 14 days, counting from the day where we received your statement of cancelling this contract. For this repayment, we use the same mode of payment that you used for the original transaction, except if we agreed on something different with you explicitly. In no case will we collect fees for this repayment. If you demanded that the service should start within the terms of cancellation, you have to pay us an adequate fee. That fee will correspond to the part of the service that was fulfilled at the point of time when you issued your statement of cancellation, in relation to the total amount of the service that was agreed on in the contract.

5. Cancellation form template. (If you want to cancel the contract, please fill in this form and send it back to us.)

   To PayCoupons GmbH, Pappelallee 78/79, 10437 Berlin, Germany, Tel. +49 176 25187040, E-Mail mail@pay.coupons:

   Hereby I / we cancel the contract that I / we made for the purchase of the following goods / the delivery of the following service:

   Name of the product, if applicable article number and price:
   
   Ordered on (date):
   
   Delivered on (date):
   
   Name and address of the of consumer(s):
   
   Date:
   
   Signature of consumer(s) (only when the statement is on paper):

6. Warranty. We, the company operating PayCoupons, provide you with a service of a coupon based referral program and a service of matching offers and demand for coupons on a marketplace to form exchanges that combine both sales and purchases for you at the same time. Both services are in exchange for a commission fee. If we fail in any significant way to provide this service, you do not have to pay any fees for such a case. Contact customer service for a refund.

7. Play by the rules. You agree to use the PayCoupons platform in a way that abides within all applicable legal regulations.

8. We're only the marketplace. The company operating the PayCoupons platform does not become contract partner of sales contracts that you make with other users via the PayCoupons platform. Sales contracts are always made directly between buyer and seller.

9. Sales contracts on your behalf. You agree that PayCoupons is allowed to make sales contracts on your behalf for purchasing resp. selling coupons where you expressed your intent on the PayCoupons platform to buy / sell them. PayCoupons will only make contracts that are balanced (executing from your orders and offers in matching value, so that you pay with your sales only and not with money).

10. Commission fee of 5%. You agree to pay a fee of 5% (excl. VAT, which may or may not be applicable on top) when issuing own coupons on the PayCoupons platform. This includes the case when you send own coupons with the "transfer" function.

11. Payment options. We accept credit cards (VISA and Mastercard, via Stripe) as a payment method to pay the fees you incur for issuing own coupons (that is, our 5% commission fee). We also accept our own coupons (PayCoupons GmbH coupons) as payment method for these commission fees; these coupons might need a co-payment in money depending on their coupon type. In case you opt to pay by credit card, your card will be charged once a month. For both payment methods, there is no payment method fee.

12. Your content is open content. For content that you enter in areas of the PayCoupons site that are accessible by all its registered users (esp. offer descriptions and photos), you agree to licence it under a Creative Commons Public Domain Dedication 1.0 Universal (CC0 1.0 Universal) licence, and under any newer version of this licence when they are published. This means, you waive all copyrights to this content, allowing reuse by others. This excludes explicitly pictures that show you as a person (esp. your user profile picture), and of course any non-public content such as your messages and content you deliver to your customers via the PayCoupons platform.

13. Disclaimer of warranty. All PayCoupons software products and services are supplied as they are and come without any warranty, to the extent permitted by applicable law. They come without warranty of any kind, either expressed or implied, including (but not limited to), the implied warranties of merchantability and fitness for a particular purpose. The entire risk of use of the PayCoupons software is with the user.

14. Disclaimer of liability. In no event (unless required by applicable law) will PayCoupons GmbH or any or its shareholders, board members, employees, collaborators or associates of any kind, be liable to you for damages arising out of the properties of, use or inability to use the PayCoupons software. This includes any general, special, incidental or consequential damages, including but not limited to loss of data or money or funds or trust or reputation, and even if PayCoupons GmbH or another party has been warned about the possibility of such damages.

15. No further claims. You agree that, based on your use of the PayCoupons platform, you are not entitled to and will not make any claims against the PayCoupons platform, employees, freelance collaborators and business partners, except those claim options granted to you by this terms and conditions document. This includes any claim for indemnification of damages, to the extent permitted by law. This also especially includes claims for damages through fraud or other malice done by other PayCoupons users – you are solely responsible for the purchases and sales you make on the PayCoupons marketplace, and damages that possibly result from it.