General terms and conditions for the provision of services of LISTEV GMBH

ARTICLE 1: DEFINITIONS

In these general terms and conditions, the term “spouses account” means the account opened by future spouses with LISTEV GmbH into which donations made for the future spouses will be paid and which will enable them to purchase products or services offered on the LISTEV GmbH Internet site, www.firstlist.ch, and by the travel partners.

“Parents account” means the account opened by future parents with LISTEV GmbH into which the donations made for the future parents will be paid and which will enable them to purchase products or services offered on the LISTEV GmbH Internet site, www.firstlist.ch, and by the travel partners.

“Event account” means the account opened by an event organiser with LISTEV GmbH in

to which the donations for the relative notified by the organiser will be paid and which will enable products or services offered on the LISTEV GmbH Internet site, www.firstlist.ch, and by the travel partners to be purchased.

“Donor” means the person who makes a donation to the spouses account, the parents account or the event account.

“User” means the donor, organiser, future spouses, future parents or notified relative.

“Active list” is the gift list for which a minimum sum indicated in the price list was paid.

“Gift list” means the list of gifts selected in advance by the future spouses, future parents or organiser which they will acquire by means of the donations.

“Partner” means the businesses and brands which can be retrieved at any time on the www.firstlist.ch Internet site or consulted at the call centre 0844 000 001.

“Travel partner” means the travel agencies which are among the partners.

“Order voucher” means the order document completed by the future spouses, future parents or organiser to initiate a definitive order for the product or service on the gift list.

 

ARTICLE 2: PURPOSE

LISTEV GmbH provides services which are designed to enable a gift list to be drawn up and managed on the occasion of a wedding, a birth or some other event.

The services of LISTEV GmbH are based on the opening and management of a spouses account, a parents account or an event account to which the donations of the donors are credited and against which the price of purchases of goods and services from the partners are debited, together with the costs and commissions stated in the price list.

These general conditions (the “General Conditions”) apply to all transactions made with

LISTEV GmbH, in particular to the opening and administration of a spouses account, a parents account or an event account and its use for purchases from the partners.

Use of the services of LISTEV GmbH necessarily implies consent to the general terms and conditions, notwithstanding any reservations or claims that may be made.

 

ARTICLE 3: AGREEMENT ON EVIDENCE

By consenting to the general terms and conditions by the procedure indicated on the Internet site www.firstlist.ch, the users of the services of LISTEV GmbH and of the Internet website www.firstlist.ch, acknowledge the fact that they are over 18 years, and that all entries associated with transactions between LISTEV GmbH and the future spouses, future parents, organisers or donors, be they verbal, electronic or digital (Internet, email, order placed by telephone etc.), constitute valid evidence applicable between the parties.

 

ARTICLE 4: CORRECT USE OF THE SERVICES OF LISTEV GMBH

Each user of the services of LISTEV GmbH undertakes not to make use of these services for commercial purposes and not to alienate them from their intended purpose. He further undertakes to comply stringently with the laws of the country in which he uses the services and also with Swiss law. Under no circumstances may users offend public morality.

 

ARTICLE 5: DONATIONS AND GIFT LIST

The donors may make donations as follows:

-           via the internet using the procedure indicated on the internet site www.firstlist.ch

-           by effecting a transfer to the account of LISTEV GmbH.

 

Whatever the procedure used to make a donation, the donor must state his identity and identify the future spouses, future parents or the notified relative.

The donor accepts without any limitation whatsoever the fact that the donations are irrevocable and will benefit each of the future spouses, future parents or notified relative equally.

If the donations exceed CHF 100 or EUR 65, the administrative costs amounting to 5%, associated with the use of a credit card or banker’s cheque, will be paid by LISTEV GmbH.

If a donation finally fails to materialise, e.g. because a cheque does not have sufficient cover, a promise to make a gift was not met or for any other reason, the gift which could have been credited to the spouses account, parents account or event account will be cancelled with retroactive effect. The donor may make a gift without naming particular goods or services or he may stipulate a gift for certain goods or services which will be found on the gift list.

The final choice of goods and services which can be purchased by means of the gifts entered on the spouses account, parents account or event account shall rest with the future spouses, future parents or organiser who shall be at liberty to purchase all available goods or services contained in the offer of LISTEV GmbH and its partners, and under certain conditions, goods and services of retailers who are not partners. The entry of goods and services on the gift list and the allocation of the gift to these goods or services are quoted only by way of example and are not binding on LISTEV GmbH, on the future spouses, the future parents or the organiser. These goods and services are not reserved. In addition, LISTEV GmbH cannot guarantee that the prices of the goods or services figuring on the gift list will remain unchanged.

 

 

ARTICLE 6: CONSULTATION OF INFORMATION ABOUT THE SPOUSES ACCOUNT, THE PARENTS ACCOUNT OR THE EVENT ACCOUNT

The future spouses, future parents or the organiser may at any time consult the following information concerning the spouses account, the parents account or the event account on the LISTEV GmbH website (www.firstlist.ch) using the password which will be notified to the future spouses, future parents or the organiser and for which they are responsible:

- the payments made to the spouses account, parents account or event account by donors,

- the amount of the purchases made,

- the amount of current orders,

- the balance of the spouses account, parents account or event account.

 

ARTICLE 7: PURCHASES, JOINT DECISIONS

The articles selected by the future spouses, future parents or the organiser belong to the future spouses, future parents or the notified relative as their joint property. The transfer of risks in the goods takes place when the goods are made available or installed on the premises of the future spouses, future parents or the notified relative.

In every case, the conditions of delivery (including delivery costs), conditions of exchange, after-sales service and warranties are those of the partners. LISTEV GmbH enters into no commitment whatsoever and declines all liability in connection with the availability and quality of the goods and services of its partners.

 

ARTICLE 8: PURCHASES IN THE PARTNERS STORES AND OF THE PARTNERS BRANDS

The information in this article does not apply to purchases made from travel partners.

 

ARTICLE 8.1: PROCEDURE

In order to initiate the final purchase of goods or services selected from the gift list, the future spouses, future parents or the organiser must complete an order voucher which will be confirmed by LISTEV GmbH and submitted to the partners. The order voucher will only be handed to the partners if the amount of the corresponding purchase is available on the spouses account, parents account or event account.

The goods or services may be handed over in one of the following ways, depending on the partner’s general terms and conditions:

either the goods or services will be delivered by the partner or they must be collected by the future spouses, the future parents or the organiser from the partner or else the future spouses, the future parents or the organiser receive purchasing vouchers; alternatively, the purchase may be made by placing a telephone order or via the Internet.

If the goods or services are collected from the partners or used directly on their premises, the future spouses, the future parents or the organiser will present an identity card or passport which will enable the partners to identify them. They will also produce a copy of the order voucher.

If the future spouses, the future parents or the organiser instruct a third party to effect the purchase in the partners’ stores, that third party must bring with him a valid power of attorney, together with a copy of the order voucher and a copy of the identity card of one of the future spouses, future parents or the organiser. The copy must be clearly legible and the photo must enable the person to be identified. In addition, LISTEV GmbH must also receive a clearly legible copy of the power of attorney and the identification which will be presented to the partner.

For some partner stores or brands, the list of which can be consulted on the LISTEV GmbH website at the time when the purchase is made, the future spouses, the future parents and the organiser will receive purchase vouchers within two weeks of the order. The purchase vouchers are valid for one year from the date of issue which is indicated on every voucher. The purchase vouchers which are sent to the future spouses, the future parents and the organiser cannot be returned or exchanged. No refund can be made in the event of loss or theft. The dispatch costs of these purchase vouchers, of which the amount is stated in the price list, will be debited directly to the spouses account, parents account or the event account.

For other partner  stores or brands, the list of which can be inspected on the LISTEV GmbH Internet site at the time of purchase, the future spouses, future parents or the organiser must contact the LISTEV GmbH order centre by telephone and send an email to the after-sales service in order to effect their purchases as indicated on the LISTEV GmbH Internet site under the procedure for making purchases.

 

ARTICLE 8.2: PRICE

The price of goods purchased from the LISTEV GmbH partners will be debited by LISTEV GmbH to the account of the future spouses, future parents or the organiser at the price stated in the store on the date of purchase, without regard to any special offers or end-of- season sales.

The future spouses, the future parents or the organiser may only benefit from price reductions associated with discounts and end-of-season sales in a selection of partner stores listed on the website www.firstlist.ch or obtainable by phoning number 0844 000 001.

Outside the opening hours of the LISTEV GmbH customer service indicated on the website www.firstlist.ch under “Procedure”, the partner stores may place the order on a waiting list until the LISTEV GmbH customer service has opened.

 

ARTICLE 9: TRAVEL

 

ARTICLE 9.1: PROCEDURE

The future spouses, future parents or organiser may access travel offered and sold by First List Travel, LISTEV GmbH.

The travel will be booked directly by the future spouses, future parents or organiser with First List Travel, and can pay for the travel from the spouses account, parents account or event account.

A contract with special terms of use will be signed by the future spouses, future parents or organiser when booking the travel.

 

ARTICLE 9.2: PRICE

The prices, booking and cancellation conditions are those of the offer.

 

 

ARTICLE 10: PURCHASES FROM STORES OF SUPPLIERS WHO ARE NOT PARTNERS

Purchases may be made from stores of non-partners exclusively in Switzerland if LISTEV GmbH has so agreed.

The price of the articles purchased from non-partners will be debited by LISTEV GmbH to the spouses account, parents account or event account, with the addition of a margin stipulated in the price list. The amount indicated in the previous paragraph will be debited to the spouses account, parents account or event account by LISTEV GmbH as soon as LISTEV GmbH has received a signed order voucher from the future spouses, the future parents or the organiser.

 

ARTICLE 11: CREDITING BACK TO THE ACCOUNT

 

If the balance of the account is withdrawn in cash, LISTEV GmbH will retain a percentage of the balance at the time of the deduction as per the price list.

 

If the list is cancelled and if the payments made by the donors have to be repaid by LISTEV GmbH, the latter will receive a commission, the amount of which is stated on the price list. The future spouses, future parents or the organiser must present to LISTEV GmbH a complete list of the payments to be made, the name and address of the beneficiary and his bank account details.

 

If the list is cancelled and the amount available on the account has to be repaid to the donors, the future spouses, future parents or the organiser may withdraw the amount in cash after deduction of the percentage due to LISTEV GmbH as stated on the price list and repay the amounts to the donors themselves.

 

ARTICLE12: JOINT AND SEVERAL LIABILITY

The future spouses, the future parents or the organiser have joint and several liability to LISTEV GmbH for the obligations incumbent upon them under the agreement with LISTEV GmbH.

 

ARTICLE 13: LIABILITY

LISTEV GmbH cannot under any circumstances be held liable for prejudice either direct or indirect or any grounds whatsoever, including any economic loss such as loss of profit, loss of activity, loss of customers or intended savings, cancellation costs, damage to image, loss of hoped-for gain and/or possibilities.

LISTEV GmbH cannot under any circumstances be held liable for non-compliance with the agreement which has been concluded, e.g. in the event of stock shortages, non-availability of goods or services, force majeure, and all other damage of a tangible or intangible or physical nature arising from inappropriate use of the goods or services purchased by the future spouses, the future parents or the organiser.

The same applies to any alterations made by the partners to the products.

LISTEV GmbH cannot under any circumstances be held liable for failure by a partner or for any damage caused by their goods or services.

At all events, if the liability of LISTEV GmbH for the services provided by it is invoked, the maximum compensation which can be imposed upon LISTEV GmbH amounts to 12% of the highest balance ever available on the spouses account, the parents account or the account for other events.

The technical unpredictability associated with the internet makes it impossible for LISTEV GmbH to guarantee uninterrupted working of the LISTEV GmbH internet site and of the related services. LISTEV GmbH cannot therefore be held liable for cases in which the services of the website www.firstlist.ch or any other websites used are not available or are not in working order because of breakdown, maintenance work or renewal. LISTEV GmbH likewise cannot guarantee that use of the online offer is possible by means of all navigation systems and all types of hardware and software.

 

ARTICLE 14: FORCE MAJEURE

None of the parties may be held liable by the others for non-compliance with an obligation imposed by the general conditions or by the agreement in the event of force majeure or accidental occurrence such as social conflict, bad weather, epidemic, water damage, fire, natural disaster, earthquake, explosions, intervention by the civil or military authorities, restrictions imposed by the government or by law, interruption of the power supply or telecommunication networks.

In any such case, the obligations arising from the general terms and conditions or from the agreement will be cancelled unless a specific guarantee has been agreed in this regard between the parties. If an instance of force majeure or chance occurrence has implications for more than three successive months, the parties must agree whether to maintain or cancel the agreement.

 

ARTICLE 15: PERSONAL PARTICULARS

The personal particulars about the future spouses, the future parents and the organiser and every user of the LISTEV GmbH services may be processed automatically.

The personal particulars of the future spouses, the future parents or the organiser will be used only for management of the spouses account, parents account or the event account with LISTEV GmbH, to draw up trade statistics and, if they have given their express consent, to dispatch catalogues and commercial offers originating solely from LISTEV GmbH and the partners and to comply with any form of statutory requirement. The recipients of these particulars are the commercial departments, the marketing and bookkeeping services of LISTEV GmbH, their trading partners and the donors.

The personal particulars about the donors can be used only to register their gifts and for the purpose of management of the spouses account, the parents account or the event account and to provide information to the future spouses, the future parents or the organiser. Every donor agrees that his own particulars may be disclosed to the future spouses, the future parents or the organiser and that the amount of the gift in their favour and the goods and services for which the donation was intended will be stated.

The future spouses, the future parents, the organiser and all users have the right to access, amend and withdraw the personal particulars concerning them held by LISTEV GmbH. To exercise that right, it is sufficient to state their intention in a letter to LISTEV GmbH, access rights, c/o Iléna Muller krappl, Stockrütistrasse 16, 8115 Hüttikon-Zürich, or by telephoning number 0844 000 001, or by email to info@firstlist.ch.

 

ARTICLE 16: ASSIGNMENT OF THE RIGHTS

The future spouses, the future parents or the organiser specifically acknowledge the fact that the rights and obligations arising out of the general terms and conditions and list agreements may be transferred by LISTEV GmbH to any third company of their choice. The future spouses, future parents or organiser expressly declare that the services of LISTEV GmbH are in no cases of an intimate nature.

Any such transfer will be notified to the future spouses, the future parents or the organiser. From the time of notification of the assignment, the assignor is released from any obligation.

All obligations of the future spouses, the future parents or the organiser shall be transferred to the assignee of the rights of LISTEV GmbH; they expressly and definitively accept this provision.

The future spouses, the future parents or the organiser therefore undertake from the time at which the notice of assignment is received to continue the contractual ties which they previously had with LISTEV GmbH with the person who is to act in lieu of LISTEV GmbH following the assignment. For their part, the future spouses, future parents or organiser may not in any way assign their rights under the agreement between the parties without the prior written consent of LISTEV GmbH.

 

ARTICLE 17: INDEPENDENCE OF THE CONTRACTUAL CLAUSES

Should any clause of the general terms and conditions or of any other contract document between the parties be declared invalid in whole or in part or contested, it shall be deemed not to have been written and all the other clauses shall remain valid.

The clause(s) which has(have) been declared invalid must be replaced by a clause which reflects the intention of the parties at the time when the agreement is concluded.

The temporary or permanent waiver by LISTEV GmbH of the exercise of any of its rights arising out of the agreement between the parties cannot be regarded as a waiver or consent to any non-compliance by the future spouses, future parents or the organiser.

 

ARTICLE18: APPLICABLE LAW

The contractual ties between the users and LISTEV GmbH and the actions dependent upon such ties shall be governed by Swiss law.

 

ARTICLE 19: RESOLUTION OF DISPUTES

In the case of all disputes arising out of the interpretation and application of the general terms and conditions or any other contract documents between the parties, apart from issues relating to the price of the goods to be purchased by the future spouses, the future parents or the organiser over which LISTEV GmbH has no influence and for which it has no liability, the parties undertake to arrive at an amicable settlement. Should such an amicable settlement prove impossible to achieve, the dispute will be subject to the sole jurisdiction of the ordinary courts of the city of Zurich.

 

 

LISTEV GmbH price list, valid from 01 January 2011 to 31 December 2012

For the services stipulated in the list agreement and in the general terms and conditions (inclusive of tax).

Transfer of the balance from the account on private account without entering into a transaction with partners of LISTEV GmbH:
- Commission free (except deduction of 2.6% credit cards and transfer fees) if 70% of the total of your account has been spent with partners or at our travel agency First List Travel.

- a 10% commission (net of 2.6% of credit cards and transfer fees) will be deducted of the transfered amount, if less than 70% of the total of your account has been spent with partners or at our travel agency First List Travel.

 

Fixed annual sum from the first anniversary of the opening of the spouses account, parents account or event account: 70 CHF.

Supplement for access to end-of-season sales and discounts of the partner stores : 10% (net of 2.6% of credit cards and transfer fees) of purchase sum.

Margin of LISTEV GmbH for purchases of goods and services from non-partner stores: 10% (net of 2.6% of credit cards and transfer fees) of purchase amount.

Cancellation of the account: 10% (net of 2.6% of credit cards and transfer fees) of account at the moment of cancellation.

 


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