§1 Scope and availability of the General Terms and Conditions
Miss Moneypenny Technologies GmbH, Hardenbergstr. 32, 10623 Berlin (hereinafter "Miss Moneypenny Technologies" or "we" or "us") operates an offer for individual presents and gift packages (hereinafter "gift package(s)") within a campaign with various partners ("voucher issuers") under this domain (hereinafter the "website"). The following General Terms and Conditions (hereinafter the "GTC") govern the contractual relationship between us and visitors to the website (hereinafter the "customer" or "you"). Any terms and conditions of the customer do not apply unless we have previously expressly agreed to their validity in writing. The GTC can be accessed on this website at any time and can be printed out or saved on a local computer.
§2 Promotion, Period, and Conclusion of Contract
This one-time offer is free of charge and only available for one gift package per voucher code during the promotional period specified in your invitation email. Voucher codes can no longer be redeemed after the promotion has ended. We reserve the right to voluntarily extend the promotion without acknowledging any legal claim. When you visit our website, you will receive a selection of gifts, the availability and composition of which are at our discretion. We will make every reasonable and economically reasonable effort to ship the package containing the products shown. However, we reserve the right to replace individual components with comparable products.
When you click on a gift package, the products contained therein are displayed, and the key features of the products are presented in the corresponding item descriptions. You can select the desired gift package by clicking the corresponding field. The same applies to greeting cards, which you can personalize by entering your own text and then have included in a gift package (the "Greeting Card").
You can complete the ordering process by clicking the "Send gift" button, thereby placing a binding order for the selected products. By clicking the "I agree to the General Terms and Conditions and the Privacy Policy" button, you acknowledge the validity of these Terms and Conditions for your order. The voucher code you entered when visiting the website is then considered redeemed and cannot be used for any other purpose.
§3 Delivery
Delivery will take place after receipt of the order via a shipping service provider to be determined by us. We will use the shipping address you provide for this purpose; we do not verify the address for accuracy. In exceptional cases, if your selected package is not available, we will send you an equivalent alternative.
§4 Defects and Liability
Statutory liability for defects applies to our gift packages. If gift packages are delivered with obvious transport damage, please report such defects immediately to the shipping service provider, have them confirmed in writing where possible, and notify us of any complaints by email immediately after receiving the gift package. We exclude liability for slightly negligent breaches of duty, provided these do not concern essential contractual obligations, damages resulting from injury to life, limb, or health, guarantees, or claims under the Product Liability Act. The same applies to breaches of duty by our vicarious agents and our legal representatives. Essential contractual obligations include, in particular, the obligation to hand over the item to you and to transfer ownership to it to you. Furthermore, we must provide you with the item free of material and legal defects. Liability for consequential damages, in particular for lost profits or compensation for damages to third parties, is excluded unless Miss Moneypenny Technologies are guilty of intent or gross negligence.
§5 Choice of Law, Place of Jurisdiction
The laws of the Federal Republic of Germany shall apply, with the exception of the UN Convention on Contracts for the International Sale of Goods and its conflict of law provisions. The exclusive place of jurisdiction for all disputes arising from this contract is Berlin, to the extent permitted by law.
§6 Severability ClauseShould any provision of these Terms and Conditions be or become legally invalid or unenforceable, this shall not affect the validity of the remaining provisions of this agreement. The same shall apply if it should emerge that the agreement contains a regulatory gap. Instead of the invalid or unenforceable provision or to fill the gap, the parties undertake to agree on an appropriate replacement provision that, as far as legally possible, comes closest to what the parties intended or would have agreed upon had they considered the invalidity or gap.