Entries referred to §5 TMG:
Phone: +49 351 87437640
Fax: +49 351 87437640
Register Court: Dresden
Liability for ContentWe make every effort to keep the information on our Web site current, but accept no liability whatsoever for the content provided. Pursuant to §7 par. 1 of TMG (German Tele-Media Act), the law limits our responsibility as a service provider to our own content on these Web pages.
According to §§8 to 10 of TMG, we are not obligated to monitor third party information provided or stored on our Web site. However, we shall promptly remove any content upon becoming aware that it violates the law. Our liability in such an instance shall commence at the time we become aware of the respective violation.
Liability for LinksOur site contains links to third-party Web sites. We have no influence whatsoever on the information on these Web sites and accept no guaranty for its correctness. The content of such third-party sites is the responsibility of the respective owners/providers.
At the time third-party Web sites were linked to ours, we found NO GROUNDS WHATSOEVER of any likely contravention of the law. We shall promptly delete a link upon becoming aware that it violates the law.
CopyrightsThe content and works provided on these Web pages are governed by the copyright laws of Germany. Duplication, processing, distribution, or any form of commercialization of such material beyond the scope of the copyright law shall require the prior written consent of its respective author or creator.
Data ProtectionPlease be aware that there are inherent security risks in transmitting data, such as e-mails, via the Internet, because it is impossible to safeguard completely against unauthorized access by third parties. Nevertheless, we shall safeguard your data, subject to this limitation. In particular, personal information will be transmitted via the Internet only if it does not infringe upon third-party rights, unless the respective party has given its prior consent in view of such security risks. Accordingly, as the Web site provider, we shall not be held liable for any damages incurred as a consequence of such security risks or for any related acts of omission on our part.
We oppose the use of any available contact information by a third party for sending unsolicited advertisements. As the Web site provider, we reserve the express right to take legal action against unsolicited mailing or e-mailing of spam and other similar advertising materials.
Personal dataPersonal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Data subjectData subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.
ProcessingProcessing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Restriction of processingRestriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.
ProfilingProfiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
PseudonymisationPseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
Controller or controller responsible for the processingController or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
ProcessorProcessor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
RecipientRecipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
Third partyThird party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
ConsentConsent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
2. Name and Address of the controller
Phone: +49 351 87437640
Email: [email protected]
4. Collection of general data and information
5. Registration on our website
6. Subscription to our newsletters
8. Contact possibility via the website
9. Routine erasure and blocking of personal data
10. Rights of the data subject
Right of confirmationEach data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.
Right of accessEach data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:
- the purposes of the processing;
- the categories of personal data concerned;
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
- where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
- the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
- the existence of the right to lodge a complaint with a supervisory authority;
- where the personal data are not collected from the data subject, any available information as to their source;
- the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.
Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller.
Right to rectificationEach data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.
Right to erasure (Right to be forgotten)Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:
- The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
- The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
- The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
- The personal data have been unlawfully processed.
- The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
- The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by the Holyo GmbH, he or she may, at any time, contact any employee of the controller. An employee of Holyo GmbH shall promptly ensure that the erasure request is complied with immediately.
Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. An employees of the Holyo GmbH will arrange the necessary measures in individual cases.
Right of restriction of processingEach data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:
- The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
- The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.
- The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
- The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by the Holyo GmbH, he or she may at any time contact any employee of the controller. The employee of the Holyo GmbH will arrange the restriction of the processing.
Right to data portabilityEach data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.
In order to assert the right to data portability, the data subject may at any time contact any employee of the Holyo GmbH.
Right to objectEach data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.
The Holyo GmbH shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.
If the Holyo GmbH processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to the Holyo GmbH to the processing for direct marketing purposes, the Holyo GmbH will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by the Holyo GmbH for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
In order to exercise the right to object, the data subject may contact any employee of the Holyo GmbH. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.
Automated individual decision-making, including profilingEach data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is not based on the data subject's explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject's explicit consent, the Holyo GmbH shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.
If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of the Holyo GmbH.
Right to withdraw data protection consentEach data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.
If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of the Holyo GmbH.
11. Data protection provisions about the application and use of Facebook
12. Data protection provisions about the application and use of Google AdSense
13. Data protection provisions about the application and use of Google Analytics (with anonymization function)
14. Data protection provisions about the application and use of Google-AdWords
15. Data protection provisions about the application and use of Shariff
16. Payment Method: Data protection provisions about the use of Klarna as a payment processor
17. Payment Method: Data protection provisions about the use of PayPal as a payment processor
18. Payment Method: Data protection provisions about the use of Sofortüberweisung as a payment processor
19. Legal basis for the processing
20. The legitimate interests pursued by the controller or by a third party
21. Period for which the personal data will be stored
22. Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data
23. Existence of automated decision-making
Terms and Conditions Holyo Portal
- The general terms of business below form part of every contract between HOLYO, a trading name of Holyo GmbH, of Werner-Hartmann Straße 6, 01099 Dresden (hereafter, the “Supplier”) and its customers (the “Customer”) and their respective successors and assigns.
- The Supplier provides its services exclusively on the basis of these general terms of business.
- These general terms of business shall apply to all services offered by the Supplier. By accessing the services, the Customer accepts these general terms of business as valid, binding and applicable.
§2 Subject of the contract
- Certain of the Supplier’s products may only be obtained by the Customer subsequent to a pre-existing registration. It is therefore a requirement, if the Customer is to receive such services, that the Customer has an existing and valid registration in accordance with the registration requirements specified during the order process.
- To the extent that any data is not marked as optional, the Customer shall supply complete and accurate information in respect of all data required to complete the registration process.
- The Supplier shall, upon successful completion of the registration process, make an account available to the Customer. Acquisition and management of products that are offered shall take place by means of this account, thereby leading to the formation of the user agreement between the parties. The user agreement represents a separate contract from that governing the acquisition of the products.
- Each of the Customer and the Supplier may terminate the account at any time without notice and without giving a reason for such termination.
- The Customer shall not assign or grant access to the account to any third party.
§4 Formation of the contract
- The Supplier’s marketing material, including without limitation any brochures or advertisements, does not constitute a binding offer on the Party but is instead an invitation to treat.
- The contract between the Supplier and the Customer is formed upon the customer making an offer and either of: a) Express acceptance by the Supplier in writing; or b) Acceptance on the part of the Supplier by performing the services requested by the Customer.
- An order confirmation sent automatically to the customer in the form of an e-mail or an SMS does not represent contractually binding acceptance of the Customer’s offer. It serves solely as a notification that the Supplier has received the Customer’s offer.
- Upon submission of an offer by the Customer, the Supplier shall be entitled to take steps to confirm the Customer’s identity and to verify all data supplied by the Customer during the registration process. The Supplier shall be entitled for this purpose to require the Customer to submit a copy of his or her personal identification documents and/or to contact the Customer by telephone.
§5 Allocation of costs upon cancellation
§6 Payment terms and late payment
- The prices listed in the Supplier’s distribution channels at the time the order is placed shall apply.
- The purchase price shall become due immediately, without notice, upon formation of the contract. Payment of the purchase price may be effected, at the Customer’s option, by means of any of the payment methods offered to the Customer during the order process.
- All prices are retail prices inclusive of all sales taxes.
§7 Retention of title
- The Supplier grants to the Customer are a bare license to use the products purchased by the Customer via the Supplier’s website. A bare licensee, within the meaning of § 31 II of the German Copyright Law (UrhG), is any person who receives from the originator of a work the right to transmit such work in an agreed manner, such licenses in respect of immaterial goods not being capable of assignment in accordance with § 9, para. 6.
- The Customer may not make any use of the Supplier’s products for any commercial purpose. Any distribution or reproduction of the products is hereby expressly prohibited without prejudice to the Supplier’s other rights and remedies.
§9 Customer obligations
- The Customer shall, in respect of all third parties, maintain the confidentiality and security of all personal access data relating to his or her account and/or the Supplier’s products.
- The Customer shall refrain from removing or modifying any copyright notice or other reference to any intellectual property rights.
§10 Breach of obligation by the customer
- The Customer shall be liable to compensate the Supplier in respect of all losses incurred by the Supplier as a result of any breach of any duty or obligation of the Customer arising under these general terms of business, including without limitation those arising under § 3 para. 1 and 5, § 9 para. 4 and § 10.
- In the event that any third party brings any claim arising from any breach of any duty by the Customer, the Customer shall immediately indemnify the Seller upon request in respect of such claim. The Customer shall also be liable for all reasonable and necessary legal defense costs incurred by the Supplier, including all court and attorney’s fees. The customer shall also, in the event of any claim being brought by any other user or any third party, promptly, accurately and comprehensively provide the Supplier with all available information as may be necessary to evaluate and defend such claim. Any claim or remedy of the Supplier as against the Customer shall not thereby be prejudiced.
- The obligations set out at paras 1 and 2 above shall not apply where the Customer is not responsible for the alleged infringement.
§11 Limits and exclusions of liability / Indemnities
- Save in respect of death and personal injury, the Supplier shall only be liable for willful misconduct or gross negligence, or to the extent that its conduct otherwise amounts to a culpable breach of a material obligation under this Contract on the part of the Supplier, its employees, or subcontractors. This exclusion shall also apply in respect of loss or damage arising from any breach or alleged breach of duty in relation to contractual negotiations or as a result of any prohibited conduct. Accordingly, any liability for any damages thereby arising is hereby excluded.
- Save in respect of liability for intentional or grossly negligent conduct, fundamental breach of contract or death or personal injury on the part of the Supplier, its employees or subcontractors, the Supplier’s liability shall be limited to the average amount of damages that would reasonably be foreseeable upon entering into a contract of this nature. This clause shall also apply to apply in respect of consequential losses, including without limitation loss of profit.
- No liability or responsibility is assumed in respect of information or content that may be accessed from this website via any link.
- The terms of all product liability legislation are not affected.
§12 Electronic communication
§13 Miscellaneous provisions and severability
- The Supplier reserves the right, subject to any legal requirements, to modify the provisions of these general terms of business at any time and without giving a reason.
- In the event that a Customer objects to such modification within the first four weeks of validity of the new general terms of business, the Supplier reserves the right to terminate the contractual relationship with the Customer.
- Should any individual provision of this contract be invalid, the remaining provisions of the contract shall remain in full force and effect.
- The parties agree that German law shall apply.
- To the extent that the Customer deals as a business within the meaning of the German Commercial Code (HGB), the local court of the Supplier’s registered office is agreed to be the court of competent jurisdiction.
01099 Dresden Deutschland
Consequences of cancellation
Nintendo eShop Fund code
- To redeem the Nintendo eShop Fund code, you must have a European version of a Wii U™, Wii™, Nintendo DSi™, Nintendo DSi™ XL, Nintendo 3DS™ or Nintendo 3DS™ XL, a broadband wireless internet connection and register a shop account on the respective console (shop terms and conditions apply). Redemption is subject to the availability of the respective shop service. For more information on the applicable terms visit ms.nintendo-europe.com/terms/. For information on the Nintendo eShop Fund code, visit www.nintendo.eu.
- The code:
- can only be redeemed via a shop using the same currency as that used to purchase the code;
- can only be redeemed once and at its full value; the value of the code cannot be split across different Nintendo consoles or between different shop accounts; and
- cannot be exchanged, refunded or otherwise redeemed for cash.
- In all cases, follow the on-screen instructions and enter the code carefully as directed.
- These terms are also available at http://ms.nintendo-europe.com/terms/.
Terms of Service
Part A: General part
- Holyo GmbH, Werner Hartmann Straße 6, 01099 Dresden, Tel. +49 351 87437640, email [email protected], entered in the commercial register of the District Court of Dresden under HRB 30756, VAT Identification number: DE280122755, represented by the managing director Jens Garberding, ("HOLYO" or "we") offers the sale of digital vouchers from third parties, our redemption partners, via the website operated by it www.holyo.com ("HOLYO website") subject to these general terms and conditions (“HOLYO customer terms and conditions” or the “GTC”).
- The voucher can be purchased using one of the payment options listed on the HOLYO website. With every order, we reserve the right not to offer certain payment methods and to accept other payment methods refer. The voucher can also be purchased in accordance with the conditions listed in Part B of the HOLYO Customer Terms and Conditions by redeeming a credit electronically stored in the HOLYO WALLET.
- The conditions specified in part C of the HOLYO customer terms and conditions apply to the loading of the credit in the HOLYO-WALLET by redeeming a HOLYO CARD purchased on the HOLYO website or in a shop.
- SCOPE OF APPLICATION
The purchase of vouchers, the loading and redemption of a credit in your HOLYO WALLET and the purchase and redemption of a HOLYO Card are exclusively subject to the currently valid version of the current HOLYO Customer General Terms and Conditions. Any general terms and conditions that conflict with or deviate from these General Terms and Conditions shall not apply.
- OUR REDEMPTION PARTNERS
- You can find our redeeming partners, whose vouchers are currently purchased and with whom a credit stored in the HOLYO WALLET can currently be redeemed, at holyo.com/redeem.
- We are under no obligation to work with any particular redemption partner on an ongoing basis. If a previous redemption partner leaves the cooperation system, vouchers from this redemption partner can no longer be purchased and credit stored in the HOLYO WALLET can no longer be redeemed for vouchers from the former redemption partner. This also applies in the event that a redemption partner was advertised as a redemption partner when topping up the credit stored in the HOLYO WALLET on the HOLYO website or in retail. If you are denied the redemption of the credit stored in the HOLYO WALLET for vouchers from a former redemption partner according to the above sentences and the former redemption partner was advertised on the HOLYO website up to a maximum of one week before the attempted redemption, so you can, provided you do not use the credit stored in the HOLYO WALLET If you want to redeem vouchers from another redemption partner, ask us to pay out the credit stored in the HOLYO WALLET.
- Issuer and debtor of the vouchers you have ordered from the redeeming partners are the respective redeeming partners who provide their services on the basis of their own contract subject to their own contractual conditions.
- We only owe you the sending of the voucher(s) from the respective redeeming partner.
- ORDER PROCESS
- After you have selected a redemption partner for purchasing a voucher on the HOLYO website, you will be shown a window where you can click the "Request voucher for this shop" button. If you click this, you will be asked to enter your name and email address. To complete the ordering process, you must read and accept the terms and conditions as well as any special conditions for redeeming vouchers from our redeeming partners, select the payment option you want and enter your payment details and click on "Send & request voucher". At this moment, you submit the offer to purchase the selected voucher from the redeeming partner.
- Your offer is accepted by confirming your entries and sending the coupon code from the redeeming partner. Depending on which vouchers you have ordered, you will receive them by e-mail and can then redeem them with our redemption partners. Delivery is usually within a few minutes. An exchange for vouchers from other redeeming partners is no longer possible once the order process has been completed.
- HOLYO's service is deemed to have been fulfilled with the successful delivery of the redeeming partner's voucher code. The moment in which the voucher code of the redeeming partner was sent to you is considered to be a successful delivery. The code has now passed into your area of disposal and the ordering process is considered complete. There is no obligation to save voucher codes from redeeming partners after this point in time. Should HOYLO continue to store data for processing or other mandatory reasons, this period will not be longer than 48 hours for security reasons.
- We are only liable for damages - for whatever legal reason - in the case of intent and gross negligence. In the case of simple negligence, we are only liable for claims for damages from injury to life, limb, health, in the event of delay and impossibility or for claims for damages from the violation of essential contractual obligations. Significant contractual obligations are those obligations the fulfillment of which is essential for the proper execution of the contract and the observance of which the other party may regularly rely on. Liability according to this Section 4.1 is limited to the amount of the typically foreseeable damage in the case of financial loss and damage to property.
- The aforementioned limitations of liability do not apply in cases of mandatory legal liability, in particular under the Product Liability Act, when a guarantee is assumed and in the event of culpable injury to life, limb or health.
- If you have a HOLYO WALLET, please keep your access data for the HOLYO WALLET carefully and prevent unauthorized third parties from gaining knowledge of the access data for your HOLYO WALLET, as we are not liable for unauthorized redemption of the account for which we are not responsible Take over credit in the HOLYO WALLET.
- If you purchase or own a HOLYO CARD, please keep this HOLYO CARD safe and prevent unauthorized third parties from gaining knowledge of the code of your HOLYO CARD, since the loss of your HOLYO CARD or unauthorized redemption is equivalent to the loss of cash . We assume no liability for loss, theft or illegibility of the HOLYO CARD for which we are not responsible.
- ON BILL
Offsetting by the customer with counterclaims is only permitted in the case of undisputed or legally established claims.
- JURISDICTION AND CHOICE OF LAW
The place of jurisdiction for all legal disputes in the relationship between HOYLO and the customer is Dresden if the customer is a merchant or a legal entity under public law. German law applies exclusively, excluding the UN sales law.
- MODIFICATION OF TERMS AND CONDITIONS
We reserve the right to make changes to the HOLYO website and the HOLYO Terms and Conditions at any time. When ordering the HOLYO CARD and redeeming the credit in the HOLYO WALLET, the HOLYO customer terms and conditions that are in force at the time of your order apply.
Should individual provisions of these General Terms and Conditions, including parts B and C, be or become wholly or partially invalid, the validity of the remaining provisions or parts of such provisions shall remain unaffected. Instead of the invalid or missing provisions, the respective statutory regulations apply.
Part B: Use of the HOLYO WALLET and voucher redemption
- SCOPE OF APPLICATION
The use of the HOLYO WALLET and the purchase of vouchers from our redeeming partners via the HOLYO WALLET is subject to the following conditions.
- SCOPE OF OUR OFFER
- You can register on the HOLYO website and set up a HOLYO WALLET. The credit stored electronically in the HOLYO WALLET entitles you to redeem it for vouchers from our redeeming partners, which are in the cooperation system at the time of redemption. In order to fully use the available credit in your HOLYO WALLET by redeeming vouchers from our redeeming partners, an additional payment may be necessary depending on the credit balance. Issuer and debtor of the vouchers ordered by you in the course of redemption are the respective redemption partners, who provide their services on the basis of their own contract under their own terms and conditions.
- When redeeming the credit in your HOLYO WALLET, a contract is only concluded with HOLYO, but not with our redemption partners.
- We only owe you the sending of the voucher(s) from the respective redeeming partner.
- HOW TO USE THE HOLYO WALLET
- You can register on the HOLYO website and set up a HOLYO WALLET in order to use the credit stored in it to purchase vouchers from our redeeming partners.
- The credit in your HOYLO WALLET can be topped up as a credit by directly topping up the HOYLO WALLET using the payment options listed under IV. PAYMENT.
- The credit in your HOLYO WALLET can only be used at HOLYO to redeem vouchers from our redeeming partners and does not earn any interest.
- The balance stored in the HOLYO WALLET will not be accepted by any entity other than HOLYO. A payout of the credit in the HOLYO WALLET is not possible. An exception to this applies only in the cases specified in Part A, Section III.2. Clause 4 of the HOLYO Customer Terms and Conditions.
- You can choose from various payment options listed on the HOLYO website to top up the HOLYO WALLET balance. With every order, we reserve the right not to offer certain payment methods and to refer to other payment methods. The credit balance of the HOLYO WALLET can also be topped up by redeeming a HOLYO CARD in accordance with the conditions listed in Part C of the HOLYO Customer Terms and Conditions.
- You will only receive the credit into your HOLYO WALLET after receipt of payment. If you choose the direct debit payment method and the direct debit cannot be redeemed, we will immediately block the credit on the HOYLO WALLET in the amount of the corresponding credit until the payment has been made. The same applies to subsequent reports from a payment provider, e.g. due to insufficient funds or suspected fraud.
- REDEMPTION PROCESS
- The credit in your HOLYO WALLET entitles you to purchase digital vouchers from our redeeming partners.
- To do this, after logging into your HOLYO WALLET on the HOLYO website, please select one of the redeeming partners displayed from whom you would like to purchase a voucher and redeem the credit in your HOLYO WALLET, in whole or in part. You will then be shown the available value levels of vouchers from the selected redeeming partner. You can purchase vouchers with a value that exceeds the current balance in your HOLYO Wallet for a corresponding surcharge.
- After you have selected a redemption partner, you will be presented with a window where you can click the "Request a voucher for this shop" button. If you click this, you will be asked to enter your name and email address. To complete the redemption process, you must read and accept the terms and conditions and any special conditions for the voucher redemption of our redemption partners and click on "Send & request voucher". At this moment you make the offer to redeem your credit in the HOLYO WALLET.
- Your offer is accepted by confirming your entries and sending the coupon code from the redeeming partner. Depending on which vouchers you have ordered, you will receive them by e-mail and can then redeem them with our redemption partners. An exchange for vouchers from other redemption partners is no longer possible once the redemption process has ended.
- HOLYO's service is deemed to have been fulfilled with the successful delivery of the partner code. The moment in which the code of the partner company was visibly displayed or transmitted to a customer is considered successful delivery. The code has now become available to the redeeming person and the redemption process is deemed to have been completed. There is no obligation to store partner codes after this point in time. Should HOYLO continue to store data for processing or other mandatory reasons, this period will not be longer than 48 hours for security reasons.
- The credit in your HOLYO WALLET must be redeemed in your own name and on your own account. Redemption on third-party account is not permitted.
- HOLYO reserves the right to block or block the redemption of the credit on the HOLYO WALLET or to delay it for an extended check, if this is necessary for official requirements or internal company processes such as risk management or checking the contractual behavior of sales outlets or users.
- For the cases named in Section 7 of this section, HOLYO reserves the right to charge commercial customers for processing times. These can be offset against the existing balance in your HOLYO WALLET.
- DELIVERY OF THE VOUCHER FROM OUR REDEMPTION PARTNERS
The delivery after redeeming the credit of your HOLYO WALLET in the voucher of one of our redeeming partners usually takes place within a few minutes by e-mail.
- VALIDITY OF BALANCE IN HOLYO WALLET
- The limitation period for using the credit in your HOLYO WALLET is based on the regular statutory limitation period in accordance with § 195 BGB and is three years.
- According to § 199 sentence 1 BGB, the limitation period begins at the end of the year in which the respective credit was loaded on the HOYLO WALLET. When using the credit on the HOLYO WALLET, the (remaining) credit that has existed for the longest time is used up.
- A refund of the payment made when loading the HOLYO WALLET is generally not possible.
Part C: Conditions for purchasing and redeeming the HOLYO CARD
- SCOPE OF APPLICATION
- The HOLY CARD is a voucher issued by HOLYO and which can be used by the users only at HOLYO on the HOLYO website for the purpose of recharging the HOLYO WALLET. A direct redemption of the voucher value stored on the HOLYO CARD against our partner vouchers is not possible.
- The following conditions apply to the purchase of a HOLYO CARD and the loading of the balance in the HOLYO-WALLET by redeeming a HOLYO CARD.
- PURCHASING THE HOLYO CARD
You can purchase the HOLYO CARD on the HOLYO website or in stores from third parties. The face value of the HOLYO CARD corresponds to the face value of the amount that you credit to your HOLYO WALLET. To redeem the HOLYO CARD, you will receive a 16-digit alphanumeric code when you purchase the HOLYO CARD.
- REDEEMING THE HOLYO CARD
- You can use the credit saved on the HOLYO CARD to top up your credit in the HOLYO WALLET.
- To redeem your HOLYO CARD, please use the voucher code (“My Code”) printed on the back of the HOLYO CARD in the “Redeem Voucher” area on the HOLYO website.
- The credit stored on the HOLYO CARD is transferred to the HOLYO WALLET by entering and confirming the code in the input field provided. With the confirmation, the credit is transferred from the HOLYO CARD to the HOLYO WALLET.
- You can only use the credit saved on the HOLYO CARD to top up the credit in your HOLYO WALLET. A payout of the credit on the HOLYO CARD or a direct redemption in vouchers from our redemption partners is not possible.
- The HOLYO CARD can only be redeemed once and cannot be changed once the above process has been completed.
- The credit on the HOLYO CARD can only be redeemed in one's own name and for one's own account.
- VALIDITY OF HOLYO CARD
- The limitation period for redeeming the HOLYO CARD is based on the regular statutory limitation period in accordance with § 195 BGB and is three years.
- According to Section 199 Sentence 1 BGB, the limitation period begins at the end of the year in which the HOLYO CARD was purchased.
- A refund of the payment made when purchasing the HOLYO CARD is generally not possible.