1. General Terms and Conditions (AGB)
1 Subject matter of the contract and scope of application
1.1 General provisions
1.1.1 On the websites www.deindeal.ch (hereinafter "DeinDeal.ch") and www.my-store.ch (hereinafter "My-Store.ch", "Mystore.ch" and "DeinDeal.ch" together hereinafter "Websites") operated by DeinDeal AG (hereinafter "DeinDeal") or on the associated mobile applications, promotional offers (hereinafter "Deals") are offered to the customer (hereinafter "Customer") for purchase at discounted conditions for a limited period of time as part of sales promotions:
● Vouchers for the purchase of services and goods from other companies (hereinafter "vouchers"); and
● services or goods from other companies (hereinafter "products").
1.1.2 The services of DeinDeal are limited to the operation of the websites, the publication and advertising of the Deals, the technical processing of the conclusion of the contract, the dispatch of corresponding proofs (vouchers or order confirmations), the dispatch of products and the collection of the corresponding purchase prices. With regard to the purchase of vouchers, however, DeinDeal always acts only as an intermediary for the companies that offer the vouchers via DeinDeal.ch and/or My-Store.ch (hereinafter "Partner"). When purchasing vouchers, a purchase contract is always concluded directly between the customer and the Partner. DeinDeal is not the direct contractual partner of the customer.
1.1.3 For the use of the websites, the services of DeinDeal (as operator of these websites) and all related legal relationships, these General Terms and Conditions (hereinafter "GTC") apply exclusively.
1.1.4 DeinDeal.ch and My-Store.ch are operated by
DeinDeal AG
Flurstrasse 55
8048 Zürich
E-mail: support@deindeal.ch
1.1.5 The GTC are accepted either by ticking the appropriate box during the order process or by the websites or other services of DeinDeal. The GTC can be accessed at any time on My-Store.ch and DeinDeal.ch under General Terms and Conditions, printed out or saved locally.
1.1.6 The following provisions under Title 2 apply exclusively to the purchase of vouchers (for the purchase of products, see Title 3 below).
2 Provisions for the purchase of vouchers
2.1 General information
2.1.1 DeinDeal offers the vouchers for the respective Partner, accepts the customer's payment and forwards it to the Partner. DeinDeal acts as an intermediary (third party) between the customer and the seller for all vouchers.
2.1.2 The voucher entitles the customer to purchase a product from the DeinDeal partner. This only during a certain period of time at discounted conditions according to the detailed description of the deal. If a validity period is noted on the voucher, the voucher can only be redeemed with the partner within this validity period. If the customer does not redeem the voucher within the validity period, they forfeit their right to purchase the corresponding product and the voucher expires without compensation, unless special conditions that deviate from the rule are expressly stated in the deal.
2.1.3 The sale of the voucher is only concluded if DeinDeal was able to successfully book the customer's payment. If the payment is not successful (e.g. because the credit card number is incorrect or the credit card has been overdrawn), the sale of the voucher will not take place.
2.1.4 After a successful purchase, the voucher is saved in the customer's My-Store.ch/DeinDeal.ch account and is available as a PDF for downloading and printing. It contains all the relevant data required for redemption.
2.1.5 All vouchers are provided with a code number, which the partner compares with a list available to them when redeeming the voucher. Vouchers are transferable unless otherwise stated on the voucher. Duplicating, editing or manipulating the vouchers is not permitted. DeinDeal reserves the right to take legal action in the event of misuse.
2.1.6 Unless otherwise stated in the description of the deal, a voucher can only be redeemed once.
2.1.7 The duration of the sales promotions is limited in time and is determined individually for each deal by DeinDeal. No further purchase of vouchers is possible after the time has expired. If, after the expiry of the duration of a Deal, it is shown incorrectly due to technical errors, DeinDeal is entitled to declare a contract for the purchase of vouchers or products to be non-binding. Payments already made will be refunded to the customer immediately
2.1.8 The respective partners are solely responsible for the proper and defect-free fulfilment of the products to be purchased with the vouchers and DeinDeal does not provide any guarantee for this. Likewise, DeinDeal is not liable in the event that the Partner can no longer provide the service embodied in the voucher. This applies in particular to cases of cessation of business, subjective or objective inability to perform (due to fault or not), including any bankruptcy, liquidation or similar event affecting the Partner. Should problems of a technical or logistical nature during the redemption of the voucher or the delivery of the products, DeinDeal will endeavour to find a solution. In this case, DeinDeal must be contacted during the validity of the voucher via the contact form or by telephone. Under no circumstances shall DeinDeal be liable for the service or products to be redeemed with the vouchers at the partner's premises or for any damage or consequential damage suffered as a result. The Partner shall be exclusively liable for such claims in accordance with the contracts concluded between the Partner and the Customer, insofar as liability arises therefrom.
2.2 Cancellation option in general
2.2.1 The customer has the right to cancel the purchase of the voucher in writing (e.g. by letter or e-mail) within a period of 30 (thirty) days, provided that the voucher has not yet been redeemed or its validity period has not already expired. The cancellation period runs from the date of purchase. Timely dispatch of the cancellation is sufficient to comply with the cancellation period. DeinDeal reserves the right to exclude returns for certain deals at its own discretion. This condition is noted directly in the deal or on the website.
2.2.2 Once the voucher has been redeemed with the partner, cancellation is no longer possible.
2.2.3 The cancellation must be addressed to:
DeinDeal AG
Flurstrasse 55
8048 Zürich
E-mail: support@deindeal.ch
2.2.4 In the event of a timely (decisive is the receipt at DeinDeal within the period that must be proven by the customer) and effective cancellation, the voucher purchased by the customer becomes invalid and his payment will be refunded to him within 30 (thirty) days of receipt of his declaration of cancellation.
2.3 Special conditions for "travel" deals
2.3.1 The purchase of a travel service offered by a partner of the type "travel provider" on My-Store.ch and/or DeinDeal.ch requires the acceptance of the GTC of said partner.
The booking, final payment, order confirmation and contact with customer service are made exclusively via the third-party partner and under the conditions expressly stated in the voucher purchased and in the partner's general terms and conditions. Any cancellation or amendment costs shall be borne by the customer.
2.3.2 If DeinDeal has accepted the cancellation in accordance with section 2.2 and if the cancellation is valid and made in time, it is the customer's responsibility to process the cancellation with the respective partner in accordance with the partner's GTC.
2.4 General conditions for the "Carefree Guarantee"
2.4.1 DeinDeal reserves the right to offer an additional guarantee, the so-called "Carefree Guarantee". This guarantee provides for the reimbursement of an unredeemed voucher in the form of a credit note for the Website. The credit can be used at the discretion of DeinDeal either for the subsequent purchase of another voucher of the same category or used on the entire DeinDeal.ch or My-Store.ch website.
2.4.2 "Carefree guarantee" conditions
● Voucher with the note "Carefree guarantee"
● Voucher was paid in full including all other costs
● Voucher is valid, not cancelled, not refunded and not yet used (not even partially)
● Written request, specifically by e-mail, for activation of the "Carefree Guarantee" to DeinDeal (support@deindeal.ch)
● Formulation of the written application within the period of validity of the voucher in question
●
3 Provisions for the purchase of products
3.1 The following provisions under Title 3 apply exclusively to the purchase of products (for the purchase of vouchers, see Title 2 above).
3.2 General information
The customer acknowledges that the products on the websites can only be offered at discounted conditions because several customers buy the corresponding products at the same time and at the same, non-negotiable conditions as part of a sales promotion and DeinDeal can purchase and/or have these products delivered by a product supplier at discounted conditions.
3.3 Product suppliers
DeinDeal has decided not to systematically become a member of the official distribution networks for certain items. This applies in particular to the brands
that are offered for sale on My-Store.ch and/or DeinDeal.ch. DeinDeal is therefore in a position to offer customers genuine branded goods at favourable conditions in a legal manner that has been expressly approved by the Federal Supreme Court.
3.4 Alcoholic beverages, tobacco products and nicotine products
3.4.1 Alcoholic beverages, tobacco products and nicotine products are not sold to young people under the age of 18. During the order process, the customer must confirm that they are 18 years of age or older. If this minimum age is not reached, the customer cannot accept the offer and no contract can be concluded. The customer is obliged to provide truthful personal details. DeinDeal reserves the right to request a copy of an identity document or similar proof of age without giving reasons.
3.5 Delivery modalities
3.5.1 Deliveries are only made within Switzerland to the address specified during registration or when ordering (hereinafter "address").
3.5.2 In the event of an incorrect or incomplete address or in the event of undeliverability during normal business hours, DeinDeal assumes no liability for the delivery of the product. DeinDeal reserves the right to withdraw from the contract if the delivery fails twice. In this case, payments already made by the customer will be refunded minus the shipping costs incurred.
3.5.3 The delivery costs shall be borne by the customer. The amount of the delivery costs, including VAT, is shown during the order process on DeinDeal.ch or My-Store.ch and may vary depending on the offer or product.
3.5.4 Information on availability and delivery times is provided at the time of purchase. Due to an error in the IT infrastructure, products may not be available as expected. In this case, the rule in section 3.5.8 applies.
3.5.5 DeinDeal assumes no liability in the event of theft, loss or any damage to a parcel after proper dispatch. The risks associated with the shipment are transferred to the Customer as soon as the parcel is handed over to the carrier.
3.5.6 General cargo deliveries are made to the kerbside. Depending on the supplier, deliveries and assembly may be subject to a surcharge, but are not included in the purchase price unless expressly stated.
3.5.7 In cases of force majeure, the delivery period may extended or delivery may become completely impossible. Force majeure includes in particular strikes, lockouts, official interventions, energy and raw material shortages, transport bottlenecks, operational hindrances, e.g. due to fire, water, machine damage and lightning strikes, failure of the IT infrastructure and all other hindrances, such as late delivery by product suppliers, which DeinDeal could not foresee and for which DeinDeal is not responsible.
3.5.8 DeinDeal will inform the customer by e-mail in the event of a delay. In no case, however, does this lead to a right to reimbursement or compensation. If a product is not available, DeinDeal will also inform the Customer by e-mail and refund the purchase price. Further claims (e.g. for expenses, damages) against DeinDeal are excluded. In particular, the customer has no right to delivery of the product (no real fulfilment).
3.6 Retention of title
3.6.1 Ownership of the products shall only pass to the customer upon full payment of the purchase price. DeinDeal is authorised to have a corresponding reservation entered in the relevant retention of title register. By confirming these GTC, the customer gives his consent in all essential points to the registration of such a reservation of title. In addition, he is obliged to confirm his consent to DeinDeal in writing in all essential points for the registration of the retention of title upon first request (Art. 4 para. 4 of the Ordinance of the Federal Supreme Court on the Registration of Retentions of Title). The customer is not authorised to resell a product until the respective purchase price has been paid in full. DeinDeal is entitled to charge the customer for proven costs and efforts for the registration of the retention of title.
3.7 Right of cancellation
3.7.1 Subject to Sections 3.7.6 and 3.7.7 of these GTC, the Customer has the right to cancel an order at any time prior to receipt of the delivery without giving reasons via the contact form or to return it to DeinDeal up to 30 (thirty) days after receipt. The goods must be returned to DeinDeal within 30 (thirty) days of receipt in the undamaged, complete and reusable original packaging (incl. label) together with the delivery note, undamaged and complete. If the goods are damaged, incomplete or no longer in their original packaging (including the label), DeinDeal may refuse to refund the money.
3.7.2 The customer is requested to use the return label enclosed with the parcel. In this way, he has the guarantee that his return will be returned to the correct address and processed quickly and without errors. DeinDeal reserves the right to reduce the total amount of the return by CHF 10 if the returned goods were sent back with a pre-paid return label that does not belong to the original order.
3.7.3 For returns of orders from DeinDeal, the postage costs for the return shipment shall be borne by the customer, unless otherwise stated in the product description. This also applies to cancellations of orders that the customer has not yet received, but which have already left the DeinDeal warehouse and whose delivery can no longer be stopped. DeinDeal is entitled to enclose a return label with the shipment, which entitles the customer to discounted or free shipping. However, the customer is not entitled to this. The costs for returns shall be borne in full by the customer.
3.7.4 The customer can return their parcel either by post or via a Päckli Punkt acceptance point (participating acceptance points can be found at www.paeckli-punkt.ch) at significantly more favourable conditions than by post.
3.7.5 In the case of returns, the amount previously debited will be credited to the payment method used for the order. Unless otherwise stated in the product description, the shipping costs associated with the return of the goods will also be credited to the payment method used for the order. Vouchers or credit notes issued on the basis of past returns can only be redeemed for purchases on DeinDeal.ch or My-Store.ch and do not entitle the customer to a credit to the means of payment used for the order.
3.7.6 However, returns are excluded in the case of
● Goods manufactured according to customer specifications,
● Goods that are clearly customised to the personal needs of the customer,
● Goods that can spoil quickly,
● Goods whose expiry date has been exceeded,
● Audio or video recordings or software, provided that the delivered data carriers have been unsealed,
● Newspapers and magazines,
● Goods that are not suitable for return for reasons of health protection or hygiene and whose seal has been removed after delivery,
● Food as well as alcohol, nicotine and tobacco products.
3.7.7 Returns are excluded in particular for the following products:
● Underwear and swimming costumes,
● Sex toys,
● Items from special offers (e.g. sales),
● Article with the note "no return possible".
If the above products are defective, incomplete or in poor condition, they can still be returned. In this case, DeinDeal will endeavour to find a replacement item. If this is not possible, the purchase price will be refunded.
3.7.8 DeinDeal reserves the right to proportionately reduce the amount of the credit note in the event of deterioration of the product and for benefits derived, insofar as the use or deterioration is due to handling of the product that goes beyond the testing of the properties and functionality. Testing the properties and functionality" means testing and trying out the product, as is possible and customary in a shop, for example.
3.8 Delay
3.8.1 If delivery is not made within 30 (thirty) days of expiry of the delivery period specified in the detailed description, the customer shall have the right to withdraw from the contract. In this case, any payments already made shall be refunded to the customer. Any further liability for damages and other claims against DeinDeal are excluded.
3.9 Faulty and defective goods
3.9.1 The customer must check the delivery as soon as possible.
3.9.2 If the delivered product does not correspond to the ordered product, if the delivered product is defective (e.g. defective, whereby the defect is not due to the fault of the customer or the supplier) or if the delivery is incomplete, the customer must notify DeinDeal of this within 2 (two) working days after the delivery date by means of the contact form or by telephone. The customer must indicate whether he wishes to withdraw from the contract or wishes a subsequent delivery.
3.9.3 The customer must then return the delivered product in its original packaging within 30 (thirty) working days. The customer will receive appropriate instructions and assistance from Customer Service.
3.9.4 DeinDeal does not assume any procurement risk. DeinDeal is only obliged to deliver from the existing stock of products and the quantity ordered and delivered from the product suppliers of DeinDeal. In particular, the customer acknowledges that DeinDeal does not manufacture the products itself, that DeinDeal does not have the corresponding capacities to repair defective products and that it may not be possible for DeinDeal to procure replacement products from product suppliers at all or only with disproportionate cost consequences.
3.9.5 If the customer cancels the contract, the full purchase price will be refunded.
3.9.6 If a subsequent delivery of a product is not possible for reasons for which DeinDeal is not responsible, DeinDeal assumes no liability and is not liable for damages. The customer's claim is limited exclusively to the reimbursement of the purchase price.
3.10 Manufacturer's warranty
3.10.1 All product-specific information is based on information provided by DeinDeal's product suppliers. DeinDeal uses this information for purely informative reasons and can therefore not be held responsible for its content. This also applies to the photos of the articles that are published with the consent of DeinDeal's partners.
3.10.2 The customer acknowledges that DeinDeal does not produce the products itself and does not grant any manufacturer's warranty. Such manufacturer's warranties exist at most insofar as they are set out in the detailed description of the product concerned or, if applicable, on packaging inserts or warranty certificates supplied with the product. Claims based on such manufacturer's warranties exist only against the respective product suppliers or guarantors (and not against DeinDeal). DeinDeal hereby assigns to the Customer, with effect from the purchase of the relevant product by the Customer, any claims of the Customer under such manufacturer's warranties with respect to the relevant product and, to the extent that such assignment is not possible, grants the Customer a corresponding authorisation to exercise such claims.
3.11 Prices
3.11.1 All sales prices are quoted in Swiss francs and already include any value added tax. Shipping costs and any fees incurred during the payment process are charged separately and are specified in the order summary. The total cost of the order depends on the shipping method and possibly also on the payment method. DeinDeal reserves the right to change the prices of the products and services offered at any time. The price indicated on DeinDeal.ch or My-Store.ch at the time of the order is decisive for the conclusion of the purchase contract. If a discount is indicated for a specific product or service, it is calculated on the basis of the difference between the selling price indicated on DeinDeal.ch or My-Store.ch and the usual market price or another authorised reference in accordance with the Price Indication Ordinance. DeinDeal bases its price calculation on the active Swiss market, with the exception of special offers. The comparative prices are for information purposes only and are not contractually binding.
3.12 Payment modalities
3.12.1 Before completing the order process, the customer has the option of selecting the payment method. The following options are available:
● Payment by credit card, PostFinance Card or PostFinance e-finance: When the order is paid, the purchase price is due for payment immediately and the account is debited when the order is finalised.
● Payment via PayPal payment service: The general terms and conditions of PayPal apply: http://www.paypal.ch. By confirming an order, the customer expressly agrees to PayPal's terms and conditions.
4 Credit balance
4.1 All credits credited to the customer's DeinDeal.ch or My-Store.ch account in the form of vouchers or credit notes can be offset against purchases on the same website. This must be done before finalising the order process.
4.2 These credit balances are neither paid out in cash nor do they bear interest.
4.3 All credit balances, vouchers or credit notes expire no later than two (2) years after the date of issue, unless otherwise stated.
5 Limitation of liability
5.1 It is expressly agreed that the Customer's remedies in the event of defective performance or non-performance are limited to the right of cancellation pursuant to Section 3.7 of these GTC and to the claims pursuant to Section 3.9 of these GTC and that any further liability, liability for damages or other claims against DeinDeal are excluded to the extent that such exclusion is permitted by law. DeinDeal is liable, to the extent permitted by law, only for damages caused intentionally or by gross negligence. Liability for slight negligence, indirect damage, consequential damage, loss of profit, loss of data and damage due to business interruptions, cyber incidents, maintenance work, technical faults or force majeure is excluded. In any case, the liability of DeinDeal - regardless of the legal grounds - is limited to the amount of the purchase price paid by the customer.
5.2 Apart from that, DeinDeal is only liable for damages of the customer that were caused by employees of DeinDeal intentionally or through gross negligence. DeinDeal is not liable for damages due to slight negligence. To the extent permitted by law, liability for damages caused by auxiliary persons is excluded.
6 Changes in performance and technical errors
6.1 DeinDeal reserves the right to change, restrict or discontinue the scope and functionalities of the Websites at any time.
6.2 Although DeinDeal endeavours to ensure maximum availability, it cannot be ruled out that the DeinDeal.ch or My-Store.ch websites may be temporarily unavailable due to maintenance work. In isolated cases, this may also result in a loss of data. DeinDeal is not liable for any interruptions in the availability of DeinDeal.ch or My-Store.ch or any loss of data.
6.3 In cases where prices on DeinDeal.ch or My-Store.ch are displayed incorrectly due to technical errors, both the customer and DeinDeal are entitled to declare a contract for the purchase of vouchers or products non-binding. Payments already made will be refunded to the customer without delay.
6.4 The respective partners and product suppliers are solely responsible for the proper and defect-free fulfilment of the products to be purchased with the vouchers, and DeinDeal assumes no liability or responsibility in this regard. The Customer acknowledges that DeinDeal does not check the partners itself and bears no responsibility if the products or services of third parties do not meet the Customer's satisfaction.
7 Intellectual property
7.1 DeinDeal and its partners and product suppliers are the owners of all copyrights and other rights to DeinDeal.ch, My-Store.ch as well as to the content, information, images, videos and databases published on these websites ("protected property") or have the consent or licences for their use, insofar as this protected property belongs to third parties. Any modification, reproduction, publication, disclosure to third parties and/or other utilisation of the Protected Property without the prior written consent of DeinDeal is expressly prohibited.
9 General conditions for the "Best Price Guarantee"
9.1 DeinDeal guarantees the customer the best prices for direct orders on DeinDeal.ch, if it is noted in the product description that the product is offered at the best price. DeinDeal reserves the right to change or cancel the best price guarantee and the associated services at any time and without prior notice. If the customer finds an identical offer at a lower price on a DeinDeal AG website in Switzerland within 24 hours of a purchase, DeinDeal will reimburse the customer for the price difference found, subject to the conditions below.
9.2 Conditions for the price comparison
● The price to be compared is publicly available and is offered by a company domiciled in Switzerland and fulfils the following conditions, if applicable to the present case:
● Same reference or product number
● Same product size
● Same colour
● Same currency
● Excluding postage and preparation costs
● Same arrival and departure dates for the stay
● Same room category and same number of people
● Same services provided
● Same terms of payment
● Same reservation conditions
● Same cancellation and rebooking conditions
● To the extent permitted by law
9.3 Application submission
If the customer's purchase fulfils all the above criteria applicable to the case in question, he can submit his request by e-mail to support@deindeal. This must include the order number and all details relating to the lower price.
DeinDeal reserves the right to assess whether a price comparison is justified and whether one of the above conditions is not met and will inform the customer of the reasons for the rejection of the application if necessary. Legal recourse is excluded.
10 Prohibition of commercial use
10.1 Any commercial use of the goods, in particular resale to third parties, is strictly prohibited.
10.2 A person who engages in such commercial use will be excluded from the online sales offered on DeinDeal.ch and will be held liable for all damages incurred by DeinDeal.
11 Data protection
11.1 The customer is informed in detail about the type, scope and purpose of the collection, processing and use of the personal data required for the fulfilment of orders by DeinDeal in the data protection provisions. The data protection provisions can be accessed at DeinDeal.ch. By accepting these GTC, the customer also acknowledges the data protection provisions.
12 Amendments to these GTC
12.1 DeinDeal may amend these GTC at any time at its own discretion. The customer can find the current provisions on DeinDeal.ch. If the customer does not agree with the amended GTC, he can no longer use the DeinDeal service.
13 Miscellaneous
13.1 Severability clause: Should any provision of these GTC be or become invalid or void, this shall not affect the validity of the remaining provisions. In the event of the invalidity or nullity of a provision, it shall be replaced by a valid provision that comes as close as possible to the economic purpose of the invalid provision.
13.2 Applicable law: Swiss law shall apply exclusively, to the exclusion of the provisions of international private law and the UN Convention on Contracts for the International Sale of Goods (CISG).
13.3 Place of jurisdiction: The courts of 8048 Zurich shall have exclusive jurisdiction for all disputes arising from or in connection with these GTC, the legal relationships falling under them and the contracts concluded with a partner or customer via DeinDeal.ch. However, DeinDeal and its partners with whom the customer concludes a contract are also authorised to assert their rights at the customer's domicile or before any other competent authority.
14. child labour and minerals and metals from conflict and high-risk areas
DeinDeal's efforts and DeinDeal's requirements for its suppliers in the areas of child labour and minerals and metals from conflict-affected and high-risk areas are described in the supply chain policy on child labour and minerals and metals from conflict-affected and high-risk areas (link) and in the code of conduct for suppliers (link). In addition, these documents contain the contact details for reporting concerns or possible violations regarding child labour and minerals and metals from conflict-affected and high-risk areas.
20.05.2025