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Terms & Conditions

Part A: General part

 

1. PREAMBLE

 

  1. Holyo GmbH, Werner Hartmann Straße 6, 01099 Dresden, Tel. +49 351 87437640, email support@holyo.com, 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”).

  2. 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.

  3. 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.

 

2. SCOPE OF APPLICATION
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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.
 

3. OUR REDEMPTION PARTNERS

 

  1. 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.

  2. 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.

  3. 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.

  4. We only owe you the sending of the voucher(s) from the respective redeeming partner.

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4. ORDER PROCESS

 

  1. 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.

  2. 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.

  3. 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.

 

5. LIABILITY

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  1. 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.

  2. 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.

  3. 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.

  4. 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.

 

6. ON BILL

Offsetting by the customer with counterclaims is only permitted in the case of undisputed or legally established claims.
 

7. 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.
 

8. 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.
 

9. SEVERABILITY

 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

 

1. 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.
 

2. SCOPE OF OUR OFFER

  1. 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.

  2. When redeeming the credit in your HOLYO WALLET, a contract is only concluded with HOLYO, but not with our redemption partners.

  3. We only owe you the sending of the voucher(s) from the respective redeeming partner.

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3. HOW TO USE THE HOLYO WALLET

  1. 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.

  2. 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.

  3. 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.

  4. 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.

 

4. PAYMENT

  1. 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.

  2. 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.

 

5. REDEMPTION PROCESS

  1. The credit in your HOLYO WALLET entitles you to purchase digital vouchers from our redeeming partners.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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.

  8. 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.

 

6. 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.
 

7. VALIDITY OF BALANCE IN HOLYO WALLET

  1.  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.

  2. 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.

  3. 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

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1. SCOPE OF APPLICATION

  1.  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.

  2. 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.

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2. 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.
 

3. REDEEMING THE HOLYO CARD 

  1. You can use the credit saved on the HOLYO CARD to top up your credit in the HOLYO WALLET.

  2. 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.

  3. 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.

  4. 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.

  5. The HOLYO CARD can only be redeemed once and cannot be changed once the above process has been completed.

  6. The credit on the HOLYO CARD can only be redeemed in one's own name and for one's own account.

 

4. VALIDITY OF HOLYO CARD

  1.  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.

  2. According to Section 199 Sentence 1 BGB, the limitation period begins at the end of the year in which the HOLYO CARD was purchased.

  3. A refund of the payment made when purchasing the HOLYO CARD is generally not possible.

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