General Terms and Conditions of Wassermann & Company AG – Additional Conditions for the Food Card

The Food Card is a card issued by Wassermann & Company AG (“Card Issuer”) for cashless payments to all of the company’s own food tasting stands at the Basel and Zürich trade fairs. The Food Card is distributed on behalf and for the account of Wassermann & Company AG. These General Terms and Conditions apply to the use of the card in the relationship between the Card Issuer and the respective Cardholder.

§ 1 Contractual relationships

(1) Upon acquisition of the Food Card, a contract is concluded between the Card Issuer and the Cardholder regarding the use of the Food Card as a payment card in accordance with the following terms and conditions.

(2) If the Cardholder makes use of the services of the connected acceptance points, these will establish a separate contractual relationship between the Cardholder and the connected acceptance points.

§ 2 Acquisition

(1) The Food Card may be obtained from the points within the Basel and Zürich trade fairs designated by the Card Issuer or online from the following website: www.wassermann-company.ch/foodcard.

(2) For online orders, the Food Card must be collected from the Card Issuer at the designated points within the Basel and Zürich trade fairs.

(3) The Food Card exists exclusively as a pay-later card (purchase limit per card CHF 1,000).

(4) The Card Issuer will retain ownership of the Food Card.

§ 3 Duration of validity

The Food Card may be used for payment at the connected acceptance points as from its acquisition on all event days of the payment-relevant trade fair. The card will expire after conclusion of the respective event.

§ 4 Securing the claims

(1) The Card Issuer is entitled to request valid credit card data to secure all claims.

(2) When collecting the Food Card (online orders) or issuing the Food Card locally, the credit card data is entered and saved on the payment service provider’s secure platform. The Card Issuer does not store any credit card data.

§ 5 Payment

(1) The Cardholder’s obligatory services to the Card Issuer will increase upon each payment transaction with the card.

(2) After the end of the event, the Card Issuer debits the services used to the deposited credit card within 14 days. Following debiting, the Cardholder receives a VAT-compliant receipt. If the credit card is not sufficiently covered, the remaining balance will be invoiced with a payment deadline of 14 days.

(3) If any outstanding amounts remain unpaid, the Card Issuer will initiate the dunning and collection procedure. The associated costs are borne by the Cardholder.

§ 6 Complaints and assertion of objections

(1) Complaints due to defects in services provided by Wassermann & Company AG must be reported immediately on site to the outlet manager. Later complaints cannot be considered.

(2) Complaints regarding the Food Card may be sent to the following email address: sales@wassermann-company.ch

§ 7 Due diligence requirements, loss and misuse

(1) The Cardholder must keep the Food Card safe with the required care and protect it against misuse.

(2) The risk of theft, loss or misuse is borne by the Cardholder. The Cardholder’s entitlement is not checked by acceptance points or the Card Issuer.

(3) If circumstances relevant under criminal or civil law exist, the Card Issuer reserves the right to file a criminal complaint and assert civil law claims.

§ 8 Responsibility, liability

(1) The Cardholder is liable for all liabilities arising from the use of the Food Card.

(2) Damages resulting from theft, loss or misuse of the Food Card must be borne by the Cardholder.

(3) The Card Issuer assumes no guarantee for the quality and condition of services paid for with the Food Card and provided by connected acceptance points.

(4) The Card Issuer is not liable if an acceptance point does not accept the card or if the card cannot be used due to technical defects or other reasons.

(5) The Card Issuer is not liable for slight negligence, indirect or consequential damages, lost profit, unrealised savings, or acts and omissions of auxiliaries.

(6) This does not affect liability for intent, gross negligence, injury to life or health, fraudulent concealment of defects, warranties, or liability under the Swiss Product Liability Act.

(7) Any limitation or exclusion of liability also applies to the personal liability of employees, representatives, and auxiliaries.

§ 9 Data protection

The Card Issuer acts in accordance with applicable statutory data protection provisions and does not store any credit card data.

§ 10 Applicable law, legal venue

(1) These General Terms and Conditions are governed by Swiss substantive law, excluding conflict-of-law rules. The exclusive place of jurisdiction is Basel, Switzerland.

(2) Mandatory legal jurisdictions and mandatory application of other laws remain reserved.

Basel, 08.12.2021