Table of contents
- Scope of application and contractual partners
- Registration and conclusion of contract
- Payment transactions, WEE
- weeMember obligations
- Breach of contract, Abuse
- Intellectual property, Advertising material and other benefits
- Duration and termination of the contract, Consequences of termination
- Amendment of the contractual conditions
- Applicable law and place of jurisdiction
- Other agreements
General Terms and Conditions (GTC) for weeMembers
(Status July 2020)
The weeGroup uses an electronic platform (hereinafter referred to as "weeMarketplace") to refer customers (hereinafter "weeMembers") to online and stationary retailers (hereinafter "weePartners"). weeMembers can at the same time benefit from the weeConomy cashback system. The cashback system consists of refunds (hereinafter the "Cashback") that weeMembers receive when they purchase goods or services from weePartners via the weeMarketplace. The cashback can be used extensively as a general means of payment.
1. Scope of application and contractual partners
(1) These GTC apply to the participation of a weeMember in the weeMarketplace and cashback system. The GTC apply to all accounts that are registered from the date of online publication shown above, or to pre-existing accounts whose holders have agreed to their validity.
(2) The contractual partner of the weeMember is weeConomy AG, Burgstrasse 8, 8280 Kreuzlingen, Switzerland, commercial register number (UID): CHE-114.819.805 (Commercial Register Office of the Canton of Thurgau), tel: + 41 71 688 6863, service hotline: +49 89 24 88 916-150, e-mail: email@example.com (hereinafter "weeConomy").
(3) Participation in the weeMarketplace and the cashback system requires registration and acceptance of these GTC by the interested person. Any conflicting conditions of the weeMember will not be recognised.
2. Registration and conclusion of contract
(1) Participation in the weeMarketplace and cashback system requires registration of the weeMember and acceptance of these GTC. The registration of the weeMember takes place via the website www.wee.com (hereinafter the "Website") or on the weeApp for mobile devices (the "weeApp") by sending the completed registration form. The weeMember must complete the registration form carefully and truthfully.
(2) Natural persons who have reached the age of 18 and are resident in Italy are entitled to register. Registration requires the following information:
- Name, first name, e-mail address, date and place of birth, nationality and country of residence,
- Copy of a valid official identification document of the holder (e.g: identity card, for third-country nationals in the European Union, a passport)
(3) After sending your registration, the applicant shall first receive an e-mail to the e-mail address he/she provided, which contains a link to confirm his/her registration. Only when the applicant clicks on this link a contract shall be concluded between the applicant and weeConomy, provided that the applicant meets the conditions of participation in wee's services. The applicant may revise his/her entries at any time until he/she sends his/her registration details.
(5) Once registration has been completed and these GTC have been accepted, weeMembers will be assigned a non-transferable client number, and their personal account ("myweeArea") will be activated on the weeMarketplace. After setting up a payment account with the payment service provider (Clause 3), weeMembers are given access to their payment account ("weeAccount") via the myweeArea for the processing of payment transactions. weeMembers can access their myweeArea with their user name and password, either via an app (the "weeApp") available for IOS and Android or via the website www.wee.com. The myweeArea also gives weeMembers access to their weeAccount. The user name and password are determined by weeMembers during the registration process.
(6) weeConomy reserves the right to refuse to register a weeMember in individual cases, without giving any reason. Registration on the weeMarketplace is free of charge for weeMembers.
(7) Instead of registering, it is also possible for weeMembers to first receive a personal customer card (the "weeCard"). This is provided with a customer number, which becomes non-transferable upon subsequent registration via weeApp or the website. With the weeCard, the weeMember can identify himself/herself to weePartners as a weeMember in order to receive WEE. Alternatively, the weeMember can identify himself/herself by means of a weeCard electronically deposited on weeApp. If the weeMember does not register within three months after the first use of the card, the weeCard loses its validity three months after its first use. Any existing credit expires after the statutory period of limitation.
(8) If the weeMember receives a weeCard with a pre-existing balance, he/she is only entitled to the weeCard balance if he/she registers on the weeMarketplace within three months of receiving the weeCard. Until the registration is complete, the credit balance is booked to an internal account and is not available to weeMember. Once registration is complete, a credit balance is credited to the weeMember's weeAccount. A pre-existing credit cannot be paid out.
(9) If the registration is not completed on time, any pre-existing credit balance on weeCards issued by weePartners shall revert to the weePartner concerned. If the weeCards have been issued by weeConomy, the credit balance shall revert to weeConomy.
3. Payment transactions, WEE
(1) The payment transactions for the cash back payments are carried out by a licensed payment service provider, Mangopay S.A. Luxembourg (hereinafter "Mangopay"). This requires the opening of a payment account with Mangopay, in which weeMembers must participate. Details are contained in the contractual conditions of Mangopay, which must be accepted by the weePartner. When opening a payment account, weePartners shall be supported by dedified Germany UG, Berlin (hereinafter referred to as "dedified"), whose contractual terms and conditions must also be acknowledged.
(2) The weeAccount can be used extensively by weeMembers for payments of all kinds. Payments can only be made if the weeAccount has a credit balance. The payment accounts are managed in WEE. One WEE is one Euro. No interest is paid on balances.
(3) The weeMember agrees to these General Terms and Conditions and gives his or her consent to the disclosure of the information described in section 2 paragraph 2 to dedified and Mangopay for the purpose of opening a payment account.
(4) weeConomy has no access to the weeMember account.
(1) When purchasing goods and/or services from weePartners (hereinafter the "Underlying Transaction"), the weeMember is credited WEE upon presentation of his/her weeCard or weeApp. In case of stationary Underlying Transactions, the credit is made directly by the weePartner; in the case of online Underlying Transactions, the credit is made by weeConomy after receipt of payment of the corresponding cashback amount by the weePartner. Amounts with three or more decimal places are rounded to the second decimal place.
(2) The prerequisite for crediting WEE is the conclusion of the Underlying Transaction with a weePartner. The amount of the credit is determined by weeConomy for online Underlying Transactions and by weePartners for stationary underlying transactions, and is published on the Website.
(3) In the case of online purchases from weePartners, the cashback is initially credited to an internal account on a provisional basis and marked as 'outstanding' in the myweeArea. The final credit is made when weePartner's payment has been received by weeConomy.
(4) In the following cases, weeConomy reserves the right to reclaim WEE from weeMember, or to offset it against credit claims from other underlying transactions:
- in the event of breaches of obligations by weeMembers under these GTC, or
- in case of abuse of the cashback system for illegal or immoral reasons.
5. Obligations of the weeMember
(1) Any changes to weeMembers' personal data must be notified to weeConomy without delay by correcting the relevant data in its myweeArea.
(2) The weeMember must protect his/her myweeArea from unlawful access by third parties, regularly protect data from loss, and carefully store access data, passwords and PINs, and not disclose them to third parties. In order to maintain any claims in the event of the loss of WEE, he/she must follow all security instructions published for this purpose.
(3) The weeMember is obliged to report the loss of access data or passwords or signs of misuse of his/her weeAccount immediately.
6. Breach of contract, Abuse
(1) weeMembers must remedy breaches of contractual provisions or provisions of mandatory law immediately upon discovery, but no later than 14 days after being requested to do so by weeConomy.
(2) WeeMembers shall be liable for damages that are compensable in accordance with general provisions, and that are incurred by WeeConomy as a result of a culpable breach of contractual provisions or provisions of mandatory law by WeeMembers; this includes, in particular, abuse of the weeCard/weeApp and their access data.
(1) weeConomy undertakes to the weeMember to operate the cashback system and the weeMarketplace in accordance with the provisions of this Agreement and with due diligence, and to endeavour to ensure that its services are available at all times and in perfect condition.
(2) weeConomy does not guarantee the uninterrupted and uninterrupted functioning of its Services, such as for specific transmission times and speeds, the continuous availability of the www.wee.com website, content created by third parties or weePartners, or goods and services available for purchase from them, absolute protection of the weeMarketplace against unauthorised access, protection against malicious software, viruses, spamming, Trojans, phishing attacks, and other criminal acts committed by third parties, or loss of data as a result of disruptions.
(3) For any technical measures that may be taken (in particular with regard to servers, capacity limits, maintenance, security, app updates), weeConomy reserves the right to temporarily restrict its services. weeConomy shall inform weeMembers of any such restriction at least one week before such restriction takes effect.
(4) weeConomy does not guarantee at any time that certain goods or services will be available from weePartners, or that certain merchants will be or remain affiliated with weeMarketplace, or that a certain number of weePartners will be or remain affiliated with weeMarketplace. weeConomy also does not guarantee that the cashbacks granted by weePartners will always be the same, or that all goods and services provided by weePartners will be available to the cashback system.
(1) In the event of damage caused to weeMembers by weeConomy, a legal representative or vicarious agent of weeConomy, weeConomy shall only be liable for intent and gross negligence. Excluded from this limitation of liability are damages arising from injury to life, limb or health, and breach of cardinal obligations. Cardinal obligations include those obligations whose breach would jeopardise the purpose of the contract in question, and on whose fulfilment weeMembers may therefore legitimately rely.
(2) weeConomy accepts no responsibility and accepts no liability for the content, accuracy, completeness or currency (including the availability of products and services) of the advertisements created by weePartners, nor for the creation, fulfilment or enforceability of a contract concluded with a weePartner via the weeMarketplace. weeConomy is also not liable for the products and services offered on the weeMarketplace (whether under warranty, guarantee, compensation for damages, product liability or other statutory provisions).
(3) Contracts in connection with the purchase transaction are concluded exclusively and directly between weeMembers and weePartners. The content posted does not in any way represent offers from weeConomy. In particular, weePartners are solely responsible for the content of the advertisement texts, fulfilment of the statutory labelling obligations, the mandatory statutory information and confirmation obligations in distance selling, the information obligation regarding the statutory right of withdrawal, and the content of their Terms and Conditions of Business.
9. Intellectual property, Advertising materials and other benefits
(1) All intellectual property rights (including copyrights, patents, trademarks, domain names, etc., whether registered or not) remain the property of weeConomy or its licensors.
(2) Logos, trademarks, text and other content on the www.wee.com website or on weeApp and weeApp itself are protected by trademark and copyright laws. weeMembers may use materials of weeConomy and its affiliates, content or trademarks - in whole or in part - for their own purposes, including but not limited to reproduction, distribution, sale, licensing, distribution, copying, publication, streaming, public performance or display, transmission, renewal, modification, editing, translation, adaptation, or other unauthorized use, only if weeConomy has expressly agreed to such use in advance.
(3) All presentation, advertising, training and film materials, etc. (including photographs) of weeConomy and its affiliates are protected by copyright. They may not be used by weeMembers, either in whole or in part, in any form whatsoever without the express written consent of weeConomy, and in particular may not be reproduced, disseminated, made publicly accessible or edited.
If no weeMember activity has been detected on his/her weeAccount for more than twelve consecutive months, and if there are no more funds in his/her weeAccount, the weeAccount will be deactivated. The weeMember will be informed of this at least one month in advance.
11. Duration and termination of the agreement, consequences of termination
(1) The agreement concluded between weeMember and weeConomy is concluded for an indefinite period.
(2) The agreement shall end automatically in the following cases:
- upon termination of the contractual relationship with the payment service provider
- upon termination of the contractual relationship with dedified, provided that the services provided by dedified are not replaced by another company;
- upon the death of the weeMember.
(3) The agreement can be terminated by a weeMember by giving 14 days' notice to the end of the month. Text form is sufficient.
(4) Both parties have the right to terminate the agreement without notice for good cause.
(a) Good cause shall exist for weeConomy in particular if: (i) there are indications that weeMember is using weeConomy's services for purposes that are contrary to the agreement; (ii) a competent court or authority issues a final and binding order to cease providing the services to the weeMember; iii) there is reason to believe that the weeMember provided incorrect or incomplete information when the contract was concluded; iv) overriding public interests so require; v) documents and items sent to weeMember that are returned with the note "moved", "deceased", "not accepted", "unknown" or similar, and weeMember does not correct the incorrect data within 30 calendar days of receipt of the request; vi) the weeMember fails to comply with its obligation to rectify the errors in accordance with clause 6 (1) of these GTC in a timely manner, or the same or a comparable culpable breach occurs again at a later date after the breach of duty; vii) if the weeMember objects to a change in the terms and conditions of the agreement;
(b) For the weeMember, good cause exists in particular if (i) weeConomy culpably commits a persistent material breach of contract and fails to remedy it within a reasonable period of time despite a written warning from weeMember (ii) insolvency proceedings are opened against weeConomy, or, if the opening is rejected for lack of assets, weeConomy becomes insolvent, or a corresponding declaration of insolvency is made in the course of the execution proceedings.
(5) Upon termination of the contract, the weeAccount will be closed by the payment service provider and any existing credit balance of the weeMember will be paid out to the bank account specified by the payment service provider, less any fees charged by Mangopay.
12. Amendment of the contractual conditions
(1) weeConomy reserves the right to amend the terms and conditions of the contract at any time if justified by the legitimate interests of weeConomy. WeeConomy shall notify weeMembers of any changes at least 30 days before the date on which they take effect, and shall indicate the provisions affected.
(2) The amendments shall be deemed to have been accepted, if weeConomy (to the contact details provided in section 1 paragraph (2) of these GTC) receives no objection from weeMember before the proposed date of entry into force. weeConomy will inform weeMember of this in the offer of amendment. In addition, weeConomy will publish a comparison of the provisions affected by the amendment to the GTC, as well as the full version of the new GTC, on its website, and will communicate this to weeMember in the manner stipulated in section 12, paragraph (1) of these GTC.
(3) weeMember must accept changes to the contractual conditions for technical and operational reasons, insofar as these changes are beneficial to weeMember, or result in a merely negligible reduction in the service provided, without affecting material provisions of the contractual relationship. Furthermore, amendments that become necessary as a result of legal requirements (e.g. AMLA, supervisory law, tax law, etc.) or court orders are also permitted.
13. Applicable law and place of jurisdiction
(1) The contractual relationship between weeConomy and weeMember, including these Terms and Conditions, shall be governed exclusively by Swiss law, excluding its conflict-of-law rules and excluding the law of the UN Convention on Contracts for the International Sale of Goods.
(2) The place of jurisdiction shall be determined by the applicable statutory provisions.
14. Other agreements
(1) weeConomy communicates with weeMembers generally by e-mail or by posting notices on the current website.
(2) Collateral agreements, amendments or supplements to these GTC, special provisions or other contractual documents must be made in writing, subject to the provision in Section 11 of these GTC and stricter legal provisions to be legally effective. This also applies to the waiver of the written form requirement.
(3) weeConomy expressly reserves the right to call in third parties to fulfil its obligations under this agreement, or to transfer its business operations to third parties, either in whole or in part. weeConomy may also transfer the agreement to third parties without the consent of weeMembers.
(4) The weeMember may only transfer some or all of his or her rights and obligations under this contract to third parties with the written consent of weeConomy.
(5) These GTC have been drawn up in German. The German language shall be authoritative for any interpretations that may be required. Any translation serves only as an explanation, without being legally binding.
(6) Should one or more provisions of these GTC be invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision which corresponds to the meaning of the original provision. This applies accordingly to regulatory gaps.