General Terms and Conditions
A) General Terms and Conditions of Gifting Technologies GmbH for the purchase of Joy gift vouchers
1. SCOPE, CONTRACTING PARTY
1.1 These General Terms and Conditions ("GTC") apply to the purchase of Joy gift vouchers.
1.2 In addition to Joy gift vouchers, Joy also issues so-called loyalty gift vouchers in cooperation with loyalty programmes (e.g. Payback, DeutschlandCard). Loyalty gift vouchers are Joy gift vouchers that are purchased at least partly with points from a loyalty programme (e.g. DeutschlandCard) (each a "loyalty gift voucher"). Unless expressly provided otherwise in these GTC, these GTC apply equally to loyalty gift vouchers.
1.3 Your contract is concluded with Gifting Technologies GmbH ("Joy"), Wilmersdorfer Str. 165, 10585 Berlin, Germany, tel.: +49 30 754 25086, e-mail: hello@givingjoy.de, website: www.givingjoy.de.
2. CONCLUSION OF CONTRACT
2.1 The contract is concluded when Joy accepts the offer contained in your order.
2.2 The presentations in the shop do not constitute a legally binding offer by Joy. All your entries are displayed in an order summary before you place a binding order and can be corrected by you there. Only by clicking the "Buy now" button do you place a binding order for the Joy gift vouchers listed in the order summary. Confirmation of receipt of your order follows immediately by e-mail and does not yet constitute acceptance of the contract. Acceptance of the contract takes place separately by e-mail.
2.3 Joy stores the contract text and sends you the order data and the GTC as a PDF by e-mail. The GTC can also be viewed, printed and saved in the shop.
2.4 The contract language is German.
3. JOY GIFT VOUCHERS AND LOYALTY GIFT VOUCHERS
3.1 Joy gift vouchers are issued by Joy in the amount you choose. The Joy gift voucher conveys exclusively a right against Joy, according to which Joy purchases gifts of your choice upon your order and delivers them to you. Joy gift vouchers cannot be exchanged for cash. Cash refunds are made only where required by law (in particular in the event of withdrawal from the purchase of the Joy gift voucher).
3.2 Joy gift vouchers are intended exclusively for private personal use or to be passed on as a personal gift. Redemption in the context of business, commercial or professionally motivated purchases is not permitted.
3.3 The Joy gift voucher can be redeemed for goods that are available online at the time of redemption. Redemption with third parties is excluded. The product categories listed in Annex 1 (Product restrictions) and also available in their current version at https://givingjoy.de/legal/terms-details are excluded from redemption. Any amendment to the list in Annex 1 is subject to the provisions of Section 3.7 of the Redemption Conditions accordingly.
3.4 A maximum of three (3) Joy gift vouchers can be redeemed per calendar day. The total amount that can be paid with Joy gift voucher(s) per day is limited to EUR 500.00 (together hereinafter the "daily limit"). The daily limit does not restrict your right to redeem the full voucher value stored on the Joy gift voucher; the restrictions on bonus or promotional credit for gifts subject to statutory price fixing pursuant to Part B Section 2.4 remain unaffected. Any remaining balance after a partial redemption is stored on the Joy gift voucher and is available to you on consecutive or any other calendar days within the daily limit. Joy gift vouchers whose nominal value exceeds the daily limit can therefore be redeemed in full by spreading the voucher amount over several calendar days; redemption can take place on consecutive or any other calendar days. No separate application, registration or approval by Joy is required for this. The validity period of the Joy gift voucher pursuant to Section 3.7 remains unaffected.
3.5 Holders of loyalty gift vouchers can redeem a maximum of one (1) loyalty gift voucher per calendar day. Multiple redemptions within the same calendar day are not permitted.
3.6 The Joy gift voucher cannot be used to withdraw cash from third parties, for example at cash machines, or to transfer money to third parties. The Joy gift voucher is also not a payment instrument, cannot be used to issue payment orders or be stored as a general payment instrument, and in particular has no IBAN.
3.7 The Joy gift voucher is valid for three (3) years, starting at the end of the year in which the Joy gift voucher was purchased.
4. DELIVERY
Joy gift vouchers are provided by e-mail within 60 minutes of conclusion of the contract.
5. PAYMENT TERMS
5.1 All prices are total prices and include the applicable VAT. Any additional costs are stated separately.
5.2 You can pay by credit card (Visa, Mastercard) or PayPal. For payments by credit card or PayPal, your account is charged immediately after conclusion of the contract.
5.3 Loyalty gift vouchers are paid for with points you have collected in the respective loyalty programme (e.g. DeutschlandCard) and in accordance with the conditions applicable to that loyalty programme. Any additional payments required are made either by credit card (Visa, Mastercard) or via PayPal.
5.4 Joy is entitled to carry out a credit check where there is a legitimate interest. Joy does not grant loans or overdrafts in connection with the purchase or use of the Joy gift voucher.
6. INFORMATION ON THE EXISTENCE OR NON-EXISTENCE OF A RIGHT OF WITHDRAWAL
If you are a consumer, you have a statutory right of withdrawal in accordance with the following withdrawal instructions.
WITHDRAWAL INSTRUCTIONS
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day the contract is concluded.
To exercise your right of withdrawal, you must inform us (Gifting Technologies GmbH, Wilmersdorfer Str. 165, 10585 Berlin, Germany, tel.: +49 30 754 25086, e-mail: hello@givingjoy.de) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an e-mail). You may use the attached model withdrawal form for this purpose, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
Expiry of the right of withdrawal
The right of withdrawal expires early if Joy has fully performed the service and only began performing the service after you, as a consumer, gave your express consent and at the same time confirmed your acknowledgement that you lose your right of withdrawal once Joy has fully performed the contract.
END OF WITHDRAWAL INSTRUCTIONS
If you wish to withdraw from the contract, you can use this model withdrawal form:
Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract)
To:
Gifting Technologies GmbH
Wilmersdorfer Str. 165, 10585 Berlin, Germany
E-mail: hello@givingjoy.de
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*): _______________________________________
Ordered on (*)/received on (*): _______________________________________
Name of consumer(s): _______________________________________
Address of consumer(s): _______________________________________
Signature of consumer(s) (only if this form is notified on paper)
Date
(*) Delete as appropriate.
7. IMPORTANT INFORMATION FOR BUSINESS CUSTOMERS
7.1 Joy gift vouchers are used within the tax-free limit under Section 8 (1) of the German Income Tax Act (EStG).
7.2 For legal certainty, we recommend requesting a binding tax ruling (Anrufungsauskunft) (download here) from the tax office responsible for your business premises.
7.3 Joy expressly does not provide tax advice.
8. WARRANTY, LIABILITY
The statutory warranty provisions apply. Liability is governed by the statutory provisions.
9. COMPLAINTS, ALTERNATIVE DISPUTE RESOLUTION
9.1 For complaints or general questions about your order, please contact the Joy Service Center by e-mail at hello@givingjoy.de.
9.2 Joy is not obliged and generally not willing to participate in dispute resolution proceedings before a consumer arbitration board.
10. APPLICABLE LAW
German law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods.
B) General Terms and Conditions of Gifting Technologies GmbH for the purchase and delivery of gifts (Redemption Conditions)
1. SCOPE, CONTRACTING PARTY
1.1 These General Terms and Conditions ("GTC") apply to the purchase and delivery of gifts by Gifting Technologies GmbH ("Joy"). Unless expressly provided otherwise in these GTC, these GTC apply equally to the purchase and delivery of gifts through the redemption of loyalty gift vouchers.
1.2 Your contract is concluded with Joy, Wilmersdorfer Str. 165, 10585 Berlin, Germany, tel.: +49 30 754 25086, e-mail: hello@givingjoy.de, website: www.givingjoy.de.
2. CONCLUSION OF CONTRACT
2.1 The contract is concluded when Joy accepts the offer contained in your order.
2.2 To order your gift, you must provide the following information in the order form provided by Joy:
name of the gift,
shop in which the gift is available,
item number of the gift,
price of the gift (including the shipping costs stated by the shop you selected),
number of gifts.
All your entries are displayed in an order summary before you place a binding order and can be corrected by you there. Only by clicking the "Order now with obligation to pay" button do you place a binding order for the gifts listed in the order summary. Confirmation of receipt of your order follows immediately by e-mail and does not yet constitute acceptance of the contract. Acceptance of the contract takes place separately by e-mail.
2.3 After receiving your binding order, Joy will purchase your gift from the retailer as the buyer in its own name and for its own account. Joy thus becomes the retailer's contractual partner and independently owes the retailer the purchase price. If your gift is no longer available in the stated shop at the stated price, Joy reserves the right to purchase the gift from a shop other than the one you named. If the gift is also no longer available at the stated price from a shop other than the one you named, Joy is entitled to withdraw from the contract. In this case, Joy will inform you of the unavailability without undue delay and the voucher value reserved for the order will be released again without undue delay; no cash payment will be made.
2.4 Gifts subject to statutory price fixing (in particular books and sheet music under the German Book Price Fixing Act) are sold exclusively at the prices fixed by law. Discounts on these gifts are excluded. Bonus or promotional credit granted without corresponding consideration (e.g. top-up bonuses, starting credit, points top-ups with partner companies) cannot be used for gifts subject to statutory price fixing. In this respect, only the voucher amount actually paid in is credited.
2.5 Joy stores the contract text and sends you the contract data and the GTC as a PDF by e-mail. The GTC can also be viewed, printed and saved at www.givingjoy.de.
2.6 The contract language is German.
3. REDEMPTION CONDITIONS
3.1 Joy gift vouchers are intended exclusively for private personal use or to be passed on as a personal gift. Redemption in the context of business, commercial or professionally motivated purchases is not permitted.
3.2 The Joy gift voucher can be redeemed for goods that are available online at the time of redemption. Redemption with third parties is excluded. The product categories listed in Annex 1 (Product restrictions) and also available in their current version at https://givingjoy.de/legal/terms-details are excluded from redemption. Any amendment to the list in Annex 1 is subject to the provisions of Section 3.7.
3.3 A maximum of three (3) Joy gift vouchers can be redeemed per calendar day. The total amount that can be paid with Joy gift voucher(s) per day is limited to EUR 500.00. The daily limit does not restrict your right to redeem the full voucher value stored on the Joy gift voucher; the restrictions on bonus or promotional credit for gifts subject to statutory price fixing pursuant to Section 2.4 remain unaffected. Any remaining balance after a partial redemption is stored on the Joy gift voucher and is available to you on consecutive or any other calendar days within the daily limit. Joy gift vouchers whose nominal value exceeds the daily limit can therefore be redeemed in full by spreading the voucher amount over several calendar days; redemption can take place on consecutive or any other calendar days. No separate application, registration or approval by Joy is required for this. The validity period of the Joy gift voucher pursuant to Section 3.6 remains unaffected.
3.4 Holders of loyalty gift vouchers can redeem a maximum of one (1) loyalty gift voucher per calendar day. Multiple redemptions within the same calendar day are not permitted.
3.5 If there are specific indications of misuse (in particular unusual redemption patterns suggesting a systematic circumvention of the above conditions, and redemption patterns giving rise to a suspicion of money laundering or other criminal acts), Joy is entitled to temporarily block or temporarily withdraw the affected Joy gift vouchers. Affected voucher holders will be informed without undue delay and given the opportunity to comment.
3.6 The Joy gift voucher is valid for three (3) years, starting at the end of the year in which the Joy gift voucher was purchased.
3.7 Joy is entitled to amend the redemption conditions under this Section 3 with effect for the future if the amendment is necessary for one of the following reasons: (a) changes in the statutory or regulatory framework, insofar as these directly affect the provision of services, or (b) supreme court rulings that make an amendment necessary. The amendment may only be made to the extent necessary to preserve the original purpose of the contract and reasonable for you; the balance between performance and consideration agreed at the time the contract was concluded must be essentially preserved. Joy will inform you of any change in text form at least six weeks before it takes effect. In the event of a change, you have the right to terminate the contract free of charge up to the time the change takes effect.
4. DELIVERY, CANCELLATION
4.1 Gifts are delivered within fourteen (14) working days. Deliveries are limited to Germany.
4.2 If Joy is unable to conclude a purchase contract for the gift with the retailer within seven (7) working days of your binding order, your order will be cancelled. Joy will inform you of this without undue delay and the voucher value reserved for the order will be released again; no cash will be paid out.
4.3 Working days are all weekdays except Saturday, Sunday and public holidays in Berlin.
5. FEES AND PAYMENT TERMS
5.1 For the purchase of the gift, you owe the agreed purchase price.
5.2 The purchase price owed is paid by offsetting and redeeming your corresponding voucher value. If the purchase price owed cannot be paid in full by offsetting and redeeming your corresponding voucher value (in particular for gifts subject to statutory price fixing for which any bonus or promotional credit cannot be used pursuant to Section 2.4), the remaining difference must be paid either by credit card (Visa, Mastercard) or via PayPal.
6. INFORMATION ON THE EXISTENCE OR NON-EXISTENCE OF A RIGHT OF WITHDRAWAL
If you are a consumer, you have a statutory right of withdrawal in accordance with the following withdrawal instructions. There is no right of withdrawal for contracts (i) for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery, and (ii) for the delivery of audio or video recordings or computer software in a sealed package, if the seal has been removed after delivery.
WITHDRAWAL INSTRUCTIONS
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you, or a third party other than the carrier designated by you, take possession of the goods.
To exercise your right of withdrawal, you must inform us (Gifting Technologies GmbH, Wilmersdorfer Str. 165, 10585 Berlin, Germany, tel.: +49 30 754 25086, e-mail: hello@givingjoy.de) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an e-mail). You may use the attached model withdrawal form for this purpose, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired.
You will have to bear the direct cost of returning the goods. The costs are estimated at a maximum of approximately EUR 19.90.
You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
END OF WITHDRAWAL INSTRUCTIONS
If you wish to withdraw from the contract, you can use this model withdrawal form:
Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract)
To:
Gifting Technologies GmbH
Wilmersdorfer Str. 165, 10585 Berlin, Germany
E-mail: hello@givingjoy.de
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*): _______________________________________
Ordered on (*)/received on (*): _______________________________________
Name of consumer(s): _______________________________________
Address of consumer(s): _______________________________________
Signature of consumer(s) (only if this form is notified on paper)
Date
(*) Delete as appropriate.
If the purchase price was paid in whole or in part by offsetting and redeeming your corresponding voucher value, the reversal in the event of withdrawal takes place to that extent by crediting the offset and redeemed voucher value back to your Joy gift voucher. Any additional payments made by credit card or PayPal will be refunded in accordance with the payment method used. The statutory provisions on reversal otherwise remain unaffected.
7. WARRANTY, LIABILITY
The statutory warranty provisions apply. Joy is responsible to you for the statutory warranty with regard to the goods purchased by Joy and delivered to you; warranty and other rights relating to defects must be asserted exclusively against Joy. Joy handles defects, subsequent performance, withdrawal, price reduction and reversals in its own name vis-à-vis the retailer; you will not be referred to the retailer. Liability is governed by the statutory provisions.
8. COMPLAINTS, ALTERNATIVE DISPUTE RESOLUTION
8.1 For complaints or general questions about your order, please contact the Joy Service Center by e-mail at hello@givingjoy.de.
8.2 Joy is not obliged and generally not willing to participate in dispute resolution proceedings before a consumer arbitration board.
9. APPLICABLE LAW
German law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods.
Annex 1 (Product restrictions)
The following product categories are excluded from redemption:
1. Age-restricted products: Products whose sale is subject to statutory age restrictions (e.g. alcohol, tobacco/nicotine products and related products, adult content, media harmful to minors) are excluded from redemption. The exclusion serves to comply with statutory youth protection provisions and tobacco law requirements, as reliable age verification of the person redeeming cannot be ensured in every case when a voucher is redeemed.
2. Third-party gift cards and value vouchers: The Joy gift voucher cannot be used to purchase gift cards, voucher cards or value vouchers of third parties. The exclusion serves to prevent misuse and to comply with anti-money-laundering requirements.
3. Financial products and investment items: Financial investments, securities, cryptocurrencies, precious metals as investment products and comparable investment products are excluded from redemption, as these products are subject to special regulatory requirements that cannot be ensured in the context of a voucher redemption.
4. Offers from private sellers: The Joy gift voucher can only be redeemed for goods offered by commercial sellers. Goods sold by private sellers (e.g. via classified ads, peer-to-peer, private marketplace sales) are excluded from redemption. This is necessary because, in the case of private sales, Joy can guarantee neither the availability of the goods nor the proper handling of the contract towards you.
5. Services: The Joy gift voucher is limited to the purchase of goods and cannot be redeemed for pure services (e.g. admission tickets, courses, travel, memberships, subscriptions). If Joy adds services to its range in the future, Joy will inform you of the redemption option in good time.
6. Products with high-performance batteries and electrically powered mobility products: E-bikes, pedelecs, e-scooters, S-pedelecs and comparable electrically powered mobility products, as well as other goods with high-performance lithium-ion batteries, are excluded from redemption where their procurement, storage or shipping is subject to special safety or dangerous goods requirements. The exclusion serves to avoid fire, explosion and transport risks and to comply with product safety and traffic law requirements.
7. Weapons, ammunition and pyrotechnics: Weapons, ammunition, pyrotechnic articles and comparable items requiring a permit or approval or subject to age restrictions are excluded from redemption. The exclusion serves to comply with weapons, proof-testing, explosives and youth protection law requirements and to avoid significant personal injury and property damage.
8. Perishable goods and goods requiring refrigeration: Perishable foods, foods requiring refrigeration and other goods whose safe procurement, storage or delivery requires an uninterrupted cold chain or special hygiene conditions are excluded from redemption. The exclusion serves to protect health, to comply with food hygiene requirements and to avoid risks from spoilage or improper storage.
9. Electrical appliances with increased safety risk: Portable heaters, fan heaters, radiant heaters, electric blankets, deep fryers, appliances with open heating elements, electrical appliances with particularly high electrical output and electrical appliances without the required CE marking or without a verifiable manufacturer are excluded from redemption. This exclusion does not cover standard consumer electronics, in particular smartphones, laptops, tablets, headphones and comparable products, provided they are CE compliant and offered by a verifiable commercial retailer. The exclusion serves to avoid increased fire and injury risks and to comply with product safety requirements.
10. Medicinal products, medical devices and narcotics: All medicinal products within the meaning of Section 2 of the German Medicinal Products Act (Arzneimittelgesetz), i.e. all prescription-only, pharmacy-only and over-the-counter medicinal products, as well as narcotics, medical devices with a particular application or health risk and comparable products whose supply is subject to professional, pharmacy, medicinal products, medical device or narcotics law requirements are excluded from redemption. The exclusion serves to protect health and to comply with the applicable supply, advice, prescription checking and quality assurance obligations.
11. Live animals and protected plants: Live animals, plants and animals protected under species protection law and goods whose shipping triggers special animal welfare, animal disease, species protection or transport law requirements are excluded from redemption. The exclusion serves to protect living organisms and to comply with the relevant protection, documentation and transport regulations.
12. Hazardous substances and dangerous chemical products: Substances and mixtures which, due to their classification or labelling as flammable, corrosive, acutely toxic, hazardous to health or dangerous in a comparable way, are subject to special labelling, packaging, safety information or transport obligations are excluded from redemption. The exclusion serves to comply with chemicals and dangerous goods law requirements and to avoid health, fire, environmental and transport risks.
13. Motor vehicles and vehicle parts requiring approval: Motor vehicles, vehicle parts requiring registration and safety-relevant vehicle accessories whose use requires a general operating permit, type approval, EC type approval, ECE approval or a comparable official approval are excluded from redemption. The exclusion serves to comply with road traffic and vehicle registration law requirements and to avoid risks from unapproved or safety-relevant vehicle parts. Simple, non-safety-relevant vehicle accessories without a special approval requirement are not covered.
14. Bulky or particularly heavy goods: Redemption may be excluded for goods which, due to their weight, dimensions or nature, cannot be transported by standard parcel shipping and require freight forwarding, special or dangerous goods logistics, if Joy cannot carry out the procurement, delivery or reversal despite reasonable efforts, or only with disproportionate effort. Joy will inform you of this without undue delay; in this case the Joy gift voucher can be redeemed for another product. Statutory rights remain unaffected.
15. Products restricted under foreign trade and sanctions law: Dual-use goods, embargoed goods and other goods whose procurement, delivery or provision is subject to approval, review or prohibition requirements under foreign trade, export control or sanctions law are excluded from redemption. The exclusion serves to comply with mandatory foreign trade and sanctions law requirements.
16. Recalled or non-marketable products: Products that are subject to an official recall, a sales ban or a comparable product safety measure, or that lack a legally required declaration of conformity, CE marking or other marketability requirement, are excluded from redemption. The exclusion serves to comply with product safety requirements and to protect against unsafe products or products not lawfully placed on the market.
17. Special offers: In the case of special offers (e.g. offers limited in time or quantity), redemption of the voucher for the specific product selected may exceptionally be excluded if, despite reasonable efforts by Joy, it cannot (or can no longer) be procured within a reasonable period, for example because the product is already sold out, and Joy is not responsible for the product's unavailability. Joy will inform you of the unavailability without undue delay. In this case the Joy gift voucher can be redeemed for another product. Any voucher value already offset will be reversed; any payments already made will be refunded without undue delay and the voucher value will be credited back in full. Statutory rights (in particular withdrawal from the contract and damages) remain unaffected.
18. Digital products: With regard to digital products (e.g. software), redemption is excluded if, despite reasonable efforts by Joy, it is not possible to provide the specific digital product selected within a reasonable period, for example because required licences are not allocated at short notice or the third-party provider unexpectedly discontinues the service. Joy will inform you of this without undue delay. In this case the Joy gift voucher can be redeemed for another product. Any voucher value already offset will be reversed; any payments already made will be refunded without undue delay and the voucher value will be credited back in full. Statutory rights (in particular withdrawal from the contract and damages) remain unaffected. Goods with digital elements within the meaning of Section 327a (3) of the German Civil Code (BGB) (e.g. a smartphone including its pre-installed operating system) are not covered by this redemption exclusion.
This Annex 1 forms an integral part of the General Terms and Conditions of Gifting Technologies GmbH.
General Terms and Conditions
A) General Terms and Conditions of Gifting Technologies GmbH for the purchase of Joy gift vouchers
1. SCOPE, CONTRACTING PARTY
1.1 These General Terms and Conditions ("GTC") apply to the purchase of Joy gift vouchers.
1.2 In addition to Joy gift vouchers, Joy also issues so-called loyalty gift vouchers in cooperation with loyalty programmes (e.g. Payback, DeutschlandCard). Loyalty gift vouchers are Joy gift vouchers that are purchased at least partly with points from a loyalty programme (e.g. DeutschlandCard) (each a "loyalty gift voucher"). Unless expressly provided otherwise in these GTC, these GTC apply equally to loyalty gift vouchers.
1.3 Your contract is concluded with Gifting Technologies GmbH ("Joy"), Wilmersdorfer Str. 165, 10585 Berlin, Germany, tel.: +49 30 754 25086, e-mail: hello@givingjoy.de, website: www.givingjoy.de.
2. CONCLUSION OF CONTRACT
2.1 The contract is concluded when Joy accepts the offer contained in your order.
2.2 The presentations in the shop do not constitute a legally binding offer by Joy. All your entries are displayed in an order summary before you place a binding order and can be corrected by you there. Only by clicking the "Buy now" button do you place a binding order for the Joy gift vouchers listed in the order summary. Confirmation of receipt of your order follows immediately by e-mail and does not yet constitute acceptance of the contract. Acceptance of the contract takes place separately by e-mail.
2.3 Joy stores the contract text and sends you the order data and the GTC as a PDF by e-mail. The GTC can also be viewed, printed and saved in the shop.
2.4 The contract language is German.
3. JOY GIFT VOUCHERS AND LOYALTY GIFT VOUCHERS
3.1 Joy gift vouchers are issued by Joy in the amount you choose. The Joy gift voucher conveys exclusively a right against Joy, according to which Joy purchases gifts of your choice upon your order and delivers them to you. Joy gift vouchers cannot be exchanged for cash. Cash refunds are made only where required by law (in particular in the event of withdrawal from the purchase of the Joy gift voucher).
3.2 Joy gift vouchers are intended exclusively for private personal use or to be passed on as a personal gift. Redemption in the context of business, commercial or professionally motivated purchases is not permitted.
3.3 The Joy gift voucher can be redeemed for goods that are available online at the time of redemption. Redemption with third parties is excluded. The product categories listed in Annex 1 (Product restrictions) and also available in their current version at https://givingjoy.de/legal/terms-details are excluded from redemption. Any amendment to the list in Annex 1 is subject to the provisions of Section 3.7 of the Redemption Conditions accordingly.
3.4 A maximum of three (3) Joy gift vouchers can be redeemed per calendar day. The total amount that can be paid with Joy gift voucher(s) per day is limited to EUR 500.00 (together hereinafter the "daily limit"). The daily limit does not restrict your right to redeem the full voucher value stored on the Joy gift voucher; the restrictions on bonus or promotional credit for gifts subject to statutory price fixing pursuant to Part B Section 2.4 remain unaffected. Any remaining balance after a partial redemption is stored on the Joy gift voucher and is available to you on consecutive or any other calendar days within the daily limit. Joy gift vouchers whose nominal value exceeds the daily limit can therefore be redeemed in full by spreading the voucher amount over several calendar days; redemption can take place on consecutive or any other calendar days. No separate application, registration or approval by Joy is required for this. The validity period of the Joy gift voucher pursuant to Section 3.7 remains unaffected.
3.5 Holders of loyalty gift vouchers can redeem a maximum of one (1) loyalty gift voucher per calendar day. Multiple redemptions within the same calendar day are not permitted.
3.6 The Joy gift voucher cannot be used to withdraw cash from third parties, for example at cash machines, or to transfer money to third parties. The Joy gift voucher is also not a payment instrument, cannot be used to issue payment orders or be stored as a general payment instrument, and in particular has no IBAN.
3.7 The Joy gift voucher is valid for three (3) years, starting at the end of the year in which the Joy gift voucher was purchased.
4. DELIVERY
Joy gift vouchers are provided by e-mail within 60 minutes of conclusion of the contract.
5. PAYMENT TERMS
5.1 All prices are total prices and include the applicable VAT. Any additional costs are stated separately.
5.2 You can pay by credit card (Visa, Mastercard) or PayPal. For payments by credit card or PayPal, your account is charged immediately after conclusion of the contract.
5.3 Loyalty gift vouchers are paid for with points you have collected in the respective loyalty programme (e.g. DeutschlandCard) and in accordance with the conditions applicable to that loyalty programme. Any additional payments required are made either by credit card (Visa, Mastercard) or via PayPal.
5.4 Joy is entitled to carry out a credit check where there is a legitimate interest. Joy does not grant loans or overdrafts in connection with the purchase or use of the Joy gift voucher.
6. INFORMATION ON THE EXISTENCE OR NON-EXISTENCE OF A RIGHT OF WITHDRAWAL
If you are a consumer, you have a statutory right of withdrawal in accordance with the following withdrawal instructions.
WITHDRAWAL INSTRUCTIONS
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day the contract is concluded.
To exercise your right of withdrawal, you must inform us (Gifting Technologies GmbH, Wilmersdorfer Str. 165, 10585 Berlin, Germany, tel.: +49 30 754 25086, e-mail: hello@givingjoy.de) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an e-mail). You may use the attached model withdrawal form for this purpose, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
Expiry of the right of withdrawal
The right of withdrawal expires early if Joy has fully performed the service and only began performing the service after you, as a consumer, gave your express consent and at the same time confirmed your acknowledgement that you lose your right of withdrawal once Joy has fully performed the contract.
END OF WITHDRAWAL INSTRUCTIONS
If you wish to withdraw from the contract, you can use this model withdrawal form:
Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract)
To:
Gifting Technologies GmbH
Wilmersdorfer Str. 165, 10585 Berlin, Germany
E-mail: hello@givingjoy.de
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*): _______________________________________
Ordered on (*)/received on (*): _______________________________________
Name of consumer(s): _______________________________________
Address of consumer(s): _______________________________________
Signature of consumer(s) (only if this form is notified on paper)
Date
(*) Delete as appropriate.
7. IMPORTANT INFORMATION FOR BUSINESS CUSTOMERS
7.1 Joy gift vouchers are used within the tax-free limit under Section 8 (1) of the German Income Tax Act (EStG).
7.2 For legal certainty, we recommend requesting a binding tax ruling (Anrufungsauskunft) (download here) from the tax office responsible for your business premises.
7.3 Joy expressly does not provide tax advice.
8. WARRANTY, LIABILITY
The statutory warranty provisions apply. Liability is governed by the statutory provisions.
9. COMPLAINTS, ALTERNATIVE DISPUTE RESOLUTION
9.1 For complaints or general questions about your order, please contact the Joy Service Center by e-mail at hello@givingjoy.de.
9.2 Joy is not obliged and generally not willing to participate in dispute resolution proceedings before a consumer arbitration board.
10. APPLICABLE LAW
German law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods.
B) General Terms and Conditions of Gifting Technologies GmbH for the purchase and delivery of gifts (Redemption Conditions)
1. SCOPE, CONTRACTING PARTY
1.1 These General Terms and Conditions ("GTC") apply to the purchase and delivery of gifts by Gifting Technologies GmbH ("Joy"). Unless expressly provided otherwise in these GTC, these GTC apply equally to the purchase and delivery of gifts through the redemption of loyalty gift vouchers.
1.2 Your contract is concluded with Joy, Wilmersdorfer Str. 165, 10585 Berlin, Germany, tel.: +49 30 754 25086, e-mail: hello@givingjoy.de, website: www.givingjoy.de.
2. CONCLUSION OF CONTRACT
2.1 The contract is concluded when Joy accepts the offer contained in your order.
2.2 To order your gift, you must provide the following information in the order form provided by Joy:
name of the gift,
shop in which the gift is available,
item number of the gift,
price of the gift (including the shipping costs stated by the shop you selected),
number of gifts.
All your entries are displayed in an order summary before you place a binding order and can be corrected by you there. Only by clicking the "Order now with obligation to pay" button do you place a binding order for the gifts listed in the order summary. Confirmation of receipt of your order follows immediately by e-mail and does not yet constitute acceptance of the contract. Acceptance of the contract takes place separately by e-mail.
2.3 After receiving your binding order, Joy will purchase your gift from the retailer as the buyer in its own name and for its own account. Joy thus becomes the retailer's contractual partner and independently owes the retailer the purchase price. If your gift is no longer available in the stated shop at the stated price, Joy reserves the right to purchase the gift from a shop other than the one you named. If the gift is also no longer available at the stated price from a shop other than the one you named, Joy is entitled to withdraw from the contract. In this case, Joy will inform you of the unavailability without undue delay and the voucher value reserved for the order will be released again without undue delay; no cash payment will be made.
2.4 Gifts subject to statutory price fixing (in particular books and sheet music under the German Book Price Fixing Act) are sold exclusively at the prices fixed by law. Discounts on these gifts are excluded. Bonus or promotional credit granted without corresponding consideration (e.g. top-up bonuses, starting credit, points top-ups with partner companies) cannot be used for gifts subject to statutory price fixing. In this respect, only the voucher amount actually paid in is credited.
2.5 Joy stores the contract text and sends you the contract data and the GTC as a PDF by e-mail. The GTC can also be viewed, printed and saved at www.givingjoy.de.
2.6 The contract language is German.
3. REDEMPTION CONDITIONS
3.1 Joy gift vouchers are intended exclusively for private personal use or to be passed on as a personal gift. Redemption in the context of business, commercial or professionally motivated purchases is not permitted.
3.2 The Joy gift voucher can be redeemed for goods that are available online at the time of redemption. Redemption with third parties is excluded. The product categories listed in Annex 1 (Product restrictions) and also available in their current version at https://givingjoy.de/legal/terms-details are excluded from redemption. Any amendment to the list in Annex 1 is subject to the provisions of Section 3.7.
3.3 A maximum of three (3) Joy gift vouchers can be redeemed per calendar day. The total amount that can be paid with Joy gift voucher(s) per day is limited to EUR 500.00. The daily limit does not restrict your right to redeem the full voucher value stored on the Joy gift voucher; the restrictions on bonus or promotional credit for gifts subject to statutory price fixing pursuant to Section 2.4 remain unaffected. Any remaining balance after a partial redemption is stored on the Joy gift voucher and is available to you on consecutive or any other calendar days within the daily limit. Joy gift vouchers whose nominal value exceeds the daily limit can therefore be redeemed in full by spreading the voucher amount over several calendar days; redemption can take place on consecutive or any other calendar days. No separate application, registration or approval by Joy is required for this. The validity period of the Joy gift voucher pursuant to Section 3.6 remains unaffected.
3.4 Holders of loyalty gift vouchers can redeem a maximum of one (1) loyalty gift voucher per calendar day. Multiple redemptions within the same calendar day are not permitted.
3.5 If there are specific indications of misuse (in particular unusual redemption patterns suggesting a systematic circumvention of the above conditions, and redemption patterns giving rise to a suspicion of money laundering or other criminal acts), Joy is entitled to temporarily block or temporarily withdraw the affected Joy gift vouchers. Affected voucher holders will be informed without undue delay and given the opportunity to comment.
3.6 The Joy gift voucher is valid for three (3) years, starting at the end of the year in which the Joy gift voucher was purchased.
3.7 Joy is entitled to amend the redemption conditions under this Section 3 with effect for the future if the amendment is necessary for one of the following reasons: (a) changes in the statutory or regulatory framework, insofar as these directly affect the provision of services, or (b) supreme court rulings that make an amendment necessary. The amendment may only be made to the extent necessary to preserve the original purpose of the contract and reasonable for you; the balance between performance and consideration agreed at the time the contract was concluded must be essentially preserved. Joy will inform you of any change in text form at least six weeks before it takes effect. In the event of a change, you have the right to terminate the contract free of charge up to the time the change takes effect.
4. DELIVERY, CANCELLATION
4.1 Gifts are delivered within fourteen (14) working days. Deliveries are limited to Germany.
4.2 If Joy is unable to conclude a purchase contract for the gift with the retailer within seven (7) working days of your binding order, your order will be cancelled. Joy will inform you of this without undue delay and the voucher value reserved for the order will be released again; no cash will be paid out.
4.3 Working days are all weekdays except Saturday, Sunday and public holidays in Berlin.
5. FEES AND PAYMENT TERMS
5.1 For the purchase of the gift, you owe the agreed purchase price.
5.2 The purchase price owed is paid by offsetting and redeeming your corresponding voucher value. If the purchase price owed cannot be paid in full by offsetting and redeeming your corresponding voucher value (in particular for gifts subject to statutory price fixing for which any bonus or promotional credit cannot be used pursuant to Section 2.4), the remaining difference must be paid either by credit card (Visa, Mastercard) or via PayPal.
6. INFORMATION ON THE EXISTENCE OR NON-EXISTENCE OF A RIGHT OF WITHDRAWAL
If you are a consumer, you have a statutory right of withdrawal in accordance with the following withdrawal instructions. There is no right of withdrawal for contracts (i) for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery, and (ii) for the delivery of audio or video recordings or computer software in a sealed package, if the seal has been removed after delivery.
WITHDRAWAL INSTRUCTIONS
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you, or a third party other than the carrier designated by you, take possession of the goods.
To exercise your right of withdrawal, you must inform us (Gifting Technologies GmbH, Wilmersdorfer Str. 165, 10585 Berlin, Germany, tel.: +49 30 754 25086, e-mail: hello@givingjoy.de) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an e-mail). You may use the attached model withdrawal form for this purpose, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired.
You will have to bear the direct cost of returning the goods. The costs are estimated at a maximum of approximately EUR 19.90.
You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
END OF WITHDRAWAL INSTRUCTIONS
If you wish to withdraw from the contract, you can use this model withdrawal form:
Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract)
To:
Gifting Technologies GmbH
Wilmersdorfer Str. 165, 10585 Berlin, Germany
E-mail: hello@givingjoy.de
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*): _______________________________________
Ordered on (*)/received on (*): _______________________________________
Name of consumer(s): _______________________________________
Address of consumer(s): _______________________________________
Signature of consumer(s) (only if this form is notified on paper)
Date
(*) Delete as appropriate.
If the purchase price was paid in whole or in part by offsetting and redeeming your corresponding voucher value, the reversal in the event of withdrawal takes place to that extent by crediting the offset and redeemed voucher value back to your Joy gift voucher. Any additional payments made by credit card or PayPal will be refunded in accordance with the payment method used. The statutory provisions on reversal otherwise remain unaffected.
7. WARRANTY, LIABILITY
The statutory warranty provisions apply. Joy is responsible to you for the statutory warranty with regard to the goods purchased by Joy and delivered to you; warranty and other rights relating to defects must be asserted exclusively against Joy. Joy handles defects, subsequent performance, withdrawal, price reduction and reversals in its own name vis-à-vis the retailer; you will not be referred to the retailer. Liability is governed by the statutory provisions.
8. COMPLAINTS, ALTERNATIVE DISPUTE RESOLUTION
8.1 For complaints or general questions about your order, please contact the Joy Service Center by e-mail at hello@givingjoy.de.
8.2 Joy is not obliged and generally not willing to participate in dispute resolution proceedings before a consumer arbitration board.
9. APPLICABLE LAW
German law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods.
Annex 1 (Product restrictions)
The following product categories are excluded from redemption:
1. Age-restricted products: Products whose sale is subject to statutory age restrictions (e.g. alcohol, tobacco/nicotine products and related products, adult content, media harmful to minors) are excluded from redemption. The exclusion serves to comply with statutory youth protection provisions and tobacco law requirements, as reliable age verification of the person redeeming cannot be ensured in every case when a voucher is redeemed.
2. Third-party gift cards and value vouchers: The Joy gift voucher cannot be used to purchase gift cards, voucher cards or value vouchers of third parties. The exclusion serves to prevent misuse and to comply with anti-money-laundering requirements.
3. Financial products and investment items: Financial investments, securities, cryptocurrencies, precious metals as investment products and comparable investment products are excluded from redemption, as these products are subject to special regulatory requirements that cannot be ensured in the context of a voucher redemption.
4. Offers from private sellers: The Joy gift voucher can only be redeemed for goods offered by commercial sellers. Goods sold by private sellers (e.g. via classified ads, peer-to-peer, private marketplace sales) are excluded from redemption. This is necessary because, in the case of private sales, Joy can guarantee neither the availability of the goods nor the proper handling of the contract towards you.
5. Services: The Joy gift voucher is limited to the purchase of goods and cannot be redeemed for pure services (e.g. admission tickets, courses, travel, memberships, subscriptions). If Joy adds services to its range in the future, Joy will inform you of the redemption option in good time.
6. Products with high-performance batteries and electrically powered mobility products: E-bikes, pedelecs, e-scooters, S-pedelecs and comparable electrically powered mobility products, as well as other goods with high-performance lithium-ion batteries, are excluded from redemption where their procurement, storage or shipping is subject to special safety or dangerous goods requirements. The exclusion serves to avoid fire, explosion and transport risks and to comply with product safety and traffic law requirements.
7. Weapons, ammunition and pyrotechnics: Weapons, ammunition, pyrotechnic articles and comparable items requiring a permit or approval or subject to age restrictions are excluded from redemption. The exclusion serves to comply with weapons, proof-testing, explosives and youth protection law requirements and to avoid significant personal injury and property damage.
8. Perishable goods and goods requiring refrigeration: Perishable foods, foods requiring refrigeration and other goods whose safe procurement, storage or delivery requires an uninterrupted cold chain or special hygiene conditions are excluded from redemption. The exclusion serves to protect health, to comply with food hygiene requirements and to avoid risks from spoilage or improper storage.
9. Electrical appliances with increased safety risk: Portable heaters, fan heaters, radiant heaters, electric blankets, deep fryers, appliances with open heating elements, electrical appliances with particularly high electrical output and electrical appliances without the required CE marking or without a verifiable manufacturer are excluded from redemption. This exclusion does not cover standard consumer electronics, in particular smartphones, laptops, tablets, headphones and comparable products, provided they are CE compliant and offered by a verifiable commercial retailer. The exclusion serves to avoid increased fire and injury risks and to comply with product safety requirements.
10. Medicinal products, medical devices and narcotics: All medicinal products within the meaning of Section 2 of the German Medicinal Products Act (Arzneimittelgesetz), i.e. all prescription-only, pharmacy-only and over-the-counter medicinal products, as well as narcotics, medical devices with a particular application or health risk and comparable products whose supply is subject to professional, pharmacy, medicinal products, medical device or narcotics law requirements are excluded from redemption. The exclusion serves to protect health and to comply with the applicable supply, advice, prescription checking and quality assurance obligations.
11. Live animals and protected plants: Live animals, plants and animals protected under species protection law and goods whose shipping triggers special animal welfare, animal disease, species protection or transport law requirements are excluded from redemption. The exclusion serves to protect living organisms and to comply with the relevant protection, documentation and transport regulations.
12. Hazardous substances and dangerous chemical products: Substances and mixtures which, due to their classification or labelling as flammable, corrosive, acutely toxic, hazardous to health or dangerous in a comparable way, are subject to special labelling, packaging, safety information or transport obligations are excluded from redemption. The exclusion serves to comply with chemicals and dangerous goods law requirements and to avoid health, fire, environmental and transport risks.
13. Motor vehicles and vehicle parts requiring approval: Motor vehicles, vehicle parts requiring registration and safety-relevant vehicle accessories whose use requires a general operating permit, type approval, EC type approval, ECE approval or a comparable official approval are excluded from redemption. The exclusion serves to comply with road traffic and vehicle registration law requirements and to avoid risks from unapproved or safety-relevant vehicle parts. Simple, non-safety-relevant vehicle accessories without a special approval requirement are not covered.
14. Bulky or particularly heavy goods: Redemption may be excluded for goods which, due to their weight, dimensions or nature, cannot be transported by standard parcel shipping and require freight forwarding, special or dangerous goods logistics, if Joy cannot carry out the procurement, delivery or reversal despite reasonable efforts, or only with disproportionate effort. Joy will inform you of this without undue delay; in this case the Joy gift voucher can be redeemed for another product. Statutory rights remain unaffected.
15. Products restricted under foreign trade and sanctions law: Dual-use goods, embargoed goods and other goods whose procurement, delivery or provision is subject to approval, review or prohibition requirements under foreign trade, export control or sanctions law are excluded from redemption. The exclusion serves to comply with mandatory foreign trade and sanctions law requirements.
16. Recalled or non-marketable products: Products that are subject to an official recall, a sales ban or a comparable product safety measure, or that lack a legally required declaration of conformity, CE marking or other marketability requirement, are excluded from redemption. The exclusion serves to comply with product safety requirements and to protect against unsafe products or products not lawfully placed on the market.
17. Special offers: In the case of special offers (e.g. offers limited in time or quantity), redemption of the voucher for the specific product selected may exceptionally be excluded if, despite reasonable efforts by Joy, it cannot (or can no longer) be procured within a reasonable period, for example because the product is already sold out, and Joy is not responsible for the product's unavailability. Joy will inform you of the unavailability without undue delay. In this case the Joy gift voucher can be redeemed for another product. Any voucher value already offset will be reversed; any payments already made will be refunded without undue delay and the voucher value will be credited back in full. Statutory rights (in particular withdrawal from the contract and damages) remain unaffected.
18. Digital products: With regard to digital products (e.g. software), redemption is excluded if, despite reasonable efforts by Joy, it is not possible to provide the specific digital product selected within a reasonable period, for example because required licences are not allocated at short notice or the third-party provider unexpectedly discontinues the service. Joy will inform you of this without undue delay. In this case the Joy gift voucher can be redeemed for another product. Any voucher value already offset will be reversed; any payments already made will be refunded without undue delay and the voucher value will be credited back in full. Statutory rights (in particular withdrawal from the contract and damages) remain unaffected. Goods with digital elements within the meaning of Section 327a (3) of the German Civil Code (BGB) (e.g. a smartphone including its pre-installed operating system) are not covered by this redemption exclusion.
This Annex 1 forms an integral part of the General Terms and Conditions of Gifting Technologies GmbH.
General Terms and Conditions
A) General Terms and Conditions of Gifting Technologies GmbH for the purchase of Joy gift vouchers
1. SCOPE, CONTRACTING PARTY
1.1 These General Terms and Conditions ("GTC") apply to the purchase of Joy gift vouchers.
1.2 In addition to Joy gift vouchers, Joy also issues so-called loyalty gift vouchers in cooperation with loyalty programmes (e.g. Payback, DeutschlandCard). Loyalty gift vouchers are Joy gift vouchers that are purchased at least partly with points from a loyalty programme (e.g. DeutschlandCard) (each a "loyalty gift voucher"). Unless expressly provided otherwise in these GTC, these GTC apply equally to loyalty gift vouchers.
1.3 Your contract is concluded with Gifting Technologies GmbH ("Joy"), Wilmersdorfer Str. 165, 10585 Berlin, Germany, tel.: +49 30 754 25086, e-mail: hello@givingjoy.de, website: www.givingjoy.de.
2. CONCLUSION OF CONTRACT
2.1 The contract is concluded when Joy accepts the offer contained in your order.
2.2 The presentations in the shop do not constitute a legally binding offer by Joy. All your entries are displayed in an order summary before you place a binding order and can be corrected by you there. Only by clicking the "Buy now" button do you place a binding order for the Joy gift vouchers listed in the order summary. Confirmation of receipt of your order follows immediately by e-mail and does not yet constitute acceptance of the contract. Acceptance of the contract takes place separately by e-mail.
2.3 Joy stores the contract text and sends you the order data and the GTC as a PDF by e-mail. The GTC can also be viewed, printed and saved in the shop.
2.4 The contract language is German.
3. JOY GIFT VOUCHERS AND LOYALTY GIFT VOUCHERS
3.1 Joy gift vouchers are issued by Joy in the amount you choose. The Joy gift voucher conveys exclusively a right against Joy, according to which Joy purchases gifts of your choice upon your order and delivers them to you. Joy gift vouchers cannot be exchanged for cash. Cash refunds are made only where required by law (in particular in the event of withdrawal from the purchase of the Joy gift voucher).
3.2 Joy gift vouchers are intended exclusively for private personal use or to be passed on as a personal gift. Redemption in the context of business, commercial or professionally motivated purchases is not permitted.
3.3 The Joy gift voucher can be redeemed for goods that are available online at the time of redemption. Redemption with third parties is excluded. The product categories listed in Annex 1 (Product restrictions) and also available in their current version at https://givingjoy.de/legal/terms-details are excluded from redemption. Any amendment to the list in Annex 1 is subject to the provisions of Section 3.7 of the Redemption Conditions accordingly.
3.4 A maximum of three (3) Joy gift vouchers can be redeemed per calendar day. The total amount that can be paid with Joy gift voucher(s) per day is limited to EUR 500.00 (together hereinafter the "daily limit"). The daily limit does not restrict your right to redeem the full voucher value stored on the Joy gift voucher; the restrictions on bonus or promotional credit for gifts subject to statutory price fixing pursuant to Part B Section 2.4 remain unaffected. Any remaining balance after a partial redemption is stored on the Joy gift voucher and is available to you on consecutive or any other calendar days within the daily limit. Joy gift vouchers whose nominal value exceeds the daily limit can therefore be redeemed in full by spreading the voucher amount over several calendar days; redemption can take place on consecutive or any other calendar days. No separate application, registration or approval by Joy is required for this. The validity period of the Joy gift voucher pursuant to Section 3.7 remains unaffected.
3.5 Holders of loyalty gift vouchers can redeem a maximum of one (1) loyalty gift voucher per calendar day. Multiple redemptions within the same calendar day are not permitted.
3.6 The Joy gift voucher cannot be used to withdraw cash from third parties, for example at cash machines, or to transfer money to third parties. The Joy gift voucher is also not a payment instrument, cannot be used to issue payment orders or be stored as a general payment instrument, and in particular has no IBAN.
3.7 The Joy gift voucher is valid for three (3) years, starting at the end of the year in which the Joy gift voucher was purchased.
4. DELIVERY
Joy gift vouchers are provided by e-mail within 60 minutes of conclusion of the contract.
5. PAYMENT TERMS
5.1 All prices are total prices and include the applicable VAT. Any additional costs are stated separately.
5.2 You can pay by credit card (Visa, Mastercard) or PayPal. For payments by credit card or PayPal, your account is charged immediately after conclusion of the contract.
5.3 Loyalty gift vouchers are paid for with points you have collected in the respective loyalty programme (e.g. DeutschlandCard) and in accordance with the conditions applicable to that loyalty programme. Any additional payments required are made either by credit card (Visa, Mastercard) or via PayPal.
5.4 Joy is entitled to carry out a credit check where there is a legitimate interest. Joy does not grant loans or overdrafts in connection with the purchase or use of the Joy gift voucher.
6. INFORMATION ON THE EXISTENCE OR NON-EXISTENCE OF A RIGHT OF WITHDRAWAL
If you are a consumer, you have a statutory right of withdrawal in accordance with the following withdrawal instructions.
WITHDRAWAL INSTRUCTIONS
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day the contract is concluded.
To exercise your right of withdrawal, you must inform us (Gifting Technologies GmbH, Wilmersdorfer Str. 165, 10585 Berlin, Germany, tel.: +49 30 754 25086, e-mail: hello@givingjoy.de) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an e-mail). You may use the attached model withdrawal form for this purpose, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
Expiry of the right of withdrawal
The right of withdrawal expires early if Joy has fully performed the service and only began performing the service after you, as a consumer, gave your express consent and at the same time confirmed your acknowledgement that you lose your right of withdrawal once Joy has fully performed the contract.
END OF WITHDRAWAL INSTRUCTIONS
If you wish to withdraw from the contract, you can use this model withdrawal form:
Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract)
To:
Gifting Technologies GmbH
Wilmersdorfer Str. 165, 10585 Berlin, Germany
E-mail: hello@givingjoy.de
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*): _______________________________________
Ordered on (*)/received on (*): _______________________________________
Name of consumer(s): _______________________________________
Address of consumer(s): _______________________________________
Signature of consumer(s) (only if this form is notified on paper)
Date
(*) Delete as appropriate.
7. IMPORTANT INFORMATION FOR BUSINESS CUSTOMERS
7.1 Joy gift vouchers are used within the tax-free limit under Section 8 (1) of the German Income Tax Act (EStG).
7.2 For legal certainty, we recommend requesting a binding tax ruling (Anrufungsauskunft) (download here) from the tax office responsible for your business premises.
7.3 Joy expressly does not provide tax advice.
8. WARRANTY, LIABILITY
The statutory warranty provisions apply. Liability is governed by the statutory provisions.
9. COMPLAINTS, ALTERNATIVE DISPUTE RESOLUTION
9.1 For complaints or general questions about your order, please contact the Joy Service Center by e-mail at hello@givingjoy.de.
9.2 Joy is not obliged and generally not willing to participate in dispute resolution proceedings before a consumer arbitration board.
10. APPLICABLE LAW
German law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods.
B) General Terms and Conditions of Gifting Technologies GmbH for the purchase and delivery of gifts (Redemption Conditions)
1. SCOPE, CONTRACTING PARTY
1.1 These General Terms and Conditions ("GTC") apply to the purchase and delivery of gifts by Gifting Technologies GmbH ("Joy"). Unless expressly provided otherwise in these GTC, these GTC apply equally to the purchase and delivery of gifts through the redemption of loyalty gift vouchers.
1.2 Your contract is concluded with Joy, Wilmersdorfer Str. 165, 10585 Berlin, Germany, tel.: +49 30 754 25086, e-mail: hello@givingjoy.de, website: www.givingjoy.de.
2. CONCLUSION OF CONTRACT
2.1 The contract is concluded when Joy accepts the offer contained in your order.
2.2 To order your gift, you must provide the following information in the order form provided by Joy:
name of the gift,
shop in which the gift is available,
item number of the gift,
price of the gift (including the shipping costs stated by the shop you selected),
number of gifts.
All your entries are displayed in an order summary before you place a binding order and can be corrected by you there. Only by clicking the "Order now with obligation to pay" button do you place a binding order for the gifts listed in the order summary. Confirmation of receipt of your order follows immediately by e-mail and does not yet constitute acceptance of the contract. Acceptance of the contract takes place separately by e-mail.
2.3 After receiving your binding order, Joy will purchase your gift from the retailer as the buyer in its own name and for its own account. Joy thus becomes the retailer's contractual partner and independently owes the retailer the purchase price. If your gift is no longer available in the stated shop at the stated price, Joy reserves the right to purchase the gift from a shop other than the one you named. If the gift is also no longer available at the stated price from a shop other than the one you named, Joy is entitled to withdraw from the contract. In this case, Joy will inform you of the unavailability without undue delay and the voucher value reserved for the order will be released again without undue delay; no cash payment will be made.
2.4 Gifts subject to statutory price fixing (in particular books and sheet music under the German Book Price Fixing Act) are sold exclusively at the prices fixed by law. Discounts on these gifts are excluded. Bonus or promotional credit granted without corresponding consideration (e.g. top-up bonuses, starting credit, points top-ups with partner companies) cannot be used for gifts subject to statutory price fixing. In this respect, only the voucher amount actually paid in is credited.
2.5 Joy stores the contract text and sends you the contract data and the GTC as a PDF by e-mail. The GTC can also be viewed, printed and saved at www.givingjoy.de.
2.6 The contract language is German.
3. REDEMPTION CONDITIONS
3.1 Joy gift vouchers are intended exclusively for private personal use or to be passed on as a personal gift. Redemption in the context of business, commercial or professionally motivated purchases is not permitted.
3.2 The Joy gift voucher can be redeemed for goods that are available online at the time of redemption. Redemption with third parties is excluded. The product categories listed in Annex 1 (Product restrictions) and also available in their current version at https://givingjoy.de/legal/terms-details are excluded from redemption. Any amendment to the list in Annex 1 is subject to the provisions of Section 3.7.
3.3 A maximum of three (3) Joy gift vouchers can be redeemed per calendar day. The total amount that can be paid with Joy gift voucher(s) per day is limited to EUR 500.00. The daily limit does not restrict your right to redeem the full voucher value stored on the Joy gift voucher; the restrictions on bonus or promotional credit for gifts subject to statutory price fixing pursuant to Section 2.4 remain unaffected. Any remaining balance after a partial redemption is stored on the Joy gift voucher and is available to you on consecutive or any other calendar days within the daily limit. Joy gift vouchers whose nominal value exceeds the daily limit can therefore be redeemed in full by spreading the voucher amount over several calendar days; redemption can take place on consecutive or any other calendar days. No separate application, registration or approval by Joy is required for this. The validity period of the Joy gift voucher pursuant to Section 3.6 remains unaffected.
3.4 Holders of loyalty gift vouchers can redeem a maximum of one (1) loyalty gift voucher per calendar day. Multiple redemptions within the same calendar day are not permitted.
3.5 If there are specific indications of misuse (in particular unusual redemption patterns suggesting a systematic circumvention of the above conditions, and redemption patterns giving rise to a suspicion of money laundering or other criminal acts), Joy is entitled to temporarily block or temporarily withdraw the affected Joy gift vouchers. Affected voucher holders will be informed without undue delay and given the opportunity to comment.
3.6 The Joy gift voucher is valid for three (3) years, starting at the end of the year in which the Joy gift voucher was purchased.
3.7 Joy is entitled to amend the redemption conditions under this Section 3 with effect for the future if the amendment is necessary for one of the following reasons: (a) changes in the statutory or regulatory framework, insofar as these directly affect the provision of services, or (b) supreme court rulings that make an amendment necessary. The amendment may only be made to the extent necessary to preserve the original purpose of the contract and reasonable for you; the balance between performance and consideration agreed at the time the contract was concluded must be essentially preserved. Joy will inform you of any change in text form at least six weeks before it takes effect. In the event of a change, you have the right to terminate the contract free of charge up to the time the change takes effect.
4. DELIVERY, CANCELLATION
4.1 Gifts are delivered within fourteen (14) working days. Deliveries are limited to Germany.
4.2 If Joy is unable to conclude a purchase contract for the gift with the retailer within seven (7) working days of your binding order, your order will be cancelled. Joy will inform you of this without undue delay and the voucher value reserved for the order will be released again; no cash will be paid out.
4.3 Working days are all weekdays except Saturday, Sunday and public holidays in Berlin.
5. FEES AND PAYMENT TERMS
5.1 For the purchase of the gift, you owe the agreed purchase price.
5.2 The purchase price owed is paid by offsetting and redeeming your corresponding voucher value. If the purchase price owed cannot be paid in full by offsetting and redeeming your corresponding voucher value (in particular for gifts subject to statutory price fixing for which any bonus or promotional credit cannot be used pursuant to Section 2.4), the remaining difference must be paid either by credit card (Visa, Mastercard) or via PayPal.
6. INFORMATION ON THE EXISTENCE OR NON-EXISTENCE OF A RIGHT OF WITHDRAWAL
If you are a consumer, you have a statutory right of withdrawal in accordance with the following withdrawal instructions. There is no right of withdrawal for contracts (i) for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery, and (ii) for the delivery of audio or video recordings or computer software in a sealed package, if the seal has been removed after delivery.
WITHDRAWAL INSTRUCTIONS
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you, or a third party other than the carrier designated by you, take possession of the goods.
To exercise your right of withdrawal, you must inform us (Gifting Technologies GmbH, Wilmersdorfer Str. 165, 10585 Berlin, Germany, tel.: +49 30 754 25086, e-mail: hello@givingjoy.de) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an e-mail). You may use the attached model withdrawal form for this purpose, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired.
You will have to bear the direct cost of returning the goods. The costs are estimated at a maximum of approximately EUR 19.90.
You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
END OF WITHDRAWAL INSTRUCTIONS
If you wish to withdraw from the contract, you can use this model withdrawal form:
Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract)
To:
Gifting Technologies GmbH
Wilmersdorfer Str. 165, 10585 Berlin, Germany
E-mail: hello@givingjoy.de
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*): _______________________________________
Ordered on (*)/received on (*): _______________________________________
Name of consumer(s): _______________________________________
Address of consumer(s): _______________________________________
Signature of consumer(s) (only if this form is notified on paper)
Date
(*) Delete as appropriate.
If the purchase price was paid in whole or in part by offsetting and redeeming your corresponding voucher value, the reversal in the event of withdrawal takes place to that extent by crediting the offset and redeemed voucher value back to your Joy gift voucher. Any additional payments made by credit card or PayPal will be refunded in accordance with the payment method used. The statutory provisions on reversal otherwise remain unaffected.
7. WARRANTY, LIABILITY
The statutory warranty provisions apply. Joy is responsible to you for the statutory warranty with regard to the goods purchased by Joy and delivered to you; warranty and other rights relating to defects must be asserted exclusively against Joy. Joy handles defects, subsequent performance, withdrawal, price reduction and reversals in its own name vis-à-vis the retailer; you will not be referred to the retailer. Liability is governed by the statutory provisions.
8. COMPLAINTS, ALTERNATIVE DISPUTE RESOLUTION
8.1 For complaints or general questions about your order, please contact the Joy Service Center by e-mail at hello@givingjoy.de.
8.2 Joy is not obliged and generally not willing to participate in dispute resolution proceedings before a consumer arbitration board.
9. APPLICABLE LAW
German law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods.
Annex 1 (Product restrictions)
The following product categories are excluded from redemption:
1. Age-restricted products: Products whose sale is subject to statutory age restrictions (e.g. alcohol, tobacco/nicotine products and related products, adult content, media harmful to minors) are excluded from redemption. The exclusion serves to comply with statutory youth protection provisions and tobacco law requirements, as reliable age verification of the person redeeming cannot be ensured in every case when a voucher is redeemed.
2. Third-party gift cards and value vouchers: The Joy gift voucher cannot be used to purchase gift cards, voucher cards or value vouchers of third parties. The exclusion serves to prevent misuse and to comply with anti-money-laundering requirements.
3. Financial products and investment items: Financial investments, securities, cryptocurrencies, precious metals as investment products and comparable investment products are excluded from redemption, as these products are subject to special regulatory requirements that cannot be ensured in the context of a voucher redemption.
4. Offers from private sellers: The Joy gift voucher can only be redeemed for goods offered by commercial sellers. Goods sold by private sellers (e.g. via classified ads, peer-to-peer, private marketplace sales) are excluded from redemption. This is necessary because, in the case of private sales, Joy can guarantee neither the availability of the goods nor the proper handling of the contract towards you.
5. Services: The Joy gift voucher is limited to the purchase of goods and cannot be redeemed for pure services (e.g. admission tickets, courses, travel, memberships, subscriptions). If Joy adds services to its range in the future, Joy will inform you of the redemption option in good time.
6. Products with high-performance batteries and electrically powered mobility products: E-bikes, pedelecs, e-scooters, S-pedelecs and comparable electrically powered mobility products, as well as other goods with high-performance lithium-ion batteries, are excluded from redemption where their procurement, storage or shipping is subject to special safety or dangerous goods requirements. The exclusion serves to avoid fire, explosion and transport risks and to comply with product safety and traffic law requirements.
7. Weapons, ammunition and pyrotechnics: Weapons, ammunition, pyrotechnic articles and comparable items requiring a permit or approval or subject to age restrictions are excluded from redemption. The exclusion serves to comply with weapons, proof-testing, explosives and youth protection law requirements and to avoid significant personal injury and property damage.
8. Perishable goods and goods requiring refrigeration: Perishable foods, foods requiring refrigeration and other goods whose safe procurement, storage or delivery requires an uninterrupted cold chain or special hygiene conditions are excluded from redemption. The exclusion serves to protect health, to comply with food hygiene requirements and to avoid risks from spoilage or improper storage.
9. Electrical appliances with increased safety risk: Portable heaters, fan heaters, radiant heaters, electric blankets, deep fryers, appliances with open heating elements, electrical appliances with particularly high electrical output and electrical appliances without the required CE marking or without a verifiable manufacturer are excluded from redemption. This exclusion does not cover standard consumer electronics, in particular smartphones, laptops, tablets, headphones and comparable products, provided they are CE compliant and offered by a verifiable commercial retailer. The exclusion serves to avoid increased fire and injury risks and to comply with product safety requirements.
10. Medicinal products, medical devices and narcotics: All medicinal products within the meaning of Section 2 of the German Medicinal Products Act (Arzneimittelgesetz), i.e. all prescription-only, pharmacy-only and over-the-counter medicinal products, as well as narcotics, medical devices with a particular application or health risk and comparable products whose supply is subject to professional, pharmacy, medicinal products, medical device or narcotics law requirements are excluded from redemption. The exclusion serves to protect health and to comply with the applicable supply, advice, prescription checking and quality assurance obligations.
11. Live animals and protected plants: Live animals, plants and animals protected under species protection law and goods whose shipping triggers special animal welfare, animal disease, species protection or transport law requirements are excluded from redemption. The exclusion serves to protect living organisms and to comply with the relevant protection, documentation and transport regulations.
12. Hazardous substances and dangerous chemical products: Substances and mixtures which, due to their classification or labelling as flammable, corrosive, acutely toxic, hazardous to health or dangerous in a comparable way, are subject to special labelling, packaging, safety information or transport obligations are excluded from redemption. The exclusion serves to comply with chemicals and dangerous goods law requirements and to avoid health, fire, environmental and transport risks.
13. Motor vehicles and vehicle parts requiring approval: Motor vehicles, vehicle parts requiring registration and safety-relevant vehicle accessories whose use requires a general operating permit, type approval, EC type approval, ECE approval or a comparable official approval are excluded from redemption. The exclusion serves to comply with road traffic and vehicle registration law requirements and to avoid risks from unapproved or safety-relevant vehicle parts. Simple, non-safety-relevant vehicle accessories without a special approval requirement are not covered.
14. Bulky or particularly heavy goods: Redemption may be excluded for goods which, due to their weight, dimensions or nature, cannot be transported by standard parcel shipping and require freight forwarding, special or dangerous goods logistics, if Joy cannot carry out the procurement, delivery or reversal despite reasonable efforts, or only with disproportionate effort. Joy will inform you of this without undue delay; in this case the Joy gift voucher can be redeemed for another product. Statutory rights remain unaffected.
15. Products restricted under foreign trade and sanctions law: Dual-use goods, embargoed goods and other goods whose procurement, delivery or provision is subject to approval, review or prohibition requirements under foreign trade, export control or sanctions law are excluded from redemption. The exclusion serves to comply with mandatory foreign trade and sanctions law requirements.
16. Recalled or non-marketable products: Products that are subject to an official recall, a sales ban or a comparable product safety measure, or that lack a legally required declaration of conformity, CE marking or other marketability requirement, are excluded from redemption. The exclusion serves to comply with product safety requirements and to protect against unsafe products or products not lawfully placed on the market.
17. Special offers: In the case of special offers (e.g. offers limited in time or quantity), redemption of the voucher for the specific product selected may exceptionally be excluded if, despite reasonable efforts by Joy, it cannot (or can no longer) be procured within a reasonable period, for example because the product is already sold out, and Joy is not responsible for the product's unavailability. Joy will inform you of the unavailability without undue delay. In this case the Joy gift voucher can be redeemed for another product. Any voucher value already offset will be reversed; any payments already made will be refunded without undue delay and the voucher value will be credited back in full. Statutory rights (in particular withdrawal from the contract and damages) remain unaffected.
18. Digital products: With regard to digital products (e.g. software), redemption is excluded if, despite reasonable efforts by Joy, it is not possible to provide the specific digital product selected within a reasonable period, for example because required licences are not allocated at short notice or the third-party provider unexpectedly discontinues the service. Joy will inform you of this without undue delay. In this case the Joy gift voucher can be redeemed for another product. Any voucher value already offset will be reversed; any payments already made will be refunded without undue delay and the voucher value will be credited back in full. Statutory rights (in particular withdrawal from the contract and damages) remain unaffected. Goods with digital elements within the meaning of Section 327a (3) of the German Civil Code (BGB) (e.g. a smartphone including its pre-installed operating system) are not covered by this redemption exclusion.
This Annex 1 forms an integral part of the General Terms and Conditions of Gifting Technologies GmbH.
Our promises
Free delivery
90-day return policy
Flexible payment options
Our payment methods
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