Terms of Use

TERMS OF USE – "BREZELKÖNIG APP" (HEREINAFTER REFERRED TO AS "APP")

1. General

1.1 Brezelkönig AG ("Brezelkönig" or "we"), Neuenkirchstrasse 91, 6020 Emmenbrücke, Switzerland, operates sales outlets of the "Brezelkönig" format.

1.2 By using this app, the user agrees to these terms of use.

2. Registration

2.1 Creation of a user account (registration)

The use of the App is recommended only from the age of 14 years. Registration is free of charge and does not create any obligation to purchase any product. Upon completion of the registration by the user, a user contract based on these terms of use is concluded between Brezelkönig and the user and the user account will be activated immediately.

In case of violation of the terms of use, Brezelkönig has the right to block the user account.

2.2 Required user information

The creation of a user account requires the provision of the following information:

  • current personal information (first and last name, gender)
  • a valid mobile phone number
  • a valid e-mail address

2.3 Optional user information

Access to the "Birthday promotion" function (section 3.4) requires the provision of the following information:

  • Date of birth

2.4 Verification and accuracy of information

During registration, the user must provide all requested data completely and truthfully. During the period of use, the data must be kept up to date.

During registration, the information provided will be verified as follows:

  • The validity and affiliation of the mobile phone number to the user is confirmed by way of SMS verification.

3. Promotions and offers within the app

3.1 General

By using the app, the user can participate in the loyalty programs described below (e.g. crown cards). Participation provides the user with the respective described benefits when shopping in Brezelkönig stores.

3.2 Crowns

With each purchase of products, the user can collect a crown by presenting the QR code within the app at the checkout. By way of the sales staff scanning the QR code, the user's account is automatically credited with one crown.

The following applies:

  • The user receives one crown per purchase
  • The individual crown status is defined by the number of crowns collected in the last 365 days
  • A higher status remains for 365 days, even if a user no longer has the necessary crown level.
  • By collecting crowns, users can improve their status:
    • Each user starts with the status Pretzel Knight / Pretzel Dame [Bronze] (crown level: 0-9 crowns).
    • At a crown level of 10 crowns, the user receives the status of Pretzel Prince / Pretzel Princess [Silver].
    • At a crown level of 30 crowns, the user receives the status Pretzel King / Pretzel Queen [Gold].
  • The status defines which benefits the user enjoys as part of the loyalty program
  • Crowns have no direct cash equivalent

3.3 Crown cards

With every purchase, the users also receive the crown as per section 3.2 credited to their digital crown card.

Full crown cards generate benefits (e.g. in the form of product vouchers). Which product voucher users receive is determined by the status the users hold based on their total number of crowns (as per section 3.2) at the time they receive the last crown.

The accumulated Crowns on the Crown Card do not expire.

3.4 Birthday promotion

If users have entered their date of birth in the app, they will receive a benefit on their birthday in the form of a product voucher, which can be redeemed for a specified period of time. Once a user activates a product voucher, it will be automatically applied the next time the user makes a purchase and presents the QR code in the app.

3.5 How to redeem Vouchers

In order to redeem vouchers, the following conditions must be met:

  • voucher must be valid
  • voucher must have been activated in the app
  • the QR code within the app must be presented at the time of payment

If a voucher is valid for multiple products, it will be applied to the most expensive product in the cart for which it is valid.

Note: Vouchers are not paid out in cash and are only valid for the products and duration stated on the voucher.

4. Rights of use to the app and the app content

Provided that the user has accepted these terms of use and complies with them permanently and fully, Brezelkönig hereby grants the user the non-exclusive, non-transferable, and non-sublicensable right to use the app for private purposes.

We (or our licensors) retain ownership of all trademarks, copyrighted material, and other intellectual property rights in the app design, text, images, sounds/music, data, information, logos, software codes, and other materials. The user acknowledges that the user has no rights in the app or such materials, other than the right to use this app in accordance with these terms of use.

No copies of the app may be made, nor may any rights in the app be transferred in any way to any third party. Neither the content of the app nor its underlying materials, may be modified, altered, adapted, disassembled, decrypted, decompiled, reverse engineered, corrected or changed in any other way.

Brezelkönig may, in its sole discretion, assign or otherwise dispose of this license or its rights and obligations hereunder to any affiliate or third party at any time.

5. Publication of own content by users

Insofar as content published by the user within the app (e.g. reviews) enjoys copyright protection, the user grants Brezelkönig all rights of use to the content that Brezelkönig requires to publish and distribute the content. These rights of use are unlimited in terms of time, space and content and further irrevocably entitle the Brezelkönig to transfer the content and the rights of use to third parties. The rights of use granted include in particular the right of reproduction, the right of modification, the right of distribution as well as the right of public reproduction and making available to the public. The user assures to be able to dispose of the aforementioned rights and in the described manner, and he/she waives the right of naming the author.

6. Provision of the app

The app is provided free of charge and 'as is'. The app is available in the Swiss Apple App Store or Google Play Store. If costs arise for the installation and use of the app by any third parties, in particular mobile phone and app store providers, these are to be borne by the user. When downloading and using the app, additional terms and conditions of the app store provider may apply in addition to these terms of use, for which Brezelkönig is not responsible.

Brezelkönig is committed to ensuring the highest possible and uninterrupted availability of the app services. However, it does not guarantee uninterrupted service at any particular time, or the completeness and accuracy of the app's content. Access to the network and the internet is beyond the control and responsibility of Brezelkönig.

Brezelkönig may at any time and without giving any reason discontinue, restrict or modify the functionalities of this app in whole or in part, temporarily or permanently, and it may maintain or update the app.

In the case of updates, the user will be prompted to download and install the update. Failure to update may result in the inability to use this app, or in limited use.

7. Other provisions

7.1 Liability

Brezelkönig's liability for damages incurred by the user or a third party in connection with the use of this app, for the suspension, interruption or unavailability of the app, as well as for any damage or modification to the user's terminal device as a result of the installation or use of this app is excluded to the extent permitted by law.

7.2 Termination

Both parties may terminate these terms of use at any time with immediate effect. After termination of the terms of use, regardless of the legal reason and by which party, the user cannot assert any claims arising from the app (e.g. unredeemed vouchers, crown credits).

7.3 Amendment of the terms of use

Brezelkönig may amend these terms of use at any time. Changes become effective if the user accepts them as part of an update or otherwise or continues to use the app after being informed of the changes.

7.4 Applicable law and place of jurisdiction

These terms of use are governed by substantive Swiss law. The exclusive place of jurisdiction for all disputes arising in the relationship between Brezelkönig and the user is Basel-Stadt.

7.5 Questions and support

If you have any questions about the app, you can contact us by e-mail at app@brezelkoenig.ch.

Last updated May 2021