Terms of use

2.1 Creation of a user account (registration)

Use of the app is only recommend for those age 14 or above. Registration is free of charge and does not lead to a purchase obligation. On completion of the registration process by the user, a usage agreement between Brezelkönig and the user enters into force and the user account is approved without delay. In the event of a violation of the Terms of Use, Brezelkönig has the right to block the user account.

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

2.2 Required user information

A user account may be created when the following information is provided:

• Current personal details (first name and surname, gender)
• A valid mobile phone number
• A valid email address

Important note: The registration of a user account using a so-called ‘disposable number’ is prohibited. In the event of non-compliance, Valora has the right to block the user account permanently and to delete it after a blocking period of 2 years.

2.3 Optional user information

Access to the “birthday offer” (Section 3.4) is possible when the following information is provided:

• Date of birth

2.4 Verification and accuracy of information

During the registration process, the user shall provide all the requested data in full and truthfully. Registration using a pseudonym is not permissible. During the term of use, the data must be kept up to date. The details which are provided are verified as follows during the registration process:

• The validity and ownership of the mobile number by the user is confirmed using SMS verification.

Users who registered for the loyalty programme (see section 4) can pre-order their purchase directly via the app or in the Brezelkönig web shop for pick-up at a participating point of sales.

In the app, users can reach the web shop via the tab menu. Then they can select the products, the desired collection time, the point of sale location and the means of payment. They must also provide a valid email address to confirm the order. Payments are made using the previously selected means of payment stored in the app or by entering a new payment method. Once the payment has been completed, the customer will receive an order confirmation to the specified email address.

The ordering process in the web shop only differs from that in the app in that the payment method stored in the app cannot be accessed. Therefore, users must enter a new means of payment during the ordering process.

Pre-ordering via Click & Collect with payment at the point of sale location is not possible.

4.1 General

The user can participate in the following loyalty programmes (e.g. “Kronenkarten” [crown cards]) by using the app. Participation enables the user to make use of the respective offers which are described when making a purchase at the Brezelkönig sales points.

4.2 Crowns

With every purchase of products, the user can collect a crown by showing the QR code of the app at the checkout. The crown is credited to the user's membership card as well as the digital crown card. Crowns have no direct cash equivalent.

Important note: Crowns may only be collected for your own purchases. Collecting crowns for purchases made by third parties is not permitted and constitutes a breach of these terms of use, which may result in your user account being blocked.

4.3 User status

The customer card within the app shows the user status (Pretzel Knight, Pretzel Princess or Pretzel King). The status of a user is determined by the number of crowns collected in the last 365 days. Crowns collected before this period are no longer relevant for the user status and will not be displayed on the member card. Crowns that are no longer counted for status remain on the current crown card (section 3.4).
The following applies to the determination of the user status:

• Every user starts with the status Pretzel Knight [Bronze] (crown level: 0-9 crowns).
• With a crown level of 10 crowns, the user receives the status of Pretzel Prince*ess [Silver].
• At a crown level of 30 crowns, the user receives the status of Pretzel King [Gold].

3.4 Crown cards

As soon as the current crown card is full (after 10 crowns have been collected), the user receives a thank-you gift, e.g. in the form of a product voucher, a premium or another benefit. The respective benefit granted is displayed to the customer in the app and the next crown the user collects is credited to a new crown card.
Which product voucher a user receives is determined by the current user status (Clause 3.3).Brezelkönig has the right to adjust the vouchers the user receives for a full crown card at any time. The crowns on the digital crown card do not expire as long as the user account remains in existence.

4.5 Birthday offer

When the user has added their date of birth on the app, they receive an offer on their birthday in the form of a product voucher which can be redeemed within a specified period of time. Once the user activates the product voucher, this is automatically applied to their next purchase when they show the QR code on the app.

4.6 Redeeming vouchers

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

• The vouchers must be valid
• The vouchers must be activated in the app
• The QR code on the app must be presented and scanned before payment.

If a voucher is valid for multiple products, it is applied to the most expensive product in the shopping basket.

Only one voucher per person can be redeemed.

Note: Vouchers are not paid out in cash and are only valid for the products and period of time specified on the voucher.

4.7 Competitions (e.g. wheel of fortune)

On a recurring basis there are wheel of fortune offers on the app, in which our users can win a prize. All registered app users are entitled to enter, regardless of a purchase at a sales point. The frequency with which each user may participate in an offer is defined and communicated separately for each offer. The probability of winning may vary for each offer, however it is the same for every entry in a competition. The display of a competition may appear in a simplified manner and is therefore not an indication of the probability of winning (e.g. wheel of fortune). Prizes are defined individually by Brezelkönig for each offer and may be designed in a flexible manner. Accordingly, prizes which are advertised may include, for example, product vouchers/coupons, price discounts (in percentage or amount format) or extra crowns for the crown card on the app (not an exhaustive list). Depending on the offer, the value of the prizes may vary. Cash payment of the prize and the exchange of a prize which has been won for a different prize are not possible. There shall be no claim to the implementation of the offer throughout the entire offer period. Legal recourse is excluded. In some cases, reference is made to competitions which are implemented outside this app. Links are provided to such competitions. Participation in such competitions is subject to the specific terms of participation of the respective competition.

4.8 Vouchers

a) General

Valora can provide different vouchers in the App. Vouchers are not paid in cash and are only valid for the products named on the voucher and for the specified duration. Vouchers can only be redeemed once. Redemption is subject to the requirements and special terms and conditions stated on the voucher in question.

b) Vouchers for existing users

Valora may store vouchers for existing users in the user’s respective account within the App. Such vouchers may not be given away by the user as a gift, they are non-transferable and can only be redeemed once. The user can redeem the voucher in the App by activating the code. Redemption is also subject to the special terms and conditions stated on the voucher.

c) Sending Invitations to Friends

Users can invite their friends to use the App by sending them a link or an alphanumeric code for a voucher (e.g. a referral coffee) via a messenger service outside of the App.

If the user wishes to use this referral function, he/she is required to inform the recipient in advance so that the friend can object to the sending of the link and/or the code.

Only those friends of the user can redeem the referral gift whose mobile phone number is not already linked to an existing profile in the App or who have been registered users of the App for less than 14 days and have not yet redeemed a voucher for a referral coffee.

The recipient may not give away the voucher for a referral coffee as a gift, and it can only be redeemed once.

After a successful referral, both the user and the recipient will receive a referral voucher in the App.

d) Sending Vouchers to Friends

In addition, users can give certain vouchers, which are labelled to that effect, to their friends by sending them a link or an alphanumeric code for a voucher via a messenger service outside of the App.

The recipient can redeem the voucher exclusively by using the App at the point of sale. If the recipient does not yet have a user account in the App, he/she must first create a user account in order to redeem the voucher.

By sending the link or the code via the messenger service, the gift is deemed to be completed and the user cannot revoke the gift of the voucher.

If the user wishes to send the voucher to a person, the user must inform the recipient in advance so that he/she can object to the sending.

e) Misuse

Important note: The sending of recommendations and vouchers to so-called ‘disposable numbers’ is prohibited. In the event of violations, Valora reserves the right to (i) restrict or completely discontinue the voucher offer for the user concerned or (ii) permanently block the user account and delete it after a blocking period of 2 years.

Subject to the prerequisite that the customer has accepted these Terms of Use and complies with them in full and on a permanent basis, Brezelkönig hereby assigns the customer the non-exclusive, non-transferable and non-sublicensable right to use the app for personal purposes.

We (and/or our licensors) retain the ownership of all trade marks, material protected by copyright and other intellectual property rights in the app design, text, images, sounds/music, data, information, logos, software code and other materials. The user understands that it does not have any rights in the app or such materials, with the exception of the right to use this app in accordance with the Terms of Use.

The user may not create copies of the app nor transfer rights in the app to third parties in any way. Neither the content of the app nor the material which forms the basis of this may be modified, amended, adapted, taken apart, decrypted, decompiled, subject to reverse engineering, corrected or changed in any other way.

Brezelkönig may transfer to an affiliated company or a third party or otherwise dispose of this licence or the rights and obligations arising from it at its discretion at any time.

Insofar as content published by the user on the app (e.g. reviews) is protected by copyright law, the user grants to Brezelkönig all rights of use to the content which Brezelkönig requires to publish and distribute the content. These rights of use are unlimited by time, space and content and irrevocably also generate a right to transfer the content and rights of use to third parties. The rights of use which have been granted include, in particular, the right to reproduce, amend, distribute, publish and make said content publicly available. The user confirms that it is authorised to dispose of the above rights and in the manner described and waives the right to be named as the copyright holder.

The app is made available free of charge and in its current state. The app is available on the Swiss App Store and Google Play Store. In the event costs are incurred for the installation and use of the app by possible third parties, in particular mobile network and app store providers, these costs shall be borne by the user. In the event of the download and use of the app, additional terms of the app store provider may apply, for which Brezelkönig is not responsible, in addition to these Terms of Use.

Brezelkönig endeavours to provide availability of the app services which is as reliable and free from disruptions as possible. However, it does not provide any guarantee regarding uninterrupted service, service at a particular time or the completeness and correctness of the app content. Access to the network and the internet is outside the control and responsibility of Brezelkönig.

Brezelkönig may, in part of in full, temporarily or permanently, suspend, restrict or amend the functionalities of this app or carry out maintenance on or update the app at any time and without providing reasons for this. In the case of updates, the user is asked to download and install the update. If the update is not carried out, it may no longer be possible to use this app or it may only be possible to use this app to a restricted extent.

8.1 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, disruption or non-availability of the app, as well as for any failure or change to the user’s device as a consequence of the installation or use of this app, shall be excluded insofar as legally permissible.

8.2 Termination

Both parties may terminate these Terms of Use at any time with immediate effect. After the termination of the usage agreement, for any legal reason and by either party, the user may not assert any claims arising from the app (e.g. vouchers which have not been redeemed, points balance).

8.3 Amendment of Terms of Use

Brezelkönig may amend these Terms of Use at any time. Amendments come into effect when they are accepted by the user within the framework of an update or in another form or the user continues to use the app after being provided with information about the changes.

8.4 Applicable law and place of jurisdiction

These Terms of Use are subject to substantive Swiss law. The exclusive place of jurisdiction for all disputes arising from the relationship between Brezelkönig and the user shall be the user's place of residence or, at the user's discretion, the registered office of Brezelkönig.

8.5 Questions and support

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