Article 1 – Application of the general terms and conditions
These general terms and conditions of sale apply to all purchases of youcinema products and services made via the online platforms such as the website or app. This also includes offers from third-party companies that are marketed via these online platforms.
Any confirmed online purchase implies the prior full and unreserved acceptance of these general terms and conditions of sale by the customer.
Article 2 – youcinema AG
youcinema AG (hereinafter referred to as “youcinema”) is a public limited company under Swiss law with its registered office in 4600 Olten, Switzerland. As a public limited company, it is a legal entity entered in the commercial register with the company number CHE-112.358.070.
It acts on its own behalf when selling products and services, as well as when reselling products and services from third-party companies. if customers have any complaints, questions or problems regarding the purchase of products and services, they can contact youcinema via the e-mail address firstname.lastname@example.org or via the administration telephone number 062 / 788 50 00.
Article 3 – Products of the online sales service
3.1. – Products
These general terms and conditions apply to the following product groups:
1 the purchase of movie tickets (hereinafter “ticket”) via the online ticket platforms of youcinema; 2. further for vouchers (hereinafter “gifts”), such as cinema vouchers, food and drink vouchers, youcinema loyalty cards, as well as accessories for the gifts; 3. for the purchase of youcinema loyalty points; 4. for food and beverages that can be pre-ordered via the online services.
If one of the conditions refers only to a specific product group, this is expressly stated.
Customers can use the online platforms to buy tickets for one or more screenings at any of the cinemas belonging to youcinema. The number of tickets per transaction can be limited for security reasons. In principle, youcinema offers this service for all screenings, but reserves the right to exclude individual screenings from online sales. No reasons need to be given for the exclusion; for details of the payment process, see Article 5.
3.1.2 – SilverCard:
The SilverCard (hereinafter “SC”) is valid as a prepaid means of payment within all youcinema cinemas. The card must be loaded with SilverCard points. These points are considered a means of payment. One SilverCard point is equivalent to one Swiss franc. The purchase of an SC allows the owner to participate in the youcinema SilverCard program. This primarily includes discounts on all regular youcinema tickets. In order to receive the discount, the purchase amount of the ticket must be paid in SC points. If you pay in Swiss francs, the regular prices apply. Ticket prices, including discounts, cannot be less than CHF 10.00 or 10 SC points. The SC points purchased expire two years after the date of purchase.
For special screenings and events, youcinema reserves the right not to offer the discount and payment of tickets with SC points. No reasons need to be given for the exclusion. Performances and events by third parties that are marketed via the youcinema online platforms are generally excluded from the SilverCard program. Exceptions are possible.
If there is any suspicion of attempted abuse or fraud, youcinema may immediately exclude persons from the SilverCard program. You do not need to be informed of an exclusion.
3.1.3 – Gold Card:
After payment of the purchase price, the GoldCard (hereinafter “GC”) entitles the holder to purchase one ticket per performance within one year. The price of the tickets is included in the annual fee. The card is not transferable. For this reason, the following restrictions apply: Tickets cannot be purchased for parallel performances. There must be a two-hour interval between the start of one performance and the next. After one year, the GC must be renewed at the regular purchase price. The cardholder must be able to identify himself/herself at the request of staff. For selected screenings and events, youcinema reserves the right to charge special prices or to exclude individual screenings and events from the GC program altogether. No reasons need to be given for special prizes or exclusion.
If there is any suspicion of attempted abuse or fraud, youcinema can immediately exclude people from the GoldCard program. You do not need to be informed of an exclusion.
3.1.4. – Vouchers:
By completing an order for vouchers and gifts on the youcinema online platforms, a binding purchase contract is concluded. Vouchers are divided into two different types: Value vouchers, which are loaded with a specific amount and can be used as a payment method online or at the checkout, and item vouchers, which entitle the holder to purchase one or more items. The vouchers are delivered in two ways: Print@Home vouchers, which are printed out by customers themselves after the sales process, and physical vouchers, which are sent to customers by post. Youcinema is not responsible for incorrectly entered email addresses or incorrect addresses and the resulting delays. Physical vouchers will be sent by post within five working days of purchase.
If there is any suspicion of attempted abuse or fraud, youcinema may block individual or entire voucher series immediately and without further notice.
3.2 – Product information
Youcinema provides on its online platforms all the necessary information about the products, such as the prices applicable at the time of purchase, the program information when purchasing the tickets, as well as the period of validity and other conditions of use in relation to its products. Unless otherwise stated on the online platforms, the prices quoted include all costs associated with the purchase, delivery and use of the products. Information regarding the properties and use of the products can also be provided on the gift or on the ticket. Any use of the products is also subject to the house rules of the cinema in which the customer wishes to watch a screening.
Article 4 – Sales process
Customers can buy the products via the online platforms. To do this, the following steps must be completed: 1. Specifying the desired products and the desired quantity; 2. going through the payment procedure; 3. the provision of personal data, which is necessary, among other things, for the receipt of the purchase receipt and the tickets, as well as the provision of the products by electronic means. Customers have the opportunity to check and correct their order before payment is made. Customers are given the opportunity to take note of these General Terms and Conditions and the data protection declaration contained therein at the time of purchase. The purchase of products is subject to acceptance of these terms and conditions.
Article 5 – Payment
The products can be paid for using the payment methods provided on the online platforms. Tickets are paid for via an interface to Six Payment Solutions (financial services company). Their provisions apply to the transactions. The main currency is generally the Swiss franc. However, other currencies may also be used in the context of events. Customers are responsible for the costs charged by their financial institution for transferring the purchase amount to youcinema.
Offers that can be paid for with a youcinema SilverCard are processed directly via the youcinema loyalty system. Payment here is not made in Swiss francs, but in the form of youcinema SilverCard points, which customers must obtain before making a purchase.
If the customer is entitled to a discount according to the information on the online platforms, youcinema is entitled to request supporting documents in order to check the customer’s entitlement to a discount. The examination can take place in the movie theater itself.
Article 6 – Delivery
Unless expressly stated otherwise on the online platforms, products are always delivered electronically, e.g. by sending a purchase receipt or ticket to the e-mail address provided by the customer. The customer is responsible for the validity of the e-mail address provided and must ensure that the e-mail program used to receive the products is functioning and protected. The risk of loss of products sent electronically is transferred to the customer at the time the e-mail is delivered to the customer’s provider. Customers are always sent a proof of purchase by e-mail, which contains a summary of the most important details of the purchase. Customers themselves must ensure that this e-mail is stored. If the customer does not receive a purchase confirmation, they can contact youcinema as described in Article 2.
Each ticket purchase confirmation contains a PDF with the ticket. In addition, the ticket is displayed on the online platform immediately after the payment process. If the customer does not have a printer or smartphone, they can use the booking number on the purchase receipt. Only the possession of a valid ticket or a valid booking number entitles the holder to access to the movie theater. The purchase confirmation for gifts with Print@Home delivery contains a PDF with one or more unique codes. When delivered by post, customers receive cards with one or more unique codes. Customers can use any of these codes to redeem the voucher at a later date.
Article 7 – Right of withdrawal
When purchasing tickets and thus reserving a seat for a specific film screening or a special event, customers have no right of withdrawal; when purchasing gifts, customers have a right of withdrawal, which can be exercised free of charge and without justification within a period of seven calendar days after the payment transaction for the purchased gifts. The customer may only exercise this right within this period and only if the gifts have not yet been used in full or in part. Customers accept that any use cancels the right of withdrawal.
The right of withdrawal can be exercised by sending an e-mail to email@example.com or a letter to youcinema AG, Aarauerstrasse 75, 4600 Olten. The notification must contain the exact details of the following points: 1. the wish to cancel the purchase; 2. the description of the products whose purchase the customer wishes to cancel; 3. a copy of the purchase confirmation; 4. the e-mail address used for the purchase; 5. and the number of the account (BIC + IBAN) to which the repayment can be made. Furthermore, the products must be returned to youcinema at the customer’s expense if they were delivered by post. Youcinema will carry out the repayment within a period of 7 days after exercising the right of withdrawal.
Article 8 – Liability
Youcinema guarantees that the products contain the features specified on the online platforms. When purchasing tickets or using a gift, the availability of seats for the film screening chosen by the customer is displayed in real time on the online platforms. Youcinema does not guarantee that the film programming will remain unchanged for a certain period of time. The film program can change at any time, even at short notice. For example, a movie may play in a different auditorium or be canceled altogether. If the performance is completely canceled, customers can attend an alternative performance or receive a ticket refund. In the event of technical faults on the online platforms that result in customers not receiving the purchased products via the e-mail address provided, youcinema will refund the purchased products within a maximum period of 30 days.
The liability of youcinema is in any case limited to the value of the purchased products.
Customers themselves are responsible for errors during the purchase process, such as entering an incorrect e-mail address, entering an incorrect number of products or the characteristics of the products (such as choice of film, place of screening, time of screening or seat reservations). The customer is also responsible for the use of the products, such as the loss of products, the untimely use of tickets or gifts, enabling other persons to use the products without the consent of the legitimate customer, as well as for any unlawful use of the products.
Article 9 – Force majeure
Youcinema may cancel performances and events at any time in the event of an occurrence that meets the criteria of force majeure as defined in the relevant case law. In this case, youcinema cannot be held liable and customers are not entitled to any reimbursement or compensation of any kind.
Article 10 – Data protection
Youcinema collects, records and processes personal data of its customers in order to provide customers with the products and services they have purchased, to inform them about other products and services of youcinema or its business partners or to collect analyses in the context of customer satisfaction surveys, (general) market research and studies regarding the operation and use of the online platforms. The data will not be passed on to other companies for advertising purposes, but may be passed on to a data processor for processing. The data on the payment process, for example, is transmitted via an interface to a financial services company. youcinema does not store any data made on the interface of the financial services company, such as the bank and credit card details of customers, and customers can contact youcinema at any time to find out what personal data is stored about them. They can also request the deletion or amendment of their data. An adjustment can only be made if case law is not violated, the new data corresponds to reality and no third parties are harmed.
Article 11 – Security
The online platforms comply with the regulations applicable in Switzerland with regard to the confidentiality of users’ personal data. The website uses encryption with an SSL certificate (Secure Socket Layer) for data exchange, which is authenticated by a legally recognized organization.
Article 12 – Amendments to the General Terms and Conditions
Youcinema reserves the right to change these general terms and conditions at any time without prior notice, for example to adapt them to changes in products and services or to changes in legal and regulatory requirements. Customers can find the applicable general terms and conditions for each purchase on the online platforms.
Article 13 – Governing law – Disputes
These General Terms and Conditions of Sale are governed by Swiss law. Complaints or disputes concerning the interpretation or execution of these general conditions of sale shall be submitted to the competent courts under the conditions of common law. The place of jurisdiction for any disputes is Olten, Switzerland.
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Youcinema AG, 01.01.2017
These GTC replace all previous versions.