1. General

Terms and Conditions Crazy Birthday Wishes

1.1 These are the general terms and conditions of Crazy Birthday Wishes. The general terms and conditions are hereinafter referred to as “GTC”.

1.2 Crazy Birthday Wishes is located in Switzerland. 

1.3 Words such as “customer”, “user” or “you” are defined in these “GTC” as the person in the form of a natural person and/or on behalf of an organization that uses our website.

1.4 The “GTC” are part of the agreement that has been concluded between Worldwide Wishes and you, when you have completed the order in full.

1.5 You guarantee that during the ordering process, on the website and/or via the contact form you have been given the opportunity to obtain further information about these “GTC”.

 

1. Applicability

2.1 The “GTC” apply to the use of our website, to the registration and use of an account, to the use of our application for making a video message, to the orders placed by you and to the agreements and other legal relationships between us. These “GTC” also apply to subsequent and additional orders and new agreements.

2.2 If you register on our website, you will be notified that you accept the “GTC”. When placing an order you will also be notified that you accept the “GTC”. In both cases you can read the “AV” and you will also find the option to print them for review.

 

1. Realization of the agreement

3.1 We make our offer to you in the online ordering process based on your specific request, or in other ways if we indicate it as such.

3.2 You can accept our offer by making payment during the ordering process. Upon receipt of your payment, your order will be placed and the agreement will be concluded, under the suspensive condition that the upload of the video has been successful. All orders are subject to our “GTC”.

3.3 We will confirm your order by e-mail, if desired you will receive an invoice.

 

1. Execution of the agreement and delivery

4.1 We start immediately after the conclusion of the agreement with the implementation thereof by processing your order.

4.2 It is our intention to process the production of your order on the date specified by you. From the moment of placing, the duration of delivery is at least 1 to 3 working days.

4.3 When configuring the order you can see what it will look like. In the checkout, where you complete the order, you will see a brief overview of what your order entails.

4.4 Orders are delivered within 1 to 3 days via email.

 

1. Prices and payment

5.1 The company reserves the right to change prices at any time. The prices valid at the time of the conclusion of the contract on the website www.crazybirthdaywishes.com apply. For the customer, the prices valid at the time of conclusion of the contract apply.

5.2 Our website contains information about the different payment methods available. As indicated above, you place the order by making a payment in our order process. Upon receipt of your payment, your order will be placed and the agreement will be concluded, on the suspensive condition that the upload of the video has been successful. After we have received your payment, we will send a confirmation by e-mail.

 

1. No right of withdrawal

6.1 Because the product has been personalized according to your own specifications, the right of withdrawal does not apply. We set up the process in such a way that there are sufficient steps in the process in which you can fully digitally check your order.

 

1. Conformity and Complaints

7.1 If you are dissatisfied with the order or our service, we request that you report this within 14 days of receipt of your order so that we have the opportunity to offer a suitable solution.

7.2 We are not obliged to offer a solution if data has been submitted incorrectly.

 

1. Video Storage/Management

8.1 The services offered on our website are not intended to be used for video storage. The retention period we use is 3 months for the order placed, after this period the order (history) will be deleted.

8.2 We make responsible and reasonable efforts to ensure that the video is delivered to you within 1 to 2 days. You are responsible for always storing copies of the video elsewhere. We are not liable for the loss of video or other data.

 

1. Rules of Use

9.1 You warrant that the photo(s) uploaded to our service through your account do not infringe any rights of any third party. Third party rights include, without limitation, intellectual property rights such as copyrights, related rights, design rights, patent rights, trademark rights, trade name rights and trade secret rights. Third party rights include, without limitation, privacy rights and image rights.

9.2 You also guarantee that the photo uploaded to our services via your account does not infringe criminal law, statutory provisions of a mandatory nature, public order, morality or what is considered proper behavior in accordance with unwritten law.

9.3 You guarantee that by processing your order and executing the agreement we do not infringe any rights of third parties or rules as mentioned above.

9.4 You guarantee that the order you place is intended for your network for which you have obtained permission to access it.

9.5 You warrant that the photo(s) uploaded to our services do not contain any viruses, malware or other forms of malicious software or other content that could compromise our services. You warrant that you will not hack, spam, or use our services in any way that affects or interrupts the integrity or operation of our service.

9.6 You shall indemnify and hold Worldwide Wishes harmless from and against all claims, costs, damages, losses, liabilities and expenses and (including reasonable attorneys’ fees) arising out of or in connection with any claim arising out of or related to the breach or alleged breach of the “AV”.

9.7 We have the right to terminate the agreement, remove or suspend your photo(s) and notify the relevant authorities if you are in breach of the “GTC” or if we have serious suspicions that this is the case. We are not liable for any damage resulting from this.

 

1. Availability of Our Services

10.1 It is our intention to keep our service available to you at all times, but maintenance work, security updates or events or interruptions beyond our control may interrupt our services or your account. We will not be liable for any losses or damages related to such interruptions.

10.2 Our services are available to you if you use a computer or device with internet access and an up-to-date internet browser. You are obliged to take adequate security measures with regard to your own device and the software you use. We are not responsible for the devices and software you use when using our services, nor are we liable for errors or loss of data during the transmission of digital files and/or images to our services over computer networks or telecommunications facilities that are not controlled by us or served.

 

1. Intellectual Property Rights

11.1 All intellectual property rights, including but not limited to copyrights, neighboring rights, database rights, design rights, trademark rights, trade name rights, trade secrets and patent rights on and with regard to our website, application including the associated know-how are the property of Worldwide Wishes

11.2 We are entitled to take technical measures to protect intellectual property rights. You may not remove, avoid or circumvent this protection or have it done by third parties.

11.3 You are not entitled to fully or partially integrate or combine parts of our website, the Worldwide Wishes application and services in or with software that has not been made available by us.

 

1. Privacy “GDPR”

12.1 We are committed to protecting your personal data. We process personal data of our customers in accordance with the EU General Data Protection Regulation (GDPR). Read our privacy and cookie statement for more information about our processing of personal data.

12.2 In our privacy statement we state that you provide the assignment on the basis of your consent. By means of the “GTC” you give explicit permission for this.

12.3 You are solely responsible for the video you provide to us as well as the details of your network to whom we must send it. Videogift is the processor and will carry out the assignment in accordance with your instructions.

12.4 You have the right to withdraw your consent at any time. However, the withdrawal of consent does not affect the lawfulness of the processing prior to its withdrawal.

12.5 Young people under the age of 16 need permission from their parents or legal representatives to place an order.

 

1. General Notes on How the Internet Works

13.1 Despite the control you have over your account and the way in which we have set up the services, the availability of the internet can never be fully controlled. For example, your video message can be saved by people you share it with, for example by taking screenshots or otherwise, even after you delete the video message. We trust you understand this and we expressly disclaim any liability for it.