Terms and Conditions of Tutao GmbH for the purchase and redemption of gift cards
As of February 23, 2022
These Terms and Conditions for Tutanota gift cards are provided in English for your convenience. Please note that in case of a dispute or discrepancy between the German Terms and Conditions and the English translation, the German version shall prevail.
1. General, scope
1.1 These General Terms and Conditions of the Tutao GmbH, Address: Deisterstr. 17a, 30449 Hannover, e-mail: hello@tutao.de, phone: 0511 202801-0 (hereafter Tutao), for the purchase and redemption of gift cards (Gift-card-GTC), apply exclusively in connection with gift cards from Tutao. All other services of Tutao are subject to the General Terms and Conditions of Tutao, which can be accessed here.
1.2 These gift card Terms and Conditions apply exclusively to consumers according to § 13 BGB (hereinafter referred to as private customers), since the usage of gift cards by entrepreneurs (business customers) is excluded. A private customer is any natural person entering into a legal transaction for a purpose that cannot be attributed to their commercial or to their independent vocational activity.
2. Conclusion of contract
The offer of the customer to conclude the intended contract for the purchase of a gift card consists in the sending of an electronic declaration to Tutao. The contract is concluded by the electronic transmission of the gift card link by Tutao.
3. Restrictions
3.1 Gift cards can only be purchased by users registered with Tutao.
3.2 The gift card is transferable and can be redeemed by anyone who has access to the gift card link.
3.3 The gift card is valid to be redeemed in the country specified by the purchaser in the acquisition process.
3.4 The gift card can be used exclusively for private Tutanota accounts (free or paid). A usage of the gift card for business accounts is not possible.
3.5 A customer may purchase a maximum of 10 gift cards within a six-month period.
3.6 Gift cards can not be used to purchase other gift cards and cannot be paid out.
3.7 A subsequent crediting of a gift card to an order already placed is not possible.
4. Payment method
Gift cards can only be purchased by customers who have provided credit card details or PayPal as a payment method.
5. Redemption of gift cards
5.1 When redeemed on an existing or newly signed up Free account, the account will automatically be upgraded to a yearly Premium subscription with automatic renewal, at the standard price applicable at the time of redemption (deducted from the gift card amount), the remaining balance will be applied as credit to the account.
5.2 When redeemed on an existing paid account, the full value of the gift card will be applied as credit to the account.
5.3 Existing account balance can be used to book further features up to the available amount. If the existing balance is not sufficient for the selected service, a payment method must be added or another gift card must be applied.
5.4 Gift cards can be redeemed until the end of the third year after their purchase (‘expiration date’) by redeeming on an existing Tutanota account. After the expiration date, redemption is no longer possible. The credit from an already redeemed gift card that has been added to a Tutanota account does not expire.
5.5 Account credit obtained via gift card can be neither refunded nor paid out.
6. Improper use
Tutao reserves for themselves the right to deactivate gift cards in the event of fraud, attempted deception, or suspected illegal or abusive activities in connection with a gift card or gift card redemption. There is no entitlement to activation or payment of affected gift cards or credit.
7. Notice of cancellation
If the customer is a private customer and the contract was concluded exclusively by means of distance communication ( distance selling contract), the private customer has the statutory right of withdrawal described below:
Notice of cancellation
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of contract. To exercise your right of cancellation, you must notify us
Tutao GmbH
Deisterstr. 17a
30449 Hanover
Germany
Phone: +49 511 202801-0
Fax: +49 511 202801-19 or
Email: hello@tutao.de
with a clear statement (eg a letter sent via post, a fax or an email) of your decision to withdraw from this contract. You can use the attached model withdrawal form. However this is not mandatory.
In order to observe the withdrawal period it is sufficient to send the notice claiming the right of withdrawal within the withdrawal period.
Results of Withdrawal
If you withdraw from this contract, we have to return all payments that we have received from you including delivery costs (with the exception of the additional costs arising from the fact that you have chosen a more expensive type of delivery other than the standard delivery offered by us) which must be repaid immediately at the latest within fourteen days from the date on which we have received your notice of cancellation of this contract. For this repayment we use the same method of payment that you have used for the initial transaction, unless you explicitly agreed otherwise; in any case you will not be charged fees for this repayment.
In case that you have required the services to start during the withdrawal period, you have to pay us a reasonable amount compared to the full extent of the service covered in this contract for the service already provided to you up to the date on which you notify us of the right of withdrawal of this contract.
End of Notice of cancellation
Model form for withdrawal
(If you want to withdraw from the contract, you can fill in this form and send it back to us.)
To
Tutao GmbH
Deisterstr. 17a
30449 Hanover
Germany
Fax: +49 511 202801-19 or
Email: hello@tutao.de
Hereby I/we* give notice that I/we* withdraw from my/our* agreement of sale of the following goods*/provision of the following service*:
Ordered on*/received on*: __________________________________________________
Name of customer(s): __________________________________________________
Address of customer(s): __________________________________________________
Tutanota e-mail address of the customer(s): __________________________________________________
Signature of customer(s) (only if sent on paper): __________________________________________________
Date: __________________________________________________
*) Delete as applicable.
8. Privacy
8.1 If provided by the customer, Tutao collects, processes and uses personal data of the customer. For more information on data processing and data protection see the Data Privacy Statement of Tutao.
9. Jurisdiction, law applicable
9.1 The laws of the Federal Republic of Germany shall apply. This does not affect mandatory provisions of the country in which private customers who are consumers have their main residence. In all communications with consumers within the European Union the law of the domicile country of the consumer may also be used, provided that mandatory consumer laws are applicable.
9.2 The validity of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded, even in cross-border deliveries.