Partner terms and conditions
Partner Terms and Conditions (PTC) – version applicable from its publication on the Site. Effective date: 1 August 2026. The website www.swigift.ch (the «Site») is operated by Swigift Varin, Swigift, an individual company registered in the commercial register of the canton of Jura, Chemin de la Fenatte 12, 2824 Vicques (Val Terbi), Switzerland – ID: CHE-309.525.138 (hereinafter «Swigift»). Contact: info@swigift.ch, Through the Contact page of the Site or the contact details indicated in the Legal Notice. These GTC exclusively govern the relationship between Swigift and its merchant Partners; sales to consumers are governed by the GTC.
1. Purpose
These GTC govern the listing, marketing, collection and payment of Gift Vouchers relating to the Partner's services, as well as the reciprocal rights and obligations of the parties. The Partner holds no rights over the products, offers or media marketed by Swigift, with the exception of the Gift Vouchers relating to its own services.
Acceptance
The GTCs are accepted by the Partner when submitting their partnership request via the Website form (checkbox, with time-stamped recording of the acceptance, IP address and document version, as proof). In any event, the publishing of Gift Vouchers by the Partner or making them available on the platform constitutes acceptance by conclusive conduct (arts. 1 and 6 CO) of these GTCs and the financial terms communicated.
3. Indexing and validation
The Partner submits their application by providing accurate and up-to-date information (identity, address, contact details, IBAN, offers, visuals). Swigift freely approves or refuses each application. The Partner's page is only published after validation by Swigift.
4. Partner Obligations
The Partner undertakes to: honour any valid Gift Voucher sold via Swigift on the same terms as its direct sales – including after the partnership has ended for Vouchers sold prior to termination; perform its services diligently and in accordance with the law applicable to it; manage its availability; maintain accurate information and report any changes without delay (offers, prices, contact details, IBAN, cessation of business); verify the authenticity of the unique code before providing the service.
5. Gift Voucher Checking Tool
Swigift provides the Partner with an online tool (the «control link») to check the validity of a code, view its balance and record its use, in whole or in part, by deducting the amount.
Restricted and confidential access the control link is communicated to the Partner for the exclusive purposes of the partnership. It is strictly reserved for the Partner and members of its personnel whom it has duly authorised, for whom it is liable as for its own acts. The Partner undertakes not to broadcast, publish or share it with third parties, nor to make it publicly accessible (website, social media, materials provided to customers), and to protect it against any unauthorised access.
Usage restricted to own vouchers the Partner may only check, mark as used or decrement Gift Vouchers relating to their own services. Any operation involving a Gift Voucher belonging to another Partner is prohibited.
Data accuracy use is recorded at the time of the service, for the exact amount consumed. In particular, any decrement not corresponding to a service actually provided, any courtesy entry, and any abusive or fraudulent use of the tool are prohibited. An erroneous transaction may be cancelled directly in the tool within the short time frame it provides; after this period, the Partner must inform Swigift without delay so that it can be corrected.
Proof every transaction is recorded in a time-stamped log (date, time, amount deducted, remaining balance), which is kept even when a transaction is cancelled. This log serves as binding evidence between the parties until proven otherwise and forms the basis for calculating repayments.
Responsibility the Partner shall be liable for all operations carried out using the control link provided to them, including those carried out by their assistants or a third party to whom they have facilitated access, and guarantees Swigift against any resulting claims. In the event of use not in compliance herewith, Swigift may suspend access to the tool with immediate effect and carry out the necessary regularisations, without prejudice to termination for just cause and damages.
6. Commission
The applicable commission rate is communicated individually to the Partner by email upon validation of the partnership; this communication constitutes the financial terms proposal between the parties. Failing written dispute within a period of ten (10) calendar days from dispatch, the rate is deemed to be accepted; in any event, the putting online of the Gift Vouchers constitutes definitive acceptance. Unless otherwise indicated, the rate is exclusive of VAT; any statutory VAT shall be added to the commission if Swigift is subject thereto.
7. Collection and remittance
Swigift collects the price of the Gift Vouchers on behalf of the Partner via its payment service provider. Unless otherwise agreed in writing, payment to the Partner takes place monthly, to the IBAN provided, minus the commission and based on a sales statement for the period. Refunds relating to Vouchers sold prior to termination shall be made according to the same schedule. Each party remains responsible for its own tax obligations.
8. Expired vouchers
Unless otherwise agreed in writing, amounts collected in respect of Gift Vouchers that have expired without being used shall not give rise to any refund to the Partner, as the service has not been provided; they shall remain the property of Swigift as distribution and management fees. Any extension granted by the Partner after the expiry date shall be at its sole discretion and shall have no effect on the foregoing.
9. Absence of exclusivity and minimum volume
The partnership does not entail any exclusivity on either side. Swigift is not subject to any minimum sales volume requirements or any specific promotion obligations.
10. Duration and termination
The partnership is entered into for an indefinite period. Either party may terminate it at any time by giving three (3) months’ written notice. Each party may also terminate the partnership with immediate effect on valid grounds, in particular in the event of a serious breach of these General Terms and Conditions, a breach of applicable law, or conduct detrimental to the interests or reputation of the other party. Vouchers sold prior to the effective date of termination shall remain governed by these General Terms and Conditions.
11. Warranty and liability
The Partner is solely responsible for the performance and compliance of its services, the information it provides and its compliance with applicable laws. In the event of any error, inaccurate information, failure to notify a change or unavailability attributable to the Partner, the Partner shall bear sole responsibility for the consequences vis-à-vis the Beneficiary and shall indemnify Swigift against any resulting claims, legal proceedings, damages or costs. To the extent permitted by Swiss law, Swigift’s liability towards the Partner is limited to direct damages arising from a fault attributable to Swigift; Liability for fraud or gross negligence remains reserved (Art. 100(1) of the Swiss Code of Obligations).
12. Intellectual property and licence
The content provided by the Partner (logo, photographs, descriptions) remains its property; it guarantees that it holds the necessary rights and grants Swigift a non-exclusive licence to use it for the purposes of presenting and promoting its offer on the platform and its communication media. The brand, the Site and the Gift Voucher templates remain the exclusive property of Swigift.
13. Data and evidence
Data is processed in accordance with the nLPD (see the Privacy Policy). The IBAN is encrypted at rest. Acceptance of these Terms and Conditions is recorded, along with the timestamp, IP address and document version, for evidence purposes.
14. Modification of the GCs
Swigift may modify these GTC; substantial modifications shall be notified to the Partner (e-mail). Continuation of the partnership after notification constitutes acceptance. Vouchers already sold shall remain governed by the version applicable on the day of their sale.
15. Language and translations
These GTC are drawn up in French, which is the sole reference language. Any version in another language (German, English or other), whether resulting from a human translation, an automatic translation tool, the Site language selector or the browser translation function, is provided for convenience only and has no contractual value. In the event of any discrepancy, inaccuracy, omission or contradiction between the French version and a translated version, only the French version shall prevail, both for the interpretation and the performance of these terms. The same applies to the other content on the Site and the generated documents (offer descriptions, specific conditions of Gift Vouchers, e-mails, vouchers and summaries) displayed or transmitted in another language. Swigift shall use reasonable endeavours to ensure the quality of the translations provided, without guaranteeing their accuracy, completeness or up-to-date nature; it shall not be liable for any resulting errors, approximations or loss of meaning, nor for the consequences of any decision taken solely on the basis of a translated version. In the event of any doubt, it is the Partner's responsibility to refer to the French version or to contact Swigift before making any decision. Liability for intent or gross negligence as well as any mandatory liability under law (Art. 100 para. 1 CO) remains reserved.
16. Governing law and jurisdiction
These GTC are governed by Swiss law. The exclusive place of jurisdiction is Porrentruy (Jura), subject to mandatory jurisdictions. If any provision is held to be invalid, the remaining provisions shall remain in full force and effect (severability clause).