Terms and Conditions of Use
Terms and Conditions of Use (T&Cs) – version applicable as from its publication on the Website. Effective date: 1 August 2026. The website www.swigift.ch (the «Website») 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 provided in the Legal Notice.
1. Definitions
Swigift : the company identified above, operating the platform www.swigift.ch.
Site : the website www.swigift.ch and all of its features.
User any natural person of legal age and capable of discernment, or any legal entity, who accesses the Site or places an order thereon – the same definition applies in the terms and conditions of sale.
Partner any company that has entered into a partnership with Swigift to offer its services on the platform.
Services all the features of the Site, in particular the viewing of offers, the ordering and personalisation of Gift Vouchers and order tracking.
2. Purpose and hierarchy
These Terms and Conditions of Use define the conditions for accessing and using the Site and Services. Any order is additionally governed by the Terms and Conditions of Sale (TCS), which take precedence over the Terms and Conditions of Use regarding all matters relating to orders. The relationship between Swigift and its Partners is governed by the Partner Terms and Conditions. As part of its intermediation activity, Swigift is remunerated by a commission deducted from the gift vouchers sold, in accordance with the terms and conditions defined in the Partner Terms and Conditions.
3. Acceptance and modification
Any use of the Site implies full and unreserved acceptance of these ToS; Users who do not accept them are requested not to use the Site. Swigift may modify the Site, the Services and the ToS at any time; the new versions take effect as soon as they are published. Orders already confirmed remain governed by the Terms of Sale in force on the date they were confirmed.
4. Access to the Website and order tracking
The Site is in principle accessible 24/7, subject to maintenance operations, updates, technical interventions, cases of force majeure and interruptions beyond Swigift's control; uninterrupted access is not guaranteed. Placing an order does not require an account: tracking is carried out using the order number sent by email.
5. User Obligations
The User undertakes to use the Website in accordance with Swiss law and these Terms of Use, to provide accurate information, not to interfere with the operation of the Website, to respect the intellectual property rights of Swigift and its Partners, and to make fair use of the Services. The User remains solely responsible for their use of the Website.
6. Content transmitted by the User
When customising a Gift Voucher (message, photo), the User remains solely responsible for the content transmitted. They guarantee that it complies with applicable law, does not infringe the rights of third parties, and contains no defamatory, hateful, discriminatory, violent, pornographic or unlawful content. Swigift may refuse or remove any content that is manifestly contrary to these T&Cs.
7. Prohibited behaviour
In particular, it is prohibited to bypass the Site's security measures, to use it for fraudulent purposes, to reproduce Gift Vouchers, to falsify unique codes, to impersonate a third party, to use unauthorised bots or automated scripts, to disrupt the operation of the platform or to gain unauthorised access to Swigift's computer systems. Specifically prohibited are access to the Gift Voucher control tool reserved for Partners, its dissemination, and any attempt to check, mark as used or decrement a Gift Voucher without authorisation. Any behaviour likely to harm the Site, the Partners or other Users may result in the immediate blocking of access, without prejudice to civil and criminal proceedings.
8. Service Availability
Swigift implements reasonable means to ensure the proper functioning of the Site, without guaranteeing the absence of interruption, error, virus or malfunction, or permanent availability. Interruptions may occur without notice when necessary.
9. Intellectual property
All the elements making up the Site (texts, images, photographs, illustrations, logos, trademarks, graphics, videos, software, databases and other content) are protected by intellectual property. Unless prior written permission is granted, any total or partial reproduction, representation, distribution, modification, adaptation, extraction or exploitation is prohibited. The trademarks and logos of the Partners remain their exclusive property.
10. Links to third-party sites
The Site may contain links to third-party sites, provided for information purposes only. Swigift has no control over these sites and accepts no responsibility for their content, availability or practices. Access to these sites is the sole responsibility of the User.
Data protection
Swigift processes personal data in accordance with Swiss legislation (nFADP). The terms and conditions are set out in the Privacy Policy available on the Website, which the User acknowledges having read by using the Website.
12. Liability
Swigift is not liable for temporary interruptions of the Site, network failures, damage resulting from non-compliant use, cases of force majeure, or content transmitted by Users. To the extent permitted by applicable law, Swigift's liability is limited to direct damages resulting from a fault attributable to it. Liability for intent or gross negligence as well as any mandatory liability under law (Art. 100 para. 1 CO) remains reserved.
13. Language and translations
These Terms of Use are drawn up in French, which is the sole reference language. Any version in another language (German, English or other), whether resulting from human translation, an automated translation tool, the Site's language selector or the browser's 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, special conditions for Gift Vouchers, emails, vouchers and summaries) displayed or transmitted in another language. Swigift uses reasonable means to ensure the quality of the translations provided, without guaranteeing their accuracy, completeness or updating; it is not liable for any resulting errors, approximations or losses of meaning, nor for the consequences of a decision taken solely on the basis of a translated version. In the event of any doubt, it is the User'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.
14. Governing law and jurisdiction
These Terms of Use are governed by Swiss law. The place of jurisdiction is Porrentruy (Jura), subject to mandatory jurisdictions provided by law, notably regarding consumer protection (Articles 32 and 35 of the Swiss Civil Procedure Code).
15. Contact
For any questions regarding these T&Cs or the use of the Site, the User may contact Swigift using the contact details provided in the Legal Notice or via the Contact page.