Terms and Conditions

1. Scope

These terms apply to all contracts about Wichtli between the operator [to follow] («we») and its customers. Wichtli is a brand of the operator; the operator is the contracting party and invoice issuer.

Wichtli serves businesses and other organisations only («customer»). Company name and UID or VAT ID are mandatory when ordering. Consumers cannot enter into contracts.

These terms prevail over the customer's terms. Part of the contract are: annex 1 data processing agreement (DPA), annex 2 technical and organisational measures (TOMs, in the DPA), annex 3 sub-processors.

The terms exist in German and English. If they differ, the German version prevails.

2. Contract formation

The order in checkout is the customer's offer. Before sending, the customer reviews and corrects its details on a summary step. By sending, the person ordering confirms they are authorised to bind the customer and accepts these terms and the DPA.

The contract is formed by our order confirmation email, which we send immediately. One order covers one Wichtli round (one Secret Santa event per season).

Before ordering, the customer can download a quote as a PDF; it is valid for 14 days.

3. Services

We provide the Wichtli software for one round: invitation, voluntary sign-up, draw, anonymous chat, Advent calendar, reveal and report, as described on the website. Ordered extras (e.g. gift credit, digital and printed items) are provided by us or by the listed sub-processors.

Taking part is voluntary for employees. People who do not accept are not drawn; declines are reported to no one.

4. Prices and payment

The net prices in CHF (or EUR where offered) shown at ordering apply: a flat fee per round (CHF 79.00 / EUR 84.00) and a graduated price per seat. Each rate applies only to the seats in its band: seats 1–20 CHF 6.00 / EUR 6.40, seats 21–100 CHF 4.50 / EUR 4.80, seats 101–500 CHF 3.00 / EUR 3.20, from seat 501 CHF 2.50 / EUR 2.70. Extras are charged at the price when ordered. Price changes apply to future orders only.

The operator is not VAT-registered; no Swiss VAT is charged. If the VAT status changes, the confirmed order price applies to the running round.

Payment by card (Stripe Checkout) or, for every order from CHF 200.00 / EUR 210.00, by invoice. Payment term is 30 days; we print the customer's PO or reference number on the invoice.

Invitations, draw and release never wait for an invoice within its payment term. After the due date we send reminders 3 and 10 days after the due date. Only 20 days after the due date may we pause the service, and never between draw and reveal. Gift credit paid by invoice can be spent on physical items only once the invoice is paid; the base service, including e-cards and GIFs (free for participants), is never blocked. Default interest is 5% (Art. 104 OR).

5. Cancellation and credits

• Until the invitations are sent: full refund.
• After the invitations are sent and before the draw: refund of the per-seat fee for everyone who has not joined.
• After the draw the flat fee and seats are not refundable (the service is performed).
• Seats and gift credit of people who did not join are credited at the draw, starting from the highest seat; with an open invoice as a credit note against it.
• Unused gift credit of participants is refunded 100% (no deduction) to the original payment method or by bank transfer, by 15 January 2027 at the latest.
• Physical extras: refund only for defects or non-delivery. Digital surprises (e-card, GIF) are free for participants; there is nothing to refund.
• Other refunds are made within 14 days via Stripe or by bank transfer.

6. Customer duties

The customer invites only people it may lawfully invite, gives accurate data and, where required (Germany), involves the works council. It ensures participants send no unlawful content.

Anonymity ends with abuse: every message can be reported. We review only reported messages, and only the reported message. We name the sender only on written request of the HR contact named in the round after a report (logged). We may delete unlawful content and warn or suspend participants. Authorities receive information only on a valid legal order.

7. Availability

We target 99.5% monthly availability, excluding maintenance windows and third-party outages. In peak season, 1 to 24 December, service is best effort with a support reaction time of 24 hours on business days. If availability falls below the target, the customer receives a credit of 5% of the round fee per full percentage point, at most 25%; this is the sole remedy for unavailability, except liability for intent and gross negligence (section 9).

8. Warranty

The software is provided as is within the described features; we fix defects within a reasonable time. The customer or recipient inspects physical goods on receipt and reports defects immediately (Art. 201 OR); the warranty period is 12 months from delivery. Fraudulently concealed defects (Art. 199 OR) and liability under section 9 remain reserved.

9. Liability

We are liable without limit for intent and gross negligence (Art. 100 OR) and for injury to life, body or health. For slight negligence we are liable only for breach of essential contractual duties and only for foreseeable, typical damage; otherwise liability for slight negligence is excluded. Where we are liable for slight negligence, liability for indirect damage and lost profit is excluded and liability is capped at the fees paid in the last 12 months; this does not apply to injury to life, body or health. We are not liable for acts of participants or for gift contents beyond our partners' warranty.

10. Physical goods and delivery

• The recipient enters the delivery address in the app. Delivery is by our partners or Swiss Post; risk passes on handover to the carrier.
• Delivery time is stated per item. Delivery before the reveal is promised only if the order arrives at least 12 working days before the reveal date (cut-off R − 12).
• Undeliverable parcels are re-sent once at the customer's cost.
• Unused goods can be returned within 14 days of receipt as a contractual return right (no statutory withdrawal right, B2B); shipping at the customer's cost unless defective.
• Goods remain our property until paid in full.
• Home delivery initially only to Switzerland and Liechtenstein.

11. Donations

The option «Donate instead of gifting» is offered only once at least one named ZEWO-certified charity is configured. Donated credit is forwarded 100% to the named charity by 31 January; the handling fee is invoiced to the customer separately; the donation receipt is issued to the customer. If the charity refuses or cannot accept the donation, we refund the amount to the customer as unused gift credit.

12. Data protection

The customer is the controller of participant data; we process it on its behalf under the DPA. Our privacy policy applies to the customer's order and contact data.

We occasionally tell the customer about Wichtli offers; unsubscribe any time via the link. Participants never receive advertising.

13. Intellectual property

The customer and participants keep the rights to their content and grant us the right to display it in the round. Software, templates and designs remain ours.

14. Term

The contract runs for the ordered round. We delete participant data on 31 January after the season unless the customer exports it earlier (exceptions in the privacy policy). Termination for good cause remains possible. The Wichtli-Abo shows next year's price up front; there is no automatic charge: it renews only when an admin confirms it with a click.

15. Governing law and jurisdiction

Swiss law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Exclusive place of jurisdiction is Zurich, also for customers in Germany and Austria.

16. Changes

We announce changes to these terms for running subscriptions by email 30 days ahead. New orders always fall under the current terms. Questions: hello@wichtli.ch.