Terms & Conditions

1. General
1.1. These Terms of Use govern the use of the website and related services (“Offer”) offered by Atento Technologies Germany GmbH, c / o Factory Works GmbH, Rheinsberger Strasse 76/77, 10115 Berlin (“Atento” or “we”).
1.2. We do not recognize the terms and conditions of our users deviating from these Terms of Use, unless we expressly agree to their validity in writing.
1.3. These Terms of Use are as set forth above. Atento reserves the right to change conditions on an ongoing basis. Within existing contractual relationships, this is done by sending a text message (by e-mail or as part of the user account) with a lead time of six weeks. The new terms are considered accepted if the user does not object to their validity within two weeks of receiving the new version.
1.4. The current version of the Terms of Use is
available at https://web.atento.me/terms.
2. Conclusion of contract
2.1. With regard to vouchers to be purchased, a sales contract is concluded exclusively between the respective user as the buyer and the respective provider as the seller. The purchase contracts are brokered by Atento on behalf of the respective provider. The information on the website does not constitute binding offers.
2.2. You can submit a binding offer regarding the purchase of a voucher by clicking on the button “Buy voucher”.
2.3. Upon receipt of the contract offer, you will receive an automatically generated e-mail confirming that we have received your order (acknowledgment of receipt). This confirmation of receipt does not constitute acceptance of your contract offer.
2.4. A purchase contract for the respective voucher is only concluded when we expressly declare the acceptance of the contract offer for the provider or send a corresponding voucher.
2.5. These Terms of Use are accepted by using the offer.
3. Voucher
3.1. After successful purchase and receipt of payment, the gift certificate will be sent to the specified recipient via the shipping method selected by you (by e-mail, by post or other methods of delivery offered by Atento).
3.2. To identify the voucher it is provided with a coupon code and an issue date. To redeem the voucher, the coupon code and the date of issue (ideally as a printout or on a mobile device) must be presented to the provider. Only upon presentation of the identification features and successful validation by the provider, it is possible to redeem the voucher.
3.3. Further details can be found in the terms and conditions of the respective provider. In particular, it is solely at the discretion of the provider whether unused amounts are reimbursed by him or remain as a remaining balance on the voucher.
3.4. The voucher is transferable. Copying, editing or manipulating the vouchers is not permitted.
3.5. Unless otherwise noted on the gift certificate, the voucher is valid for three (3) years from the end of the purchase year.
4. Warranty and liability
4.1. Atento only takes over the mediation of the coupon purchase and therefore has sole influence on the shipping of the coupon to the respective shipping address. For the actual receipt of the voucher we assume no liability.
4.2. Warranty rights in relation to the value of the voucher and the goods and services purchased with it are solely directed against the provider. Atento assumes no warranty and is not liable to the purchaser of a voucher, in particular for breaches of duty by the provider or in the event of insolvency of the provider.
4.3. The data communication via the Internet can not be guaranteed error-free and / or not available at all times according to the current state of the art. Atento is therefore not liable for the uninterrupted availability of the Atento system and the timeliness of sending or delivering e-mails.
4.4. Atento is liable without any contractual restriction only for damages of the user:
a. which are based on an intentional or grossly negligent breach of duty by Atento or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent on Atento,
b. from the injury of life, body or health, which are based on a negligent breach of duty by Atento or a willful or negligent breach of duty by a legal representative or vicarious agent of Atento, and
c. in the context of the liability according to the regulations of the product liability law, the user granted guarantees or because of fraudulent deception on the part of Atento.
4.5. For damages based on a slightly negligent breach of a material obligation, the liability of Atento shall be limited in amount to the damage which is foreseeable and typical according to the nature of the business in question. Essential are obligations whose breach endangers the achievement of the purpose of the contract or the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance you regularly rely.
4.6. A further liability of Atento is excluded.
4.7. Insofar as the liability of Atento is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
4.8. The above exclusions and limitations do not change the statutory burden of proof.
5. Payment and Remuneration
5.1. The services of Atento are free of charge for you.
5.2. The processing of the payment of ordered vouchers via Atento in their own name for the account of the respective provider. They perform with debt-discharging effect within the framework of the respectively offered payment system.
5.3. In the event of the repayment of a payment, Atento shall be entitled to charge the costs incurred by the Buyer.
6. Additional obligations of the user
6.1. Insofar as you have opened a user account with Atento, you are obliged to handle your access data carefully and to prevent access by third parties.
6.2. You may not systematically extract or reuse parts of the offer without the express written consent of Atento. In particular, no data collection and extraction programs (especially data mining) may be used to reproduce material parts of the offer.
6.3. You release us from all claims arising from improper or illegal use of the offer by you.
7. Privacy
As far as personal data is processed, our privacy policy applies. It is available in its current version at https://web.atento.me/datenschutz.
7.1 Payment Processing provided by Stripe.
The Strip Privacy policy can be viewed here:
https://stripe.com/us/privacy
8. Final provisions
8.1. All agreements deviating from these terms and conditions must be in writing in order to be effective. This also applies to a possible waiver of the here regulated form requirement.
8.2. These Terms of Use and any dispute arising out of or in connection with these Terms of Use shall be governed by German law, excluding the UN Sales Convention.
8.3. The exclusive place of jurisdiction for all disputes arising out of or in connection with these terms of use is Berlin, insofar as the customer is a merchant, a legal entity under public law or a public-law special fund.
8.4. Should individual provisions of these Terms of Use be or become invalid in whole or in part, the provisions remain in effect. The ineffective provision is replaced by a provision which comes closest to the meaning and purpose of the invalid provision. This applies accordingly if supplements must be made within a regulation or if a gap that has arisen must be closed.

Atento Version 1 1.10.2018