Terms and Conditions

1. Operator Information

Sendy is operated by:

BühlerTechUnit
Switzerland
Email: support@sendy.gift

Sendy is the contracting party and seller of record for all purchases made through the platform.

2. Scope of Service

Sendy operates an online platform that allows individuals ("Recipients") to create wishlists. Third parties ("Gift Contributors") may fund the purchase of items listed on such wishlists.

When a Gift Contributor completes payment:

• A purchase contract is formed between the Gift Contributor and Sendy.
• Sendy procures the selected item from third-party suppliers.
• Sendy arranges shipment to the designated Recipient.

Sendy is not a peer-to-peer marketplace. Users do not transact directly with each other.

3. Definitions

• Gift Contributor - The person who purchases an item through Sendy.
• Recipient - The individual designated to receive delivery of the item.
• Platform - The Sendy website and related services.

4. Eligibility

Users must:

• Be at least 18 years old
• Have legal capacity to enter into binding contracts
• Provide accurate and complete information

Sendy reserves the right to suspend or terminate accounts that provide false information.

5. Contract Formation

A binding purchase contract is formed once:

• Payment is successfully processed, and
• Sendy confirms the order.

The Recipient is not a party to the purchase contract but acts as a third-party delivery beneficiary.

6. Pricing and Taxes

• All prices are displayed in the currency selected at checkout.
• Depending on the location of the Gift Contributor, applicable VAT, sales tax, or similar taxes may be added.
• Sendy may collect taxes where legally required.
• Import duties and customs charges are not included unless explicitly stated.
• The Recipient is responsible for any import duties, customs fees, or local taxes imposed by the destination country.

7. Right of Withdrawal (EU Consumers)

If the Gift Contributor is a consumer residing in the European Union:

• They have a statutory right to withdraw within 14 days from contract conclusion.
• This right may expire early if the Gift Contributor explicitly consents to immediate procurement of the item and acknowledges that such consent may waive the withdrawal right once performance has begun.

If procurement has not yet begun, withdrawal may be exercised by written notice to support@sendy.gift.

Refunds are processed within 14 days of confirmed withdrawal.

8. Cancellation Policy (Non-EU Customers)

Cancellation is permitted only before Sendy places the supplier order.

Once procurement has begun, cancellation is no longer possible except where required by mandatory law.

9. Product Availability

All items are sourced from third-party suppliers.

Sendy does not guarantee continuous product availability, price stability, or supplier inventory levels.

If an item becomes unavailable after payment, Sendy may offer a comparable substitute or provide a refund.

10. Delivery

Delivery times are estimates only.

Sendy is not liable for delays caused by suppliers, shipping carriers, customs authorities, or force majeure events.

Risk transfers to the Recipient upon delivery to the provided address.

The Gift Contributor and Recipient are responsible for ensuring accurate delivery information.

11. Defects and Warranty

If a delivered item is defective, the Recipient must notify Sendy within 7 days of delivery.

Sendy will assess the issue and may replace the item, offer repair, provide refund, or coordinate manufacturer warranty.

Warranty rights are subject to applicable law and supplier conditions.

12. Prohibited Items

Sendy reserves the right to refuse procurement of illegal goods, weapons, controlled substances, regulated medical devices, non-compliant electronics, or any item violating applicable laws.

Sendy may remove any wishlist item at its discretion.

13. Fraud and Chargebacks

Sendy reserves the right to delay shipment pending fraud review, require identity verification for high-value transactions, and suspend accounts suspected of abuse.

Fraudulent chargebacks may result in account termination, legal recovery proceedings, and reporting to relevant authorities.

14. Limitation of Liability

To the maximum extent permitted by law, Sendy's liability is limited to the purchase price of the item concerned.

Sendy is not liable for indirect or consequential damages, emotional dissatisfaction, third-party supplier failures, losses resulting from customs delays, or platform downtime.

Nothing in these Terms limits liability where such limitation is prohibited by law.

15. Intellectual Property

All platform content, branding, software, and design elements are the property of Sendy.

Users grant Sendy a non-exclusive, worldwide license to display and use uploaded content solely for operating the platform.

16. Data Protection

Sendy processes personal data in accordance with the Swiss Federal Act on Data Protection (FADP), EU GDPR (where applicable), and other mandatory data protection laws.

Details are provided in the Privacy Policy.

17. Governing Law

These Terms are governed by Swiss law.

If the Gift Contributor is a consumer residing outside Switzerland, mandatory consumer protection laws of the customer's country may apply in addition to Swiss law.

Exclusive jurisdiction is [Canton, Switzerland], unless mandatory consumer law provides otherwise.

18. Amendments

Sendy may update these Terms at any time.

Continued use of the Platform constitutes acceptance of the revised Terms.

19. Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect.