General Terms and Conditions

of

Atento Technologies Germany GmbH („Atento”)

1. Contractual object; Contractual partner
  1. These General Terms and Conditions ("GTC") apply to the sale of vouchers by Atento. The sold vouchers are either issued by Atento itself ("Atento Vouchers") or they are vouchers issued by a third party ("Provider Vouchers"). The sale of Atento Vouchers and Provider Vouchers by Atento is done via the Atento website via third party websites. 
  2. Your purchase agreement is concluded with Atento Technologies Germany GmbH, Rheinsberger Straße 76/77, 10115 Berlin, Tel.: +4930-12059369, E-Mail: kontakt@atento.me; Internet:https://atento.me/
  3. Conclusion of Contract
    1. The contract is concluded when Atento accepts the purchase offer you make when ordering. The presentation of the vouchers or goods and services that may be obtained with the voucher on the Atento website or on the websites of third parties does not constitute a legally binding offer by Atento. All your entries are displayed in an order overview before the binding order is placed and can be corrected by you. Only by clicking the "Buy" button do you place a binding order for the vouchers contained in the shopping cart. You will receive a confirmation of the receipt of your order by e-mail. The e-mail does not yet constitute the acceptance of the contract. We accept the contract by separate email or by sending the voucher. 
    2. Atento will save the text of the contract and send you the order data and the GTC as PDF by e-mail. The GTC can also be viewed, printed and saved on the Atento website. 
    3. The contract language is German or English depending on the language in which the vouchers are offered to the customer.
  4. Vouchers; Redemption
    1. Atento Vouchers embody a right granted by Atento to receive services. They can be redeemed on the Atento website. The Atento website offers the possibility to choose from a variety of Provider Vouchers and use an Atento Voucher to purchase a Provider Voucher.Atento Voucher may come with a suggestion for which Provider Voucher to use them. The customer, however, may deviate from the suggestion. Atento Vouchers are valid for three years starting at the end of the year in which they were purchased. 
    2. Provider Vouchers embody a right to receive services granted by the respective third-party provider. With regard to the right embodied in the Provider Voucher, the redemption conditions of the respective provider ("Provider Conditions") shall apply (including any limitation periods for redeeming the Provider Voucher). If no Provider Terms and Conditions are specified, the voucher is valid for as long as specified in the order process. Provider Vouchers can only be redeemed at the provider. At the Provider, the voucher must be presented as physically or digitally for the Provider to be able to scan the QR code or to submit the code to be able to validate and redeem the voucher.
    3. As regards Provider Vouchers, Atento does not provide the services to the customer for which the voucher may be redeemed, nor shall Atento be liable for the proper provision of any services by the provider. Atento shall also not be liable for the provider's capabilities and solvency. 
    4. An extension of the validity of the voucher or a blocking of delivered vouchers is not possible. An exchange in money is excluded.
    5. A partial redemption of a voucher is possible if the Provider agrees. In this case, any remaining value of the voucher may be redeemed at a later point in time provided that the voucher has not expired. 
  5. Delivery Terms
    1. Vouchers are either delivered in physical form or provided in digital form depending on your order. The delivery of physical vouchers to a P.O. box address or packing station is not possible. The delivery time for physical vouchers is up to four working days from the date of the order order. Digital vouchers will be made available immediately for printing or downloading and sent immediately to the e-mail address provided by the purchaser.
    2. Data communication via the Internet cannot always be guaranteed to be error-free and/or available according to the current state of technology. Therefore, Atento shall not be liable for the uninterrupted availability of the Atento website nor for the timely delivery of e-mails. 
  6. Terms of Payment
    1. All prices are total prices and are understood to include the applicable VAT. Any additional costs that may be incurred for postal shipping are indicated separately.
    2. To hedge the credit risk, Atento reserves the right to exclude certain payment methods as the case may be. 
    3. Payment is due upon conclusion of the contract. 
  7. Data Protection

If Atento processes personal data, our privacy policy applies. The current version can be found at https://app.atento.me/privacy_policy

  1. Information on the Existence or Non-existence of a Right of Cancellation

If you are a consumer, you are entitled to a right of cancellation in accordance with the following regulations. If the contract is about the delivery of goods (e.g. postal dispatch of a paper voucher), clause 7.1 shall apply; if the contract is about the delivery of digital content not contained on a physical data carrier (digital voucher), clause 7.2shall apply. 7.3 provides you with a sample cancellation form.

  • Cancellation policy (goods)

Right of cancellation

You have the right to cancel this contract within fourteen days without stating reasons.

The cancellation period is fourteen days from the day of the event, 

  • at which you or a third party designated by you, other than the carrier, have taken possession of the goods, if you have ordered one or more goods in a single order and the goods are delivered in a single consignment


  • where you or a third party designated by you, other than the carrier, have taken possession of the last goods, if you have ordered several goods in a single order and the goods are delivered separately.

In order to exercise your right of cancellation, you must inform us (Atento Technologies Germany GmbH, Rheinsberger Straße 76/77, 10115 Berlin, phone: +4930-12059369, e-mail: support@atento.com, by means of a clear statement (e.g. a letter sent by mail, or by e-mail) of your decision to cancel this contract. You may use the attached model cancellation form, which is however not mandatory.

To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period.

Implications of cancellation

If you cancel this agreement, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery from the cheapest standard delivery offered by us), immediately and at the latest within fourteen days of the day on which we receive notification of your cancellation of this agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this refund. We may refuse to refund until we have received the goods or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract. This deadline shall be deemed to have been met if you send the goods before the expiry of the fourteen-day period. We shall bear the costs of returning the goods. You shall only be liable for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary for testing the condition, properties and functionality of the goods.

End of the cancellation policy.

  1. Cancellation Policy (digital content that is not delivered on a physical data carrier)

Right of cancellation

You have the right to cancel this contract within fourteen days without stating reasons. 

The cancellation period is fourteen days from the date of conclusion of the contract.

In order to exercise your right of cancellation, you must inform us Atento Technologies Germany GmbH, Rheinsberger Straße 76/77, 10115 Berlin, Germany, phone: +49 30 66 77 12 33, e-mail: support@atento.com; by means of a clear statement (e.g. a letter or e-mail sent by mail) of your decision to cancel this contract. You may use the attached model cancellation form for this purpose, but this is however not mandatory.

In order to comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period.

Implications of cancellation

If you cancel this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery from the cheapest standard delivery offered by us), immediately and at the latest within fourteen days of the day on which we receive notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this refund.

End of the cancellation policy.

In the following cases you cannot revoke your contractual declaration:

The right of cancellation shall expire for a contract for the delivery of digital content that is not on a physical medium even if Atento has started to execute the contract after you have expressly agreed that Atento shall start executing the contract before the end of the cancellation period and have confirmed that you know that you will lose your right of cancellation by giving your consent to start executing the contract.

  1. Model Cancellation Form

If you want to cancel the contract, please fill out this form and send it back:

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–   Atento Technologies Germany GmbH, Rheinsberger Straße 76/77, 10115 Berlin,

E-Mail: support@atento.com


–   I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*): ________________________________________________

- Ordered on (*)/received on (*): _____________________________________________

- Name of the consumer(s): _____________________________________________

- Address of the consumer(s): ___________________________________________


____________________________________________________

Signature of the consumer(s) (only for paper notification) 

__________

Date

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(*) Delete as applicable.


  1. Warranty / Liability
    1. Atento shall be fully liable to you for intent and gross negligence. For other ordinary negligent actions, Atento shall be liable only for


-      personal injury,

-      damages for which Atento is liable due to mandatory legal regulations (especially product liability law), as well as

-      damages due to the violation of essential obligations which endanger the achievement of the purpose of this contract or the fulfilment of which makes the proper execution of this contract possible in the first place and on which the contractual partner may regularly rely ("cardinal duties").


In case of violation of cardinal duties, liability for simple negligence on the part of Atento shall be limited to damages that are typical for the contract and foreseeable at the time of contract conclusion.

  1. Complaints / Alternative Dispute Resolution
    1. In case of complaints or general questions regarding the order, please contact Atento Customer Support. You can reach Customer Support by e-mail at support@atento.me or by calling the following phone number: +49 30 66 77 12 33 (Monday-Friday from 09:00 am to 06:00 pm).
    2. The European Union has established an online platform for the extrajudicial settlement of consumer disputes, which you can reach at http://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer dispute resolution board.
  2. Applicable Law and place of jurisdiction
    1. German law applies exclusively, excluding the UN Convention on the international sale of goods.
    2. If the customer is a merchant, a legal entity under public law or a special fund under public law, Berlin shall be the place of jurisdiction for all disputes arising from or in connection with these General Terms and Conditions.