Terms and conditions
§ 1 Scope
The following terms and conditions apply to contracts that you conclude with us, MyCityHighlight AG, Talgut-Zentrum 7, 3063 Ittigen (Switzerland), provider via our website www.detektiv-trails.ch. Deviating general terms and conditions of the customer are not recognized unless the provider expressly agrees to their validity in writing.
The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to their commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or legally capable partnership who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.
§ 2 Conclusion of the Contract
An order is only possible with a customer account. If the customer does not yet have a customer account with MyCityHighlight AG, it will be automatically created for the customer after the order. Communication takes place via email. This customer account is used for processing orders and providing our services. All products from MyCityHighlight (www.mycityhighlight.com) can be ordered and played through this customer account.
After the order, a customer account is created that can be used on all websites and platforms of MyCityHighlight AG (headquarters: Ittigen, Switzerland) and MyCityHighlight Europe GmbH (headquarters: Hamburg, Germany). This allows our customers to log in with the same credentials on all associated websites and simplifies the ordering and management process. Users have the option to delete their customer account independently at any time. The corresponding option is located in the account under the ‘Information’ tab. In addition to the Detective Trails (treasure hunt with Detective Badger), MyCityHighlight also offers the Crime Trails (www.krimi-trails.com), the outdoor escape challenge Find-the-Code (www.find-the-code.com), and the scavenger hunt Finding-Daniel (www.finding-daniel.com). For more information, see the privacy policy.
§ 3 Delivery and Availability of Goods
The delivery of documents such as the treasure maps of the Detective Trails, Home-Trails, printable mystery crime stories, detective IDs, etc., takes place immediately after payment by uploading the documents to your account or via download link for vouchers. Unfortunately, exchange or return is not possible for digital content (see right of withdrawal).
Physical products (shipping only within Switzerland and the Principality of Liechtenstein): Pickup on site: Physical items can only be picked up in Ittigen at the main location of MyCityHighlight AG and not at any external sales point/partner organization. Shipping: Items are delivered within 3-5 working days. For the delivery of physical products, we charge you the following packaging and shipping costs for Switzerland:
- Book, mystery crime stories (up to 3 pieces), riddle booklets (up to 5 pieces of the collection or 10 pieces of riddle booklets No. 1-4), products/fan articles with a height <2cm: CHF 3.00
- Plush toy, card game, team kit, products/fan articles with a height >2cm, combo package or multiple books/mystery crime stories (from 4 pieces), riddle booklets (from 6 pieces of the collection or from 11 pieces of riddle booklets No. 1-4): CHF 9.50
Delivery is at the recipient’s risk. For inquiries, please contact hc.sliart-vitketed@ofni.
MyCityHighlight AG does not assume any guarantee for damages and defects in the goods that occur after or as a result of the use of the goods. Defective, unused goods will of course be exchanged. MyCityHighlight AG is not liable for damages resulting from the use of the goods.
§ 4 Prices
All prices stated on the provider’s website for the Crime Trails and vouchers in the chosen amount are in Swiss francs (CHF) including the applicable statutory VAT. The provider reserves the right to adjust prices at any time without notice.
§ 5 Payment Methods
(1) The customer can make the payment via Paypal, Twint, Postfinance or credit card. Payments are processed via the payment service provider Payrexx. The payment recipient is MyCityHighlight AG.
(2) The payment of the purchase price is due immediately upon the customer’s order.
(3) Payment is generally only possible online. In exceptional cases (e.g., if an organization does not have a company credit card), a (pre-)payment on invoice is also possible for a fee of CHF 10.-. However, the order must be placed at least five working days before the desired delivery or game date.
§ 6 Warranty for Defects, Guarantee
The provider is liable for defects in accordance with the applicable statutory provisions.
For entrepreneurs, the warranty period for items delivered by the provider is 12 months. The above limitation does not apply to claims for damages by the customer arising from injury to life, body, health, other damages caused by gross negligence, if the provider has fraudulently concealed the defect and/or has given a guarantee for the quality of the item.
A guarantee exists for the Detective Trails sent by the provider only if this has been expressly given in the order confirmation for the respective item.
§ 7 Liability
Claims for damages by the customer are excluded. Excluded from this are claims for damages by the customer arising from injury to life, body, health, or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages resulting from an intentional or grossly negligent breach of duty by the provider, its legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.
In the event of a breach of essential contractual obligations, the provider is only liable for the foreseeable, contract-typical damage if this was caused by simple negligence, unless it concerns claims for damages by the customer arising from injury to life, body, or health.
The limitations of paragraphs 1 and 2 also apply in favor of the provider’s legal representatives and vicarious agents if claims are asserted directly against them.
The limitations of liability resulting from paragraphs 1 and 2 do not apply if the provider has fraudulently concealed the defect or has given a guarantee for the quality of the item. The same applies if the provider and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.
§ 8 Right of Withdrawal
Consumers have a statutory right of withdrawal when concluding a distance selling transaction. The right of withdrawal expires prematurely if the provider has started to perform the service after the customer has given their explicit consent and confirmed that they lose their right of withdrawal with the start of the performance of the contract.
You have the right to withdraw from this contract within seven days from the day of the order without giving any reasons. Excluded from this are products or documents (e.g., Detective Trail files) that have been sent or made accessible online.
To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (by letter sent by post or email). To meet the withdrawal deadline, it is sufficient to send your notification of the exercise of the right of withdrawal before the withdrawal period has expired.
If you withdraw from this contract, we will reimburse all payments we have received from you (including delivery costs) without delay and at the latest within fourteen days from the day we receive the notification of your withdrawal from this contract. The prerequisite for the refund is the return of the ordered items.
Place of jurisdiction: Bern.
§ 9 Final Provisions
Contracts between the provider and the customers are governed by the law of the Swiss Confederation, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the limitation of the choice of law and the applicability of mandatory provisions, particularly of the state in which the customer as a consumer has their habitual residence, remain unaffected.
If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider’s registered office.
Changes or additions to these terms and conditions must be made in writing. This also applies to the waiver of this written form requirement.
If individual provisions of this agreement are wholly or partially invalid or ineffective, this does not affect the validity of the remaining provisions. The statutory provisions replace the invalid or ineffective provisions. If such statutory provisions are not available in the respective case (regulatory gap) or lead to an unacceptable result, the parties will enter into negotiations to agree on an effective provision that comes as close as possible to the invalid or ineffective provision economically.
