HomeCONTRACT – PUBLIC OFFER

CONTRACT - PUBLIC OFFER
on the donation of money

The non-profit organisation SEEP, hereinafter referred to as SEEP, represented by its President Mr Alfred Schläpfer, acting on the basis of the Statutes, offers to any natural person (citizen) or legal entity, individual entrepreneur, hereinafter referred to as theContributor” who responds to this offer to conclude a Voluntary Donation Agreement (hereinafter referred to as the Agreement) on the following conditions

1. General provisions on the present proposal

1.1  This offer applies to donations via the website www.seep.ch in favour of the non-profit organisation SEEP Verein, Säumerstrasse 30, 8800 Thalwil, Switzerland in accordance with Swiss law (“SEEP”) and by private individuals or legal entities who make donations via the website www.seep.ch  (hereinafter the “Contributor”).

1.2 This offer is a public offer (hereinafter referred to as the “Offer”) in accordance with Swiss law, available at www. seep.ch. SEEP reserves the right to make any current changes to this offer.

1.3  The Offer shall be effective as from “10” June 2022 and shall be subject to mandatory publication (hereinafter referred to as “Publication”) at www.seep.ch.

1.4 Publication under the terms of this Agreement shall be made in one and/or more of the following ways

1.4.1 Publication of published information on the official website of SEEP and its partners (hereinafter referred to as the “Sites”), in particular on the websites located at the following address: www.seep.ch (hereinafter the “Site”);

1.4.2 Posting of published information at SEEP’s address (location), located at Säumerstrasse 30, 8800 Thalwil, Switzerland.

1.5  This Offer is open-ended and applies in the respective wording in effect at the time the donation is transferred.

1.6 The text of this Offer may be amended / supplemented by SEEP unilaterally without giving reasons and without giving prior notice to third parties, including the Contributors, of the decision taken.

The new version of the Offer shall be effective from the date of its publication, unless otherwise provided for in the decision to amend/add to the terms of the Offer.

1.7. SEEP has the right to cancel the Offer at any time without giving a reason and without giving prior notice of the decision to third parties, including the Contributors. In such a case, the last day of validity of the Offer shall be the day the notice of cancellation of the Offer is published on the Website, unless otherwise provided in the notice of cancellation of the Offer.

1.8. The invalidity of one or more conditions of the Offer does not result in the invalidity of all other conditions of the Offer.

1.9 By accepting the terms and conditions of this Agreement, the Donor acknowledges the voluntary and non-repayable nature of the donation.

2. Subject of the Contract

2.1 By accepting this Offer, the Donor shall voluntarily and without compensation donate their own funds (hereinafter referred to as the “donation”) to SEEP to achieve its statutory objectives, including the implementation of its projects and programmes.

2.2  The main purpose of SEEP is  to support refugees from Ukraine who have been forced to leave their country. We specialise in migration law, asylum issues and human rights. SEEP is a non-profit and not-for-profit organisation.

We use your donations to provide legal services, humanitarian aid and psychological support to refugees.

2.2.1 SEEP shall annually publish information about its work, its results and the purposes for which funds are used on its website and/or in other public sources.

2.3 Money transferred to SEEP by the Donor under the terms and conditions of the Agreement shall constitute a donation under Swiss law.

2.4  A donation made to a project or programme cannot be unilaterally cancelled (withdrawn) by the Contributor, except as expressly provided by law and this Offer.

2.5. SEEP shall be free to use the donation within the purposes of the association.

3. Conclusion of the Treaty

3.1 Any natural person (citizen) or legal entity or sole proprietor with legal capacity may accept this Offer and thereby enter into the Agreement with SEEP.

3.2 The Donor’s deposit of funds into the SEEP current account / SEEP account in the payment system by any of the methods stipulated in clause 4.3 of this Agreement constitutes the Donor’s consent to the terms and conditions of this Agreement (hereinafter Acceptance of Offer) and simultaneously confirms the voluntary and free-of-charge nature of the donation.

3.3 The date of acceptance of the Offer and, accordingly, the date of entering into the Agreement shall be the date when the donated amount of money is credited to the SEEP current account / SEEP account in the payment system.

3.4 The terms and conditions of the agreement with the Donor who has accepted the Offer shall be determined by the Offer as in force on the day when the Donor makes a donation to the SEEP account or on the day when the Donor issues a payment order, performs other actions, including by means of mobile communication to the relevant number, on the basis of which the bank or other organisation then transfers the donated funds to the SEEP current account.

3.5 The place of conclusion of the Contract shall be Zurich, Switzerland.

3.6 An agreement concluded in the manner provided for in this Article of the Offer shall be deemed to have been concluded in writing.

4. How to make a donation and how to spend it

4.1  The donor independently determines the amount of the donation and transfers it to SEEP under the terms and conditions of the Agreement by one of the payment methods specified in clause 4.3. of this Offer.

4.2  The donor shall not set a time limit for the use of the donation.

4.3  SEEP shall accept the following methods of payment

  • Credit cards: Mastercard, VISA, Postfinance (Card, E-Finance)
  • Bank transfer
  • TWINT

4.4  The data transmission is encrypted. SEEP itself does not store card data, your payment data goes directly through an external partner of PostFinance. Our service providers may only use the information to fulfil their duties and are obliged to comply with the Swiss privacy policy.

4.5  The donor shall send the funds to SEEP by one of the following methods of cash or non-cash payment

4.5.1 Direct transfer of a donation to the SEEP bank account specified in Article 9 of the Offer, including payment by a legal entity or individual entrepreneur via a payment order, bank transfer by a citizen directly through the operating cash desk of the donor’s bank, payment in the donor’s personal account on the donor‘s bank website, withdrawal of funds from the bank card of the donor, etc;

4.5.2 Transferring a donation via electronic payment systems and other payment agents, incl. those represented on the SEEP website, with or without intermediate crediting of the donation amount to the SEEP account in the payment system;

4.5.3 Donation to special cash collection boxes.

4.6  Correcting input errors

4.6.1 Entry errors when manually entering the donation amount must be corrected within 7 days of their posting. The opportunity to correct entry errors ceases one year after the donation has been made. Corrections must be sent in writing to SEEP Verein, Säumerstrasse 30, 8800 Thalwil, Switzerland, or by e-mail to info@seep.ch.

4.7  When making a donation, the Donor may, subject to the provisions of this Agreement, independently determine the purpose for which the funds transferred by the Donor shall be used by SEEP.

4.8  Regardless of the payment method chosen by the contributor, the contributor may specify the project or programme to which the donation is being made when making the transfer.

5. Taxes and charges

5.1 Under current Swiss tax law, SEEP donations may be tax deductible under certain conditions.

5.2  However, SEEP does not guarantee the possibility of deducting all or part of the donation amount from taxes. Failure to deduct does not entitle SEEP to reimbursement of the donation amount.

5.3   For donation amounts over 20 francs, the Donor receives confirmation of the donation from SEEP by automatically sending a confirmation email.

5.4  If, contrary to expectations, the donation causes taxes or charges to be incurred by the Donor, these shall be borne by the Donor.

6. Rights and obligations of the Parties

6.1  SEEP shall be obliged to post on the Website accurate and up-to-date information about active projects and programmes and their authors (with the consent of the authors).

6.2  Donations made to SEEP under the Agreement shall be spent by SEEP strictly in accordance with the applicable Swiss law, the Statutes of SEEP, the provisions of this Agreement, and the purpose of the donation communicated by the Donor when making the payment.

6.3 Donations made by a Donor with an incorrect or indistinguishable (impossible to ascertain) purpose of payment shall be accepted by SEEP as donations for the statutory purposes of SEEP.

6.4  SEEP undertakes to use the donations received from the Donor in strict accordance with its statutory activities, existing projects and programmes and subject to the provisions of this Agreement and the requirements of applicable Swiss law.

6.5  The Donor consents and grants SEEP the right to collect, process and store personal data used solely for the performance of this Agreement. SEEP undertakes not to disclose to third parties the personal and contact information of the Donor without his or her written consent, except in cases where

6.5.1. the lawful demand of this information by public authorities having the power to demand such information;

6.5.2 Providing personal data to operators of electronic payment systems that transfer funds to the bank account of SEEP.

6.6   A donation received from a Contributor, due to the closure of the need, will be spent in full according to the purpose of the donation as specified by the Contributor and will not be returned to the Contributor.

6.7   SEEP shall notify the Contributor of ongoing projects and programmes by posting information on the Website, by electronic mailings, by phone calls and by other available means.

6.8   At the request of a Contributor (by e-mail or letter), SEEP shall provide the Contributor with information about the donations made by the Contributor.

6.9   SEEP shall have no obligations to the Donor other than those specified in this Agreement.

7. Applicable law, country of jurisdiction and other conditions

7.1 In the event of disputes and disagreements between SEEP and the Grantor under the Agreement, the disputes shall be resolved by negotiation whenever possible. If the dispute cannot be resolved by negotiation, the dispute shall be referred to a court of law.

7.2 Jurisdiction for all claims relating to donations is exclusively Zurich, Switzerland. The provisions of Swiss law are exclusively applicable. The application of conflict of laws rules is excluded.

7.3  SEEP shall have no obligations towards the Donor other than those set out in this Agreement and those established by applicable Swiss law for similar relationships.

7.4 The invalidity of individual provisions shall not affect the remaining effectiveness of these Terms and Conditions.

8. Privacy

8.1  Data necessary for the conduct of business shall be stored in accordance with applicable regulations. For more information on the processing of your data, see.  Privacy and Personal Data Processing Policy (link).

8.2 The donor is entitled at any time to free information, correction, blocking and, if necessary, deletion of their saved data. Please contact us by email at info@seep.ch or send us your wishes by post.

9. Bank account details

Donations in CHF

IBAN:

CH73 0900 0000 1588 9065 2

BIC:

POFICHBEXXX

Beneficiary:

SEEP Verein

Purpose of payment:

Spende

Country:

Switzerland

Name of bank:

PostFinance AG

Address of the bank:

Mingerstrasse 20, 3030 Bern

Donations in EUR

IBAN:

CH22 0900 0000 1588 9069 7

BIC:

POFICHBEXXX

Beneficiary:

SEEP Verein

Purpose of payment:

Spende

Country:

Switzerland

Name of bank:

PostFinance AG

Address of the bank:

Mingerstrasse 20, 3030 Bern

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