General Terms and Conditions

Scope

These General Terms and Conditions (GTC) apply to the use of the Dropshop app operated by Brauerei Locher AG as well as to participation in the loyalty programme integrated therein.

The Dropshop app enables registered users in particular to collect Drops, to redeem Drops for rewards, vouchers or other benefits, to access news and promotions, to participate in games, special offers and competitions, and to use other features offered in the app.

These GTC apply to all current and future features of the Dropshop app, insofar as no supplementary or deviating terms and conditions apply to individual offers, promotions, games, competitions, rewards, vouchers or additional features.

By registering, accessing the app or using individual features, users confirm that they have read and accepted these GTC.

Provider

The provider of the Dropshop app and organiser of the loyalty programme is:

Brauerei Locher AG
Brauereiplatz 1
9050 Appenzell
Switzerland

Support requests can be submitted using the support features provided in the app or by email to dropshop@brauereilocher.ch.

Brauerei Locher AG may involve third parties for the operation of the app, individual features or the loyalty programme.

Eligibility requirements

Individuals who have reached the age of 18 are eligible to participate.

The use of the app and participation in the loyalty programme are absolutely free of charge.

There is no legal entitlement to registration, use of the app, participation in the loyalty programme, or to the availability of certain features, promotions, rewards or competitions.

Brauerei Locher AG reserves the right to reject registrations or restrict the use of the app if there are objective reasons for doing so, in particular in cases of false information, misuse, acts of circumvention, technical risks or violations of these GTC.

Registration and user account

The use of certain features in the app requires the creation of a personal user account.

Registration may be completed in particular via email and password, Apple login or Google login, depending on the technical setup.

The following information in particular may be required during registration: First name, last name, date of birth, nickname and email address.

Further information such as delivery address, telephone number or gender may be voluntarily added within the user account or, insofar as required for individual services, at a later date.

Users are obliged to provide information that is truthful, complete and up to date.

Only one user account is allowed per email address. The improper use of several accounts or the circumvention of technical or organisational restrictions to obtain unauthorised benefits is prohibited.

Login details shall be kept confidential and safeguarded against access by any unauthorised third parties. If there is a suspicion of unauthorised use, Brauerei Locher AG shall be informed immediately.

Users may deactivate or delete their user account in accordance with the processes provided in the app.

After a deletion, the user account may be restored within 30 days. After this period has expired, the user account – including all related data, balances, redemptions and non-redeemed Drops – may be permanently deleted.

Wallet

The app has a personal area in which the user’s current Drops balance, expiration dates, redemptions and other programme-related information are displayed. This area is referred to as “Wallet” in the app.

The Wallet is used solely for the management and display of Drops as well as related in-app operations.

The Wallet is not a bank account, payment instrument or transferable proprietary right.

Drops

Drops are bonus points within the loyalty programme of Brauerei Locher AG.

Drops can be collected in particular by scanning valid QR codes on participating products, through games within the app, through promotions, through competitions and through manual crediting from Brauerei Locher AG.

Brauerei Locher AG determines at its own discretion the products, actions, special offers or promotions for which Drops are credited and the amount of such credits.

There is no entitlement to the crediting of specific Drops, to certain collection methods or to the permanent availability of individual opportunities to collect Drops.

Drops are not available for purchase, cannot be paid out in cash and do not establish any entitlement to payment, refund or interest.

Drops have no statutory monetary value and may only be used within the scope of the loyalty programme in accordance with these GTC and any other terms and conditions communicated.

Collecting Drops and QR codes

Drops can be credited by scanning QR codes, provided these codes were issued by Brauerei Locher AG or on behalf of Brauerei Locher AG and are valid for the respective promotion or product.

Only selected products that are appropriately labelled or contain a valid QR code participate in the Dropshop programme. There is no entitlement for any specific product to be included in the Dropshop programme.

Brauerei Locher AG is entitled to include participating products in the Dropshop programme at any time, to remove them from it, or to change their eligibility requirements.

It is not guaranteed that each pack of a participating product contains a QR code. An entitlement to credit exists only if a valid and scannable QR code is present.

Unless specified otherwise, a QR code may only ever be used once.

• a) already redeemed QR codes,
• b) manipulated, copied, duplicated or unauthorisedly distributed QR codes,
• c) technically unreadable, damaged or incomplete QR codes,
• d) QR codes whose origin or validity cannot be verified,
• e) improper or automated scanning.

Brauerei Locher AG is entitled to check credits, to withhold them provisionally or to correct them subsequently if there are indications of errors, technical malfunctions or improper use.

Brauerei Locher AG may establish, amend or revoke limits, verification procedures, blocking periods or any other protective measures related to the collection of Drops.

Sharing of Drops

Where provided for in the app, users may share Drops with other registered users.

Brauerei Locher AG may establish, amend or revoke requirements, daily, weekly or other period limits, technical restrictions, or other rules for the sharing of drops at any time.

There is no entitlement to the permanent availability of the sharing feature.

Shared drops always retain their original expiration date, unless communicated otherwise in the app or for the respective feature.

The sale, exchange and any other remunerated, commercial or improper transfer of Drops is prohibited.

Brauerei Locher AG may block, reverse or review the sharing of Drops if there are indications of misuse, circumvention, trading or technical irregularities.

Redemption of Drops

Drops may be redeemed for rewards, product vouchers, monetary vouchers or other benefits in accordance with the terms and conditions communicated in the app.

The rewards, vouchers and benefits presented in the app do not constitute a permanent or binding offer. They may be adapted, replaced, limited or removed at any time.

There is no entitlement to specific rewards, vouchers, availability or redemption options. Offers are only valid for as long as they are available in the app and while stocks last.

Drops shall be redeemed in accordance with the applicable offer – either digitally, via the Brauerei Locher AG webshop, by delivery, by collection or by any other method communicated.

Brauerei Locher AG reserves the right to replace an offered reward, voucher or other benefit with an equivalent substitute if the originally intended reward or benefit is no longer available. This may occur, in particular, due to sell-outs, supply shortages, product changes, product range adjustments or other valid reasons.

No goods are sold for money via the app. The app is used exclusively for the collection and redemption of Drops as well as the use of the benefits provided in the loyalty programme.

Insofar as vouchers or rewards are redeemed or obtained through the Brauerei Locher AG webshop, the applicable terms and conditions of the webshop shall apply in addition.

Any delivery costs, processing costs or other additional costs shall be communicated in connection with the respective reward or redemption and shall be borne by the user, unless specified otherwise.

Expiry of Drops, vouchers and rewards

Drops that are not redeemed may expire.

The expiration dates displayed in the app and/or the conditions communicated for the respective promotion shall be binding.

Brauerei Locher AG may inform users before Drops expire, for example by in-app messages, push notifications or email. There is no entitlement to such a reminder.

Vouchers, product vouchers, monetary vouchers or other benefits that are not redeemed within the specified validity period may expire.

Upon expiration, all rights to use, replace, redeem or restore the respective Drops, vouchers or benefits shall lapse.

Promotions, games and status models

Brauerei Locher AG may, at any time, introduce promotions, multipliers, games, time- or location-limited campaigns, special collection methods, or status or tier models within the app.

Terms and conditions, eligibility requirements, benefits, periods, limits, geographical restrictions, and other terms of such features and campaigns shall be communicated in the app or in supplementary terms and conditions.

Brauerei Locher AG reserves the right to change, restrict, suspend or discontinue such features and campaigns at any time.

There is no entitlement to the existence, repetition or permanent continuation of specific promotions, games, multipliers, status levels or benefits.

Competitions

Brauerei Locher AG may conduct competitions within the app or in connection with the app.

Competitions are also subject to the applicable eligibility requirements.

In the event of any conflict between these GTC and the applicable eligibility requirements, the applicable eligibility requirements shall prevail for the respective competition.

Prohibited use

The following are expressly prohibited:

• a) the submission of false or misleading information,
• b) the use of several accounts to obtain unauthorised benefits,
• c) the manipulation of QR codes, redemption methods, games or promotions,
• d) the use of automated systems, bots, scripts or other technical aids,
• e) the creation or use of fake proofs of purchase or participation,
• f) the resale or improper use of bonuses, vouchers or rewards,
• g) the circumvention of limits, blocks or technical protective mechanisms,
• h) any use of the app for illegal, immoral or improper purposes.

Also prohibited is any action that is likely to harm the loyalty programme, the app, other users or Brauerei Locher AG, or to unduly influence them.

Measures in the event of violations

In the event of violations of these GTC or reasonable suspicion of misuse, Brauerei Locher AG is entitled to take appropriate measures at its own discretion.

Such measures include in particular:

• a) the rejection or blocking of individual scans, credits or redemptions,
• b) the temporary or permanent restriction of individual features,
• c) the blocking or closing of user accounts,
• d) the revocation of Drops,
• e) the cancellation of vouchers, bonuses or rewards,
• f) the recovery of benefits obtained unjustly,
• g) the exclusion of individual promotions, games or competitions.

Any further statutory or contractual rights of Brauerei Locher AG are expressly reserved.

Availability

Brauerei Locher AG strives to ensure the smooth operation of the app but does not guarantee its continuous, uninterrupted or error-free availability.

Maintenance work, technical malfunctions, security measures, enhancements, system changes or actions by third parties may result in the app or individual features being temporarily unavailable or only partially accessible.

Brauerei Locher AG reserves the right to modify, restrict, suspend or discontinue the app or individual features at any time.

Liability

Brauerei Locher AG is liable for direct damage only in the event of an intentional or grossly negligent breach of duty.

To the extent permitted by law, liability for minor negligence, indirect or consequential damages, loss of profit, data loss, as well as damages resulting from technical malfunctions, interruptions, errors, third-party attacks or improper use is excluded.

Brauerei Locher AG shall not be liable for damage resulting from users insufficiently protecting their login details or making them accessible to third parties.

Brauerei Locher AG shall only be liable for services, offers or processes provided by third parties, in particular in connection with external redemption points, delivery services, Apple, Google or other platform operators, to the extent required by law.

Data protection

Information on the processing of personal data can be found in the separate Privacy Policy of Brauerei Locher AG.

Privacy notices, consents and permission requests in connection with specific app features shall remain reserved.

Changes to the programme and the GTC

Brauerei Locher AG reserves the right to amend these Terms and Conditions and the loyalty programme at any time, provided there are legitimate reasons for doing so. Such reasons include, in particular, legal, technical, operational or security-related considerations, as well as enhancements to the app or the programme.

Brauerei Locher AG may specifically change, supplement or discontinue collection methods, expiry rules, sub-functions, status models, redemption options, rewards, vouchers, limits, communication channels or other programme components.

Changes shall be communicated in an appropriate manner, including via the app, by email or by other suitable means.

If a user continues to use the app after the notified changes come into effect, this is considered consent to the amended terms and conditions, insofar as the change is legally permissible.

Language, applicable law and place of jurisdiction

The German version of these GTC is authoritative.

These GTC shall be governed by Swiss substantive law, to the exclusion of its rules on conflict of laws.

The exclusive place of jurisdiction for all disputes arising out of or in connection with these GTC shall be Appenzell, unless a mandatory statutory place of jurisdiction prevails.

Severability clause

If individual provisions of these GTC are or become wholly or partly invalid, void or unenforceable, the validity of the remaining provisions shall remain unaffected.

If any provision is found to be invalid, it shall be replaced by a valid provision that most closely reflects the economic purpose of the original provision.