Donation & Fund handling terms

Impaktera – Donation & Fund Handling Terms

1. Scope and Purpose

These Donation & Fund Handling Terms ("Terms") govern donations made to Impaktera, a Swiss non-profit association (Verein) pursuant to Art. 60 et seq. of the Swiss Civil Code, via the Dopaya platform or other digital channels.

By making a donation, the donor enters into a donation contract (Schenkungsvertrag) within the meaning of Art. 239 et seq. of the Swiss Code of Obligations (CO/OR) with Impaktera.

These Terms apply to donations made by natural persons acting for purposes outside their trade or profession (consumers).

2. Identity of the Donation Recipient

Donation recipient:

Impaktera
Non-profit association pursuant to Art. 60 et seq. Swiss Civil Code
Registered seat: Wettingen, Switzerland
Email: impaktera@gmail.com

Impaktera is an independent, non-profit association. All donations are accepted exclusively for charitable purposes.

3. Relationship with Dopaya

Dopaya operates as an independent technical platform provider facilitating the donation process. Dopaya is not the donation recipient.

The donation contract is concluded exclusively between the donor and Impaktera.
Dopaya does not assume responsibility for the use of donated funds.

4. Purpose and Use of Donations

4.1 General Use of Funds

Donations are used exclusively in accordance with Impaktera's non-profit purpose, as defined in its statutes.

Impaktera supports social enterprises and mission-driven initiatives through funding, partnerships, and enabling activities. Impaktera does not implement aid projects directly.

4.2 Undesignated Donations

If no specific purpose is selected, donations are used for Impaktera's general charitable activities at the association's discretion.

4.3 Designated Donations

Where a donor designates a donation for a specific initiative or purpose:

• Impaktera will use the donation exclusively for that designated purpose
• If the designated purpose becomes impossible or impractical to fulfill, Impaktera will contact the donor to agree on an alternative use
• If the donor cannot be reached within 30 days, Impaktera may reallocate the donation to the most similar available purpose within its charitable objectives
• The donor may request a refund if they do not agree with the proposed reallocation

4.4 Tax Deductibility

Impaktera is a Swiss non-profit association. Whether donations are tax-deductible depends on Swiss (including cantonal/communal) tax rules and the donor's individual circumstances. Impaktera does not guarantee tax deductibility.

Donors are solely responsible for determining the tax treatment of their donations and are advised to consult a tax advisor or the competent tax authority.

5. Payment Processing

5.1 Payment Methods

Impaktera accepts donations through the following payment methods:

5.1.1 Online Payment Processing

Payment processing for online card payments is provided by Stripe Payments Europe Ltd. and/or other payment service providers used on the relevant donation channel.

Additionally, donations may be processed through Raisenow, a payment service provider specializing in donation processing for non-profit organizations.

5.1.2 Bank Transfer

Donations can be made via direct bank transfer to:

• Bank: Aargauische Kantonalbank
• Country: Switzerland
• Account holder: Impaktera
• IBAN: CH9800761649583092001
• SWIFT/BIC: KBAGCH22

Bank transfers are processed directly and do not incur payment processing fees. Please include "Donation Impaktera" as the payment reference when making a transfer.

5.2 Transaction Execution

Online payments (via Stripe or Raisenow) are processed immediately upon confirmation of the donation.

Bank transfers are typically processed within 1-3 business days from the date of transfer initiation.

The maximum execution time until funds are credited to Impaktera's account is 1-3 business days for online payments and 1-3 business days for bank transfers.

5.3 Fees

The following fees may apply depending on the payment method:

• Online payments (Stripe): Fees (including any currency conversion fees) apply according to Stripe's terms and the donor's payment method.
• Bank transfers: No payment processing fees apply. Bank transfer fees may be charged by the donor's bank.
• Impaktera does not charge any additional fees

The net donation amount after applicable fees is displayed before the donation is confirmed for online payments.

5.4 Transaction Confirmation

After completing the donation, the donor will receive a payment confirmation by email containing:

• Transaction reference number
• Donation amount (gross and net)
• Date and time of the transaction
• Contact details of the payment service provider

6. Right of Withdrawal (EU Consumer Law)

If the donor is habitually resident in the European Union, the donor has the right to withdraw from the donation contract within 14 days from the date of the donation, without giving any reason.

To exercise the right of withdrawal, the donor must notify Impaktera in writing (e.g. by email).

7. Revocation under German Law (§ 528 BGB)

In addition to the statutory right of withdrawal, donors may have revocation rights under § 528 BGB in the event of a significant deterioration of their financial circumstances, subject to the conditions set out in applicable law.

8. Refunds

8.1 Grounds for Refund

Refunds are processed in the following cases:

• Valid exercise of the statutory right of withdrawal (§ 6)
• Technical error resulting in an incorrect transaction
• Duplicate or unauthorized transaction
• Legal obligation under mandatory consumer protection law

8.2 Timeline

Refunds are processed:

• For withdrawal (§ 6): within 14 days of receipt of the withdrawal notice
• For technical errors: within 14 days of notification
• For other cases: as required by applicable law

8.3 Method

Refunds are made using the same payment method used for the original donation, unless otherwise agreed.

8.4 Non-Refundable Cases

Beyond the cases listed in § 8.1, donations are final and non-refundable once the 14-day withdrawal period has expired.

9. Liability

9.1

Impaktera is liable for intent and gross negligence in accordance with applicable law.

9.2

Liability for slight negligence is excluded to the extent permitted by law, except in cases of injury to life, body, or health.

9.3 Essential Contractual Obligations

For the purposes of this clause, essential contractual obligations (Kardinalpflichten) include:

• Accepting and properly crediting the donation
• Using the donation in accordance with the stated charitable purpose
• Providing donation confirmation and receipt where legally required
• Maintaining confidentiality of donor personal data

10. Complaints and Dispute Resolution

10.1 Direct Contact

Questions, complaints, or requests may be addressed to:
Email: impaktera@gmail.com

Impaktera aims to respond within 5 business days.

10.2 EU Online Dispute Resolution

EU consumers may use the EU Online Dispute Resolution platform:
https://ec.europa.eu/consumers/odr

10.3 Alternative Dispute Resolution

As a small Swiss non-profit association, Impaktera is not obliged to participate in alternative dispute resolution proceedings. However, Impaktera is committed to resolving complaints directly and fairly wherever possible.

For consumer disputes under German law, consumers may contact:

Allgemeine Verbraucherschlichtungsstelle
Zentrum für Schlichtung e.V.
Straßburger Straße 8
77694 Kehl, Germany
www.verbraucher-schlichter.de

11. Data Protection

11.1 Legal Basis

Personal data is processed for the following purposes:

• Performance of the donation contract (Art. 6(1)(b) GDPR)
• Compliance with legal obligations (Art. 6(1)(c) GDPR)
• Legitimate interests in donor communication (Art. 6(1)(f) GDPR)

11.2 Data Processed

Impaktera processes the following data:

• Name
• Email address
• Donation amount
• Date of donation
• Payment reference

11.3 Data Recipients

Personal data may be shared with:

• Payment service providers (for transaction processing)
• Dopaya platform (for donation routing and confirmation)
• Designated social enterprises (name and donation amount only, if a specific initiative is selected)

11.4 Data Retention

Donation records are retained for 10 years in accordance with Swiss financial record-keeping requirements.

11.5 Data Subject Rights

Donors have rights of access, rectification, erasure, restriction, data portability, and objection under Articles 15–21 GDPR.

Contact: impaktera@gmail.com

11.6 Privacy Policy

Further information is available in Impaktera's Privacy Policy:
www.impaktera.org/privacy

12. Governing Law and Mandatory Consumer Protection

These Terms are governed by Swiss law.

If the donor is habitually resident in the European Union, this choice of law shall not deprive the donor of mandatory consumer protection rights under the law of their country of residence.

13. Amendments

Impaktera may amend these Terms where legally required or to reflect changes in its operations. The version applicable at the time of the donation shall apply.

14. Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain unaffected.