Giftify gift cards used within a Limited Network

 

 Giftify Terms and Conditions of Use

 

1.           Scope of Application

 

1.1            These terms and conditions of use of this Giftify gift card (the "Terms and Conditions") apply to any purchaser (the "Purchaser") and any holder (the "Holder"; the Purchaser and the Holder together also as "You") of this Giftify gift card (the "Gift Card"). By purchasing and/or holding the Gift Card, You are agreeing with these Terms and Conditions.

1.2            The Gift Card is issued by Eldon Squar, with its registered office at Percy Street, Newcastle upon Tyne, NE1 7JB, through a technical service provider, Loyaltek SA, Cantersteen 47, 1000 Brussels, Belgium, using its technical interface.

1.3            The Gift Card is issued and purchased only in a stated currency. The Gift Card must be purchased in the legal tender currency of the country where it is issued. Pound Sterling (GBP / £)

1.4            No additional funds may be added to the Gift Card after the initial purchase, except in the event that a merchant refunds a transaction on the Gift Card. These terms and conditions are available online at https://eldonsquare.giftify.me/docs/CGV_eldonsquare.pdf You may request a copy of these terms and conditions at any time during the term of this contract.

1.5            The Gift Card is not a regulated product and is therefore not subject to the Electronic Money Regulations or the Payment Services Regulations.

 

2.       Definitions

 

2.1            "Gift Card" means the product consisting of a prepaid card offered under these terms and conditions of use.

2.2            "Purchaser/Holder" refers to the contracting party that demands or acquires a Gift Card and makes use of it. The cardholder may or may not be the purchaser of the Card.

2.3            "Seller" or "shopping centre" refers to the different establishments where services are provided to Gift Card holders and authorised to accept the Gift Card.

2.4            "Limited Network" means the establishments selected under Article 2.3

 

3.     Purchase and loading of the Gift Card

 

3.1            If the Gift Card is purchased at a shopping centre, the maximum value that can be loaded onto the Card without verification of the cardholder's identity is £500. Gift Card funds will be available for use for up to 12 months after loading.

3.2            If the Gift Card is purchased over the Internet, the maximum value that can be loaded onto the Card without verification of the cardholder's identity is £500. The gift card will require an activation before use, this activation must be done within 6 months of purchase. This can be done at the information desk in your shopping centre or on the website eldonsquare.giftify.me by entering the number of your Gift Card and the order reference which will be sent to you by email.

3.3            To load the Gift Card, you must use a credit or debit card issued by a regulated financial institution.

3.4            When funds are loaded onto your Gift Card, the payment will be made in the same currency as your credit or debit card.

 

3.5            We may refuse to issue or sell the Gift Card, without any justification and without the purchaser being able to claim compensation for it.

 

 

 

 

 

4.     Using the Gift Card

 

4.1            The Gift Card may be used by the cardholder or may be given to another person (New cardholder) who received the Gift card as a gift. When handing over the Gift Card, the buyer must inform the new cardholder of these terms and conditions of use.

 

4.2.           The Gift Card is intended solely for use in the Shopping Centre’s stores and points of sale, and solely for transactions carried out in the presence of the Gift Card Holder.

4.3.           Your balance will be reduced by the amount of each purchase you make.

4.3.1.   If any purchase exceeds available funds or card limits, you may add the remaining amount of the purchase with another payment method accepted by the store (credit card, cash, etc.) provided that the seller accepts a combination of payment methods.

4.3.2.    Additional funds cannot be added to the Gift Card after purchase.

4.4.           The Gift Card is not a debit card backed by a bank account. No interest will be generated on the funds loaded on the Gift Card.

4.5.       You may not use your Gift Card for:

4.5.1.    Pre-authorised periodic payments;

4.5.2.    Transactions outside the Shopping Centre

4.5.3.    Online transactions, even on the websites of the Shopping Centre’s distributors

  4.5.4    Cash transactions, including cash repayments, bank withdrawals, postal transfers, travellers’ cheques, foreign currencies or foreign exchange transactions, or

4.5.5.    Any illegal purpose.

4.6.           Your Gift Card cannot be used in situations where the seller is unable to obtain online authorization guaranteeing that there are sufficient funds to complete the transaction.

4.7.       The Shopping Centre is not responsible for the quality, safety, legality or any other aspect

of the goods or services purchased with the Gift Card.

4.8.           The Gift Card may not be exchanged or resold and may not give rise to the payment of any   monetary consideration.

4.9.           You must not alter the Gift Card, or the related services provided in the context of the Gift Card usage.

4.10.     We may stop, suspend or restrict your Gift Card for reasons related to:

4.10.1.  The security of your Gift Card, Gift Card number;

4.10.2. Suspicion of unauthorized or fraudulent use of your Gift Card. To the extent possible, we will inform you before stopping, suspending or restricting your Gift Card. If this is not possible, we will inform you immediately thereafter. The requirement to inform you does not apply where reasonable security measures are compromised, or it is illegal to do so.

 

5.     Payment transactions

 

5.1.  The Shopping Centre is entitled to assume that a transaction is authorized by you where the Gift Card's magnetic stripe is swiped by the seller, or where appropriate information is provided to the seller in order to allow the transaction to be carried out.

5.2. A transaction cannot be cancelled once it has been transmitted to us with your authorization. Typical refusal grounds are:

5.1.1.      A transaction exceeds the funds available on the Gift Card; or

5.1.2.      If the Shopping Centre has reasonable grounds for doing so under the rules of the payment system (Visa or MasterCard) for which your Gift Card was issued; or

5.1.3.      If the Shopping Centre has reasonable grounds to believe that such action is necessary in order to comply with any legal obligation.

The Shopping Centre may not carry out transactions in the event of force majeure or technical problems attributable either to the Shopping Centre or to the seller.

 

 

 

6.     Transactions in foreign currency

 

The Gift Card may only be used for transactions in the currency of the Card.

 

7.     Checking your balance

 

To check the available balance on your card or to review your transactions visit eldonsquare.giftify.me or, depending on availability, call your shopping centre's or, go to the shopping centre's point of sale or scan the QR code.

 

 

8.     Refund

 

Your Gift Card is not subject to the regulations applicable to issuers of electronic money and therefore you are not entitled to any refund of the card balance.

 

9.     Card Expiration

 

Both your Gift Card and the balance loaded onto it will expire 12 months after the Card's loading date, which is known as the "expiration date". On that date, the Card will cease to function and may not be used as a method of payment.

The expiration date is available on the website 

eldonsquare.giftify.me

Once your Gift Card has expired, the remaining funds cannot be used. You will not be entitled to any refund of your card balance.

 

10.  Security Precautions

 

Your Gift Card is not allowed to be used by a third party without permission;

Only use the Gift Card or its number to enter into (or undertake to enter into) a transaction, and,

If your Gift Card is lost or stolen, or if you believe that it (or its number) may have been used illegally, you must:

10.1.1.   Call your Shopping centre to block the Card.

10.1.2.   Immediately stop using your Gift Card and its number. If you find the Gift Card after reporting that it has been lost, stolen or illegally used, you must destroy it and notify your shopping center as soon as possible.

10.1.3.   You will be responsible for any use of your Card until you have notified your shopping center

10.1.4.   If your Gift Card, or any replacement card, is lost or stolen, you may, once the loss is reported, request a replacement card from the Shopping Centre. You will be charged a fee before a replacement card is being issued. This is further explained in the summary table at the end of this document.

We are not responsible for:

10.1.5.   any abnormal or unforeseeable circumstances, for example, a failure of computer systems that occurs for reasons beyond our control, if this prevents us from providing a regular service;

10.1.6.   any vendor who refuses to accept (or is late in accepting) your Card or Card number, or

In case of errors about transactions, call your shopping centre.

If your Gift Card is not working properly, you can get a new one at the point of sale in the shopping centre. The remaining balance of your card will be transferred to the new Card.

Our liability in any event is limited to the balance on the Card.

The balance already used before the Gift Card is blocked cannot be refunded.

Any use that does not respect these terms and conditions may result in the blocking of your Gift Card.

 

11.  Modification of Terms and Conditions of Use

 

The terms and conditions of use, as well as the prices and additional charges, may be modified at any time.

If modified,

11.1.1.   The terms and conditions of use applicable shall be those in force on the date of purchase of the Gift Card.

 

12.  Complaints and Disputes

 

12.1. The Shopping Centre will do the best to resolve any disputes over these Terms.

 

12.2. If you wish to file a complaint or contact us for any other reason related to these terms and   conditions of use, write to your shopping centre, by post..., by telephone.... or by email.....

 

12.3. Before initiating any contentious procedure, a friendly solution should be sought. The European Commission offers a platform for alternative dispute resolution, which you can access from here: https://ec.europa.eu/consumers/odr/main/index.cfm

 

13.  Privacy

 

Loyaltek SA and the partner undertake all actions necessary to protect the confidentiality of the user's data. All personal information we collect is used only legally and in accordance with the protection of personal data (Regulation EU 2016/679 of the European Parliament).

 

 

14. Cancellation rights

 

14.1. If you change your mind about having the card (and only if the card was bought through the Internet), you can cancel it within 14 days of the date it was purchased. You will not be charged for cancelling the card during this period. We will refund any balance remaining on the card to you and any fees that you have paid.

14.2. We will reimburse you in the currency the same as that of your gift card.

14.3. Should you wish to cancel your Gift Card please return it to the Customer Services Desk at the Centre, unsigned and unused with your original sales receipt within 14 days of purchase and a full refund will be made

14.4. The money may only be returned to the person who purchased the Gift Card. To get a refund, the purchaser will need to provide a proof of identity (ID card/ Passport), his/her IBAN, the original receipt (or other proof) of purchase and the return of the Gift Card.

 

15. Summary Box

 

This table summarises the key characteristics and information of the product. Also listed below are the balance limits and possible additional charges that apply to each Gift Card.

 

 

Rates and Limits

Currency

Card Purchase Rate

Free (but an additional charge per sales channel may apply)

Charging the Card with a credit or debit card

None (unless otherwise indicated))

Replacement fee

 10 GBP

Card Balance Limits

 

Minimum value

 10 GBP

Home delivery

 2.5 GBP

Maximum value

500 GBP

 

 

 

Appendix 1:

 

Withdrawal form

 

(If you want to cancel the contract, please fill out this form and send it back to us.)

— To

[here the Shopping Centre’s name, geographical address and, where available, his fax

number and e-mail address are to be inserted by the trader]:

— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of

the following goods (*)/for the provision of the following service (*)

— Ordered on (*)/received on (*)

— Name of consumer(s)

— Address of consumer(s)

— Signature of consumer(s) (only if this form is notified on paper)

— Date

(*) Delete as appropriate.