These general terms and conditions of sale (referred to hereinafter as the « GT&Cs ») define and govern the means of accessing and browsing around the Website owned by the Shopping Centre and they determine the rights and the obligations of the Gift Card Purchasers on the afore mentioned  Website.  

 

By completing your order on the Website, you acknowledge that you are aware of these GT&CS and you accept them.

 

 

Article 1.         DEFINITIONS

 

Purchaser	You, the co-contractor who has ordered or acquired one or several Gift Card(s) on the Website.
Gift Card	The Gift Card acquired by the Purchaser on the Website consists of a physical  prepaid card so that the electronic money acquired on the network designated by the Shopping Centre can be used.
Shopping Centre	Intu Eldon Square Ltd, having its registered office at, C/O Apam Ltd, 4th Floor, 84 Grosvenor Street, London, W1K 3JZ registered under the number 05503289
General Conditions of Use of the Gift Card	The general conditions of use of the Gift Card.
GT&CS	These Terms and Conditions of Sale.
Us	The Shopping Centre.
Party(parties)	The Shopping Centre and the Purchaser or one of these parties when the singular form of the word is written.
Technical partner	Giftify, a limited liability company whose registered office is located in Cantersteen 47, 1000 Brussels (Belgium), which is registered at the Banque Carrefour des Entreprises [Belgian business register]  identified under the number 0820.246.648.
Website	The website eldonsquare.giftify.net  of the Shopping Centre, where the Gift Cards can be bought.
User	The end user of the Gift Card. The Purchaser may or may not be the User of the Gift Card, depending on whether they use it themselves or give it to a third party.
You	The Purchaser.

 

 

Article 2.         GIFT CARD ORDER

 

2.1.           One or several Gift Cards can be ordered on the Website. The balance loaded on the Gift Card can be selected by the Purchaser from the amount options that are available by default or chosen by the Purchaser within the limits displayed on the Website. The purchase price of the Gift Card(s) is the amount of the electronic money balance that can be used on the Gift Card(s), which are subject to additional fees associated with processing the order, the delivery of the Gift Card itself and/or the additional services (e.g. gift boxes). The Purchaser will be notified of  the total price, along with the amounts of all the fees before the order is completed.

 

2.2.           The order is accepted online when the Purchaser clicks on the appropriate button, which also conveys their unconditional acceptance of these GT&CS.

 

2.3.           The Purchaser is sent the order confirmation immediately to the email address that they have provided.

 

2.4.           The Purchaser can pay using the payment methods displayed on the Website. The Purchaser specifically states that they are authorised to use the actual payment method chosen to pay for their order.

 

2.5.           The Shopping Centre is entitled to cancel or refuse to process any order made by a Purchaser, if they are or have been involved in any type of legal dispute over the payment of a previous order, or if the Shopping Centre has reason to believe that there is fraud associated with it and this is indeed the case, without having to justify its decision.

 

Article 3.         USE THE GIFT CARDS

 

3.1.           The conditions of use of the Gift Cards are governed by the General Terms and Conditions of Use of the Gift Cards available. 

 

3.2.           The Purchaser states that they are aware of the General Terms and Conditions of Use of the Gift Cards (aforementioned) and they accept them.

 

3.3.           The User is responsible for how the Gift Card is used, whereby the Purchaser guarantees that the General Terms and Conditions of Use of the Gift Cards shall be complied with if the person using it is someone else other than the Purchaser.

 

Article 4.         order and delivery PROCESSING TIME

 

4.1.           Once the order has been made on the Website and the payment has been validated by the Purchaser, the Gift Cards shall be delivered or made available to the Purchaser pursuant to the option they chose from those available on the Website when they make the order.

 

4.2.           In an event of force majeure that prevents the order from being processed or the Gift Cards being dispatched quickly, we are entitled to cancel the order. If an order is cancelled, the payment made by the Purchaser shall be refunded and the Purchaser shall be notified immediately by means of an email sent to the email address they have provided.

 

4.3.           If the product ordered is not in stock, we shall inform you immediately by email. In this case, the order shall be cancelled and the payment shall be refunded to the Purchaser.

 

4.4.           The delivery times stated on the Website when the order is made are approximate. We try our best to comply with the delivery times stated.

 

4.5.           If the Gift Cards are delivered, they are sent using the courier service supplied by a third party chosen by the Purchaser when they make their order choosing one of the options proposed on the Website. The Gift Cards are delivered to the address stated by the Purchaser.

 

4.6.           The Purchaser is informed about the different delivery rates and conditions before the order is placed.

 

4.7.           Only one delivery address can be stated per order. If the Gift Cards have to be delivered to several addresses, the Purchaser should make separate orders for each of the delivery addresses.

 

4.8.           The ownership and the risks associated with the Gift Cards are transferred to the Purchaser upon delivery.

 

Article 5.         RIGHT TO CANCEL

 

5.1.           If the Purchaser is a consumer, the Purchaser can cancel their order, free of charge without providing a reason for cancellation within a period of (14) days from when the Gift Card is issued.

 

5.2.           To exercise the right to withdraw from the agreement, the Purchaser has to notify the Shopping Centre about their decision by means of a clearly worded statement that is addressed to the Shopping Centre within the aforesaid time period. The notification can be sent by post or by email. The sample withdrawal form available in Annex 1 of these GT&Cs should be used.

 

If you decide to withdraw from the agreement, you must return the Gift Card, within fourteen (14) days after having notified us of your decision, at your own expense,  at the following address:

 

Eldon Square, Percy Street, Newcastle Upon Tyne, NE1 7JB info@eldonsquare.co.uk

 

 

5.3.           As soon as the request to withdraw from the agreement is received, the Gift Card in question can be disabled remotely.

 

5.4.           If you decide to withdraw from the agreement, we shall refund the price paid for the Gift Card or Gift Cards in question, which includes the delivery fees (except the additional fees arising from the fact that you have chosen, if necessary, another delivery method other than the cheapest standard delivery method that we suggest) as soon as possible and, in any case, no later than 14 days as from the day when we are informed of your decision to withdraw from the agreement. We shall then refund the amount you paid using the same payment method as the one you used for the initial transaction, unless you specifically agree to a different method; in any event, you shall not incur any expenses with this refund.

 

5.5.           We are entitled to defer the refund until the physical Gift Card(s) has/have been received, which the right to withdraw is associated with, or until you have provided proof that it (or they) has/have been dispatched.

 

5.6.      If the Gift Card(s) has/have been used, totally or partially, it/they cannot be returned. The Purchaser acknowledges that if a Gift Card is used, totally or partially, they waive their right to withdraw from the associated agreement.

 

Article 6.         COMPLIANCE AND WARRANTY

 

6.1.           With regard to physical Gift Cards, and if the Purchaser is a consumer, the Purchaser benefits from the legal warranties provided for in laws applicable in the jurisdiction where the Shopping Center is located. In the event of non-compliance associated with a Gift Card, the Purchaser is required to notify the Shopping Centre immediately, and at the latest within two (2) months after they become aware of the non-conformity.

 

This warranty only covers the existing non-conformities when the Gift Card is delivered. The defects or flaws caused by any misuse, such as water damage, negligence and wear, are not covered by this warranty.

 

6.2.           In the event of non-compliance related to the Gift Card, the Purchaser is required to return the faulty Gift Card to the Shopping Centre pursuant to  Article 5.2. The Shopping Centre shall then issue another physical Gift Card automatically.

 

Article 7.         LIABILITY

 

7.1.           The liability of the Shopping Centre is limited to the case of gross negligence or fraud. Under no circumstances whatsoever can the Shopping Centre be held responsible for repairing any indirect damage (e.g. reputational damage, loss of profit or anything else) suffered by the Purchaser.

 

7.2.           The Shopping Centre will not be held liable for any inconveniences or damage arising from the use of the Internet network and related to force majeure a service outage, external factors or a computer virus or any other event considered to be force majeure, pursuant to the case law of the Belgian courts and tribunals.

 

7.3.           Insofar as it is permitted by law, the Shopping Centre will not be held responsible for any damage caused directly or indirectly by using the Website.

 

7.4.           The Shopping Centre does not guarantee the smooth running of the Website. Insofar as it is permitted by law, the Shopping Centre will not be held liable in any way for a fault or Internet outage or any other direct or indirect damage that might arise due to accessing or using the Website. The Shopping Centre  will not be held responsible either for any damage caused by a service outage, technical errors, a virus or any other factor that the Shopping Centre has no control over.

 

Article 8.         PERSONAL DATA

 

8.1.           We respect your privacy and we uphold the General Regulation on Data Protection (GDPR). When you use our Website and place an order, we collect some of your personal data in order to process your request. You can refer to our confidentiality policy,  to understand  the personal data we obtain and for what purposes. You can find our confidentiality policy here: eldonsquare.co.uk/privacy-policy/.

 

Article 9.         INTELLECTUaL property

 

9.1.           All of the content on the Website, whether verbal, visual or audio, including the underlying technology and the domain name, are the exclusive property of the Shopping Centre or that of its Technical Partner. The use and the presentation of these elements on the Website do not entail any waiver of the rights of the Shopping Centre or those of its Technical Partner or any implied authorisation to use all or part of these elements, without the prior written consent of the Shopping Centre or that of its Technical Service Provider.

 

9.2.           Any hypertext link sent illegally to the Website, whatever the technique used, is strictly forbidden (including but not limited to the ‘’framing’’ and the‘ ’inline linking’’ ). Any illegal link must be removed  upon request of the Shopping Centre or the Technical Partner.

 

Article 10.      MISCELLANEOUS

 

10.1.        In the event we decide not to apply these General T&Cs (or part of these GT&Cs), this cannot under any circumstances whatsoever be interpreted as being a waiver of any of its rights in accordance with these GT&Cs at a later date or against another Purchaser.

 

10.2.        Communication between Us and the Purchaser shall be in english by telephone or by email.

 

Article 11.      COMPLAINTS, LAW AND COMPETENCE

 

11.1.        All our rights and obligations, as well as those of the Purchaser are governed and must be interpreted pursuant to the laws applicable in the jurisdiction where the Shopping Center is located.

 

11.2.        If you are not satisfied with our services, you  may send us a complaint, in writing with acknowledgement of receipt by email or telephone to the following contact details:

 

Percy Street, Newcastle upon Tyne, NE1 7JB

Tel.: 0191 261 1891

Email: info@eldonsquare.co.uk

 

11.3.        If you are a consumer and you are not satisfied with our service or how your complaint has been processed internally, you may appeal to one of the following dispute resolution mechanisms: The European Commission has a free online dispute resolution platform available (ODR), which you can find here https://ec.europa.eu/consumers/odr/.

 

11.4.        Regardless of the legally binding provisions providing for the competence of other jurisdictions (for example for consumers), the Shopping Centre and the Purchaser can (as either the plaintiff or the defendant), submit any dispute arising, directly or indirectly, from their contractual relationship or, to the courts and tribunals of Brussel.

 

Annex 1 – Withdrawal form

 

(If you would like to withdraw from the agreement, please fill in this form and send it back to us).

 

— For the attention of [NAME AND ADDRESS OF THE SHOPPING CENTRE]

 

— I/we (*^[1]) would hereby like you inform you (*) that I/we would like to (*) withdraw from the agreement concerning the sale of the products (*)/for the provision of the service (*) stated below

 

— Order the (*)/received the (*)

 

 — Name of the consumer(s)

 

— Address of the consumer(s)

 

 — Signature of the consumer(s) (only if the notification is sent via a paper based print-out of this form).

 

— Date.