Electronic Gift Card Terms and Conditions
DATA FOR QUICK COMMUNICATION WITH THE SELLER
By Insomnia
ul. Kwitnącego Sadu 2
02-202 Warszawa
adres e-mail: sklep@byinsomnia.pl
nr telefonu: + 48 515 818 600
GLOSSARY OF DEFINITIONS
1. Electronic Gift Card (also “Card”) – electronic form of a bearer voucher generated by the Issuer (in the form of a numeral-letter code or a numeral code), confirming its User’s right to exchange the amount accumulated on the Gift Card for goods in Byinsomnia.com online store, with specified expiry date, and with electronically recorded information on the Available Balance. Gift Card is not a payment card, nor an electronic money instrument within the meaning of applicable provisions of law.
2. Buyer – a person who receives the Electronic Gift Card from the Issuer in exchange for providing funds to the Issuer.
3. Byinsomnia.com Online Store (also “Store”) – online store available under the address www.byinsomnia.com, through which the Electronic Gift Card can be bought and used.
4. User – each bearer of the Electronic Gift Card.
5. Transaction – an operation carried out with the use of the Gift Card, consisting in exchanging the Gift Card for goods by reducing the amount of the Available Balance by the amount corresponding to the value of the goods purchased by the User in Byinsomnia.com store.
6. Available Balance – amount available on the Gift Card up to which the User can purchase goods offered for sale in Byinsomnia.com store.
7. Issuer – Natalia Pstrokońska conducting business activity under the name of By Insomnia Natalia Pstrokońska with its registered office in Warsaw, at ul. Kwitnącego Sadu 2, 02-202 Warszawa, entered in the Central Registration and Information on Business (CEIDG), Tax ID No (NIP) 586 155 99 64, REGON 388483466,
§1. GENERAL PROVISIONS
1. Gift Cards are in the form of a numeral-letter code, which is an electronic medium bearing the Available Balance.
2. The purchase of the Gift Card takes place in accordance to the Online Store’s Terms and Conditions.
3. Issuance of the Electronic Gift Card does not constitute VAT-taxed sales within the meaning of applicable provisions of law.
4. Gift Cards can be used only for performing Transactions.
5. The Buyer or the User have the right to report a loss or damage of their Gift Card with the aim to have it blocked. The Gift Card will be blocked immediately, no later than on the next business day.
6. The Buyer who is a Consumer has the right to withdraw from a Gift Card Purchase Agreement within 14 days from the day of sending the Card to the User’s address indicated by the Buyer. Withdrawal can be performed in the form of an e-mail sent to the e-mail address of the Card Issuer. In such case the Card will be deactivated immediately, no later than on the next business day following the reception by the Card Issuer of the e-mail informing of the Buyer’s withdrawal from the Gift Card Purchase Agreement.
7. By withdrawing from the Gift Card Purchase Agreement (i.e. sending an e-mail informing of the withdrawal from purchase of the Gift Card) the Buyer guarantees that until the Card is deactivated the User will not use the Card. If the User uses the Gift Card in the period from reception of the e-mail informing of the Buyer’s withdrawal from the Gift Card Purchase Agreement until the Card’s deactivation, the Card Issuer will be released from the obligation to refund the Buyer the amount of the Gift Card within the scope in which the User used the Available Balance.
§2.
1. Gift Card will only be sent to the User if the Buyer tops it up to create Available Balance.
§3.
1. The Buyer has the right to indicate the following parameters of the Card: Card value: not less that PLN 100 and not more than PLN 1,000; image chosen from among images made available by the Card Issuer; the User’s details (e-mail address); and customised text message for the User.
2. When purchasing the Card for another User, the Buyer is obliged to provide their personal data in the form of an e-mail address and obtain the User’s consent in this regard, as well as to notify the User about the scope and purpose of processing their personal data by the Issuer in connection with the purchase and subsequent use of the Gift Card. The notification should be in accordance with the Terms and Conditions and the Privacy Policy of the Store.
§4.
1. The User can perform transactions only with the Gift Card previously activated by the Buyer by topping them up with an amount constituting Available Balance.
2. Gift Cards cannot be exchanged for money.
3. The Gift Card’s User can use their Gift Card multiple times during its period of validity up to the limit of Available Balance.
4. User performs Transactions with their Gift Card by providing the Card’s unique code in the space provided for doing so, i.e. “Promotional Code / Gift Card”. Amount of the Available Balance will be reduced by the value of the shopping cart recorded on the day of purchasing goods with the Gift Card. The Transaction made shall constitute purchase and be subject to fiscal obligation.
5. The Gift Card is read only in electronic environment, which means each transaction is verified for its validity and determination of its Available Balance only in Byinsomnia.com store.
6. If the value of purchased goods is higher than the Available Balance, the Transaction can be performed provided that the User settles the difference in price in accordance with the Terms and Conditions of Byinsomnia.com store.
7. If the price of the goods purchased by the User is lower than the Available Balance, the difference between the Available Balance and the price of the purchased goods shall be the Balance of the Gift Card available after the Transaction. No amount can be in this case paid to the User as “change” nor can the remaining Available Balance be cashed after the Transaction.
§5.
1. The Gift Card may be used within the period of validity specified on the card or until it is blocked at the request of the Buyer or the User.
2. In the case of the loss of the Gift Card, the Card Issuer can block it based on the notification made by the User via the hotline or e-mail sent to: sklep@byinsomnia.pl. The Card Issuer is not responsible for Transactions made by the Gift Card bearer prior to submitting the above-mentioned notification. The Gift Card can only be blocked if the User provides the discount code unique for the given Card.
3. The Card Issuer has the right to refuse to effect a payment with the Gift Card in the following cases:
a) expiration of the Gift Card,
b) insufficient Available Amount on the Gift Card in relation to the prices of goods ordered by the User,
c) the occurrence of technical problems that prevent the Transaction with the use of the Gift Card that occurred for reasons beyond the Card Issuer’s control. In this case, the Issuer, as far as technical and organizational possibilities are concerned, will take the steps necessary to remove any obstacles in the usage of the Card.
4. Performance of payment by the User with the Gift Card shall be a valid Transaction even if they come to possess the Card in an unlawful manner unless the Card despite reporting the necessity for its blocking has not been blocked by the Card Issuer within the deadline specified in these Terms and Conditions.
5. The return of goods purchased by the User using the Gift Card is possible under the Terms and Conditions in force in Byinsomnia.com store. The refund for the returned goods shall be performed in electronic form as a new Available Balance on the Gift Card. Crediting the Gift Card with the value of returned goods restores the Card’s expiry date, i.e. in such case the period until expiry date is prolonged.
6. In the event of any problems in the execution of the Transaction using the Gift Card, the User will notify the Issuer via the helpline or e-mail sent to: sklep@byinsomnia.pl
7. Complaints related to the Gift Cards will be considered by the Issuer in writing, within 14 days from the date of submission of a written complaint by the Buyer or the User. Complaints may be submitted in writing to the Issuer’s address.
§6.
1. In matters not regulated herein, generally binding provisions of the law shall apply.
2. The Issuer, prior to topping up the Gift Card, and the User, prior to using the Card, are obliged to familiarise with these Terms and Conditions, Terms and Conditions of the Store, and Privacy Policy, and obey the provisions herein.
3. These Terms and Conditions are available at www.byinsomnia.com
4. The Issuer is obliged to present these Terms and Regulations to the Buyer/User in writing at their written request.
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