GENERAL TERMS AND CONDITIONS OF SALE
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 Giftify and made available by Giftify to the Shopping Centre, and they determine the rights and the obligations of the Gift Card Purchasers on the aforementioned website.
By completing your order on the website, you acknowledge that you are aware of these GT&CS and accept them.
ARTICLE 1. DEFINITIONS
General Conditions of Use of the Gift Card
The general conditions of use of the Gift Card.
Gift Card
The Gift Card acquired by the Purchaser on the Website consists of a physical prepaid payment card so that the electronic money acquired on the network designated by the Shopping Centre can be used.
GT&Cs
These Terms and Conditions of Sale.
Party(parties)
The Shopping Centre and the Purchaser or one of these parties when the singular form of the word is written.
Purchaser
You, the co-contractor who has ordered or acquired one or several Gift Card(s) on the Website.
Shopping Centre
SILVERBURN, [Silverburn Trustee Limited] with the registered office established at a company registered in Jersey, in its capacity as the trustee of Silverburn Unit Trust, a Jersey Property Unit Trust and whose registered office address is at 47 Esplanade, St. Helier, JE1 0BD Jersey, registered under the company number 121570.
Us
Giftify, a limited liability company whose registered office is located in Cantersteen 47, 1000 Brussels (Belgium), which is registered at the Banque Carrefour des Enterprises, also known as the Belgian Crossroads Bank Enterprises, identified under the number 0820.246.648.
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.
Website
The website silverburn.giftify.net of owned and administered by Giftify, where the Gift Cards can be bought.
You
The Purchaser.
ARTICLE 2. GIFT CARD ORDER
2.1. One or several Gift Cards can be ordered on the Website. The Purchaser can select the amount loaded on the Gift Card 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 by means of the aforesaid Gift Card(s), which are subject to additional fees associated with processing the order, the delivery of the Gift Card(s) or the additional services (e.g. gift boxes). The Purchaser is clearly 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 they 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. Giftify 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 Giftify 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 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 other than the Purchaser.
ARTICLE 4. ORDER AND DELIVERY PROCESSING TIME
4.1. Once the order has been made on the Website and the Purchaser has validated the payment, 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 the event of force majeure that prevents the order from being processed or the Gift Cards from being dispatched quickly, we are entitled to cancel the order. If an order is cancelled, the payment(s) made by the Purchaser shall be refunded, and the Purchaser shall be notified immediately by email to the email address they have provided.
4.3. If the product ordered is not in stock, we will email you to inform you immediately. In this case, the order will be cancelled, and the payment will 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 need to be delivered to several addresses, the Purchaser should make separate orders for each address.
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 having to justify their decision, 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 must notify Giftify about their decision within the aforesaid time period by means of a clearly worded statement addressed to Giftify. The notification can be sent by post or by email. The sample withdrawal form in Annex 1 of these GT&Cs should be used.
If you decide to withdraw from the agreement, you must send the Gift Card back, at your expense, within fourteen (14) days after having notified us of your decision, which is sent to the following address:
Giftify, Cantersteen 47, 1000 Brussels (Belgium),
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, Giftify 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. Giftify 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. Giftify is 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. If the Purchaser is a consumer of physical gift cards, the Purchaser benefits from the legal warranties provided for in laws applicable in Belgium. In the event of non-compliance associated with a Gift Card, the Purchaser is required to notify Giftify immediately and, at the latest, within two (2) months after they become aware of the non-conformity.
This warranty only covers existing non-conformities when the Gift Card is delivered. Defects or flaws caused by misuse, such as water damage, negligence, and war, 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 Giftify (Giftify’s address referred to in Article 5.2). Giftify shall then automatically issue another physical Gift Card.
ARTICLE 7. LIABILITY
7.1. Giftify's liability is limited to gross negligence or fraud. Under no circumstances whatsoever can Giftify be held responsible for repairing any indirect damage (e.g. reputational damage, loss of profit or anything else) suffered by the Purchaser.
7.2. Giftify cannot 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 intrusion or a computer virus or any other event considered to be force majeure.
7.3. Insofar as permitted by law, Giftify will not be held responsible for any damage caused directly or indirectly by using the Website.
7.4. Giftify does not guarantee the smooth running of the Website. Insofar as it is permitted by law, Giftify 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. Giftify will not be held responsible for any damage caused by a service outage, technical errors, a virus or any other factor that Giftify has no control over.
ARTICLE 8. PERSONAL DATA
8.1. Giftify respects your privacy and the General Regulation on Data Protection (GDPR). When you use the Website and place an order, Giftify may collect some of your personal data. You can refer to Giftify’s confidentiality policy, to know which personal data is collected and for what purposes. Giftify’s confidentiality policy is available here.
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, is the exclusive property of Giftify. The use and presentation of these elements on the Website do not entail any waiver of Giftify's rights or any implied authorisation to use all or part of these elements without the prior written consent of Giftify.
9.2. Any illegal hypertext link sent to the Website, whatever the technique used, is strictly forbidden (including but not limited to "framing" and "inline linking"). Any illegal link must be removed upon Giftify's request.
ARTICLE 10. MISCELLANEOUS
10.1. In the event Giftify decides not to apply these General T&Cs (or part of these GT&Cs), this cannot, under any circumstances, be interpreted as 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 Giftify and the Purchaser shall be in [English] by email.
ARTICLE 11. COMPLAINTS, LAW AND COMPETENCE
11.1. All our rights and obligations, as well as those of the Purchaser, are governed by and must be interpreted pursuant to the laws of Belgium.
11.2. If you are not satisfied with Giftify’s services, you can send them a complaint in writing with an acknowledgement of receipt by email to the following contact details:
Giftify SA, Cantersteen 47, 1000 Brussels, Belgium
Email: complaints@giftify.me
11.3. If you are a consumer and you are not satisfied with our service or how your complaint has been processed, you can appeal to a dispute resolution mechanism.
The European Commission has an online dispute resolution platform available, which you can find here: https://ec.europa.eu/consumers/odr/
11.4. Regardless of the legally binding derogatory provisions providing for the competence of other jurisdictions (for example, for consumers), Giftify and the Purchaser can, as the plaintiff or the defendant, submit any dispute arising, directly or indirectly, from their contractual relationship or which is associated with it, to the courts and tribunals of Belgium.
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 Sliverburn, Barrhead, G53 6AG, Glasgow
— I/we (* ) 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.