Terms and Conditions of Use of the Gift Card
1. Scope of Application :
1.1 These terms and conditions of use of this 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 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 the Shopping Centre withthe collaboration of it technical partner Giftify SA, Cantersteen 47, 1000Brussels, Belgium.
1.3 The Gift Card is issued and purchased only in stated currency. The Gift Card must be purchased in the legal tender currency of the country where it is issued.
1.4 No additional funds may be added to the GiftCard after the initial purchase, except in the event that a merchant refunds transaction on the Gift Card. These terms and conditions are available online at http://www.giftify.me/egc-tcu-en. 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 Cardholders 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 The maximum value that can be loaded onto the Gift Card without verification of the cardholder's identity is EUR 250. 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 EUR 250. The Gift Card will require an activation before use. This activation must be done within 3 months of purchase. This can be done at the information desk of your Shopping Centre or entering the number of your Gift Card and the order reference on the Shopping Center’s website 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 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 your 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 of the Shopping Centre
4.5.3 Online transactions.
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 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:
5.2.1. A transaction exceeds the funds available on the Gift Card; or
5.2.2. 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
5.2.3. If the Shopping Centre has reasonable grounds to believe that such action is necessary in order to comply with any legal obligation.
5.3. 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 Gift Card or to review your transactions, go to the Shopping Centre's info desk 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 Gift Card balance.
9. Gift Card Expiration
9.1. Both your Gift Card and the balance loaded ontoit will expire 12 months after the Gift Card's loading date, which is known asthe "expiration date". On that date, the Gift Card will cease tofunction and may not be used as a method of payment.
9.2. You can check the expiration date at the ShoppingCentre.
9.3. Once your Gift Card has expired, the remainingfunds cannot be used. You will not be entitled to any refund of your cardbalance.
10. Security Precautions
10.1. Your Gift Card is not allowed to be used by a third party without permission;
10.2. Only use the Gift Card or its number to enter into (or undertake to enter into) a transaction, and,
10.3. If your Gift Card is lost or stolen, or if you believe that it (or its number) may have been used illegally, you must:
10.3.1. Contact the Shopping Centre to block the Card.
10.3.2. Immediately stop using your Gift Card and its number.
10.4. If you find the Gift Card after reporting that it has been lost, stolen or illegally used, you must destroy it and notify the Shopping Centre as soon as possible.
10.5. You will be responsible for any use of your Gift Card until you have notified the Shopping Centre.
10.6. 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.
10.7. The Shopping Centre and it technical partner are not responsible for:
10.7.1. any abnormal or unforeseeable circumstances, for example, a failure of computer systems that occurs for reasons beyond their control, if this prevents them from providing a regular service;
10.7.2. any vendor who refuses to accept (or is late in accepting) your Gift Card or Gift Card number, or
10.7.3. In case of errors about transactions, call the Shopping Centre.
10.8. If your Gift Card is not working properly, you can get a new one at the info desk of the Shopping Centre. The remaining balance of your Gift Card will be transferred to the new Gift Card.
10.9. The balance already used before the Gift Card is blocked cannot be refunded.
10.10. 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
11.1. The terms and conditions of use, as well as the prices and additional charges, maybe modified at any time.
11.2. If modified, 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 its best to resolve any disputes over these terms and conditions.
12.2. If, for any reason related to the terms and conditions of use, you wish to file a complaint, please contact the Shopping Centre.
12.3. Before initiating any contentious procedure, an amicable solution should be sought. The European Commission offers a platform for alternative dispute resolution, which you can access from the following link: https://ec.europa.eu/consumers/odr/main/index.cfm
13. Privacy
The Shopping Centre and its technical partner undertake to take all necessary measures to protect the confidentiality of the data of Gift Card Purchaser and/or the Gift Card Holder. The personal information collected is processed only in a lawful manner and in compliance with the Regulation on the Protection of Individuals with regard to the Processing of Personal Data (EU Regulation 2016/679 of the European Parliament).
14. Cancellation rights
14.1. If you change your mind about the Gift Cardpurchase, that you made the purchase online and have not used the Gift Card,you have the option to cancel it within fourteen (14) days of the date ofpurchase. You will not be charged for cancelling the card during this period. TheShopping Centre’s technical partner will refund the Gift Card balance to youand any fees that you have paid in regards to the purchase.
14.2. The Shopping Centre’s technical partner 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 Info Desk of the Shopping Centre, unsigned and unused with your original sales receipt within fourteen (14) days of purchase and a full refund will be made.
14.4. The money may only be returned to the person whopurchased the Gift Card. To get a refund, the purchaser will need to provide aproof of identity (ID card/ Passport), his/her IBAN, the original receipt (orother proof) of purchase and the return of the Gift Card.
