Gift Card Terms and Conditions

TERMS AND CONDITIONS FOR USING THE GIFT CARD IN VANDA NOVAK STORES

1. DEFINITIONS

Capitalized terms used in these regulations have the following meanings:

• Issuer – Vanda Novak spółka z ograniczoną odpowiedzialnością, entered into the Register of Entrepreneurs of the National Court Register under KRS number 0000712700, tax identification number (NIP): 6751632399, business registry number (REGON): 369217883, with its registered office in Kraków (31-511), ul. Rakowicka 11, with the share capital of PLN 10,950;

• Stationary shop – a point of sale of goods run by the exhibitor located at the following address: Warsaw, ul. Mokotowska 51-53 lok. 65, 00-542 Warsaw,

• Online store – website through which the exhibitor sells goods, at the following address: www.vandanovak.com ;

• Gift card or card - a card and the points assigned to it, which together constitute a voucher or - if the card is issued in electronic form - the electronic equivalent of a voucher - issued to the bearer, entitling the holder to redeem it in a stationary store or an online store;

• Balance – current number of points assigned to the gift card,

• Purchaser – the person who purchases a gift card from the issuer;

• Holder – the purchaser or any other third party who holds the gift card,

• Goods – items offered for sale in a stationary store or online store.

2. GIFT CARD

1. A gift card enables you to purchase goods in the issuer's stationary store or online store and pay for the goods using the points assigned to the card.

2. A gift card is a paper card or an electronic card. A paper card is purchased in a brick-and-mortar store. An electronic card is purchased in an online store and sent to the buyer's email address. A buyer who purchased a card in an online store can receive a paper card only at their express request. In this case, the card will be sent to the address indicated by the buyer at the issuer's expense.

3. Each gift card contains a unique code.

4. Each gift card is assigned a number of points at the time of issue, either 300, 500 or 1,000 – depending on the purchaser’s choice.

5. Each point assigned to the gift card corresponds to the value of PLN 1 (one zloty).

6. The value of the gift card in zloty corresponds to the number of points assigned to that card.

7. The gift card is issued to the bearer.

8. A gift card purchased in a stationary store is non-refundable.

9. The Purchaser who has purchased a Gift Card issued in paper or electronic form (as an individually assigned unique code) via the Online Store may, without giving any reason, withdraw from the distance sales agreement within 14 (fourteen) calendar days by submitting an appropriate declaration of withdrawal (withdrawal form) to the Issuer.

10. By withdrawing from the Gift Card sales agreement, the Purchaser undertakes not to use the Gift Card until the Gift Card is returned. If, in the period between submitting a declaration of withdrawal from the Gift Card sales agreement and returning the Gift Card to the Issuer, the Purchaser/Holder redeems the Gift Card, the Issuer is released from the obligation to return to the Purchaser the amount paid for issuing the Gift Card to the extent that the Purchaser/Holder used the nominal value of the Gift Card.
    
    
11. The gift card cannot be exchanged for cash.
    
    

12. The points balance assigned to the Gift Card is not subject to interest, increase or indexation.

13. The provisions of the Act of 19 August 2011 on payment services do not apply to the gift card.

14. The gift card is valid for 12 months from the date of issue.

15. After the expiry date of the gift card, it is not possible to exercise the rights associated with it, even if the balance on the card at the time of its expiry is greater than zero. The purchaser or other cardholder is not entitled to claim a refund of any amount due to the unused points assigned to the card during its period of validity.

16. It is prohibited to sell a Gift Card for a price exceeding the current balance on the Card.

3. GIFT CARD ISSUANCE

1. Only the Issuer is entitled to issue a gift card.

2. The gift card is issued in a stationary store or online store, however, in an online store the gift card can only be obtained in electronic form.

3. The issuer issues a gift card to the purchaser in exchange for the purchaser paying the issuer a price corresponding in zloty to the number of points assigned to the gift card, i.e. PLN 300, PLN 500 or PLN 1,000.

4. The purchase of a gift card is not subject to any discounts.

5. Payment for a gift card is made in cash, by payment card or in another form provided in a stationary store or online store. Payment for a gift card cannot be made using another gift card.

6. The funds transferred by the purchaser as payment for the gift card become the property of the issuer upon payment.

7. The sale of a gift card does not constitute a sale subject to value added tax (VAT) within the meaning of applicable tax law.

8. The Issuer does not issue a VAT invoice for the delivery of a gift card.

4. GIFT CARD REDEMPTION

1. With a gift card, the holder can pay for goods purchased in the issuer's stationary store or online store within the validity period of the card.

2. In order to exercise the rights from the gift card, the holder is obliged, at the latest before finalising the purchase transaction of goods, to present the card to the staff of the stationary store or - if the transaction is made in the online store - enter the unique code of the gift card in the appropriate window on the website. The above action of the holder also constitutes authorisation for the issuer to make the transaction on the terms specified in these regulations.

3. At the time of the transaction, the sum of points assigned to the gift card is reduced by a number corresponding to the total amount of the price due to the issuer for the sale of the goods covered by the transaction. At the same time, the issuer's claim against the holder for payment of the price for the goods covered by the transaction is written off to the extent of an amount equal to the number of points that are reduced for the transaction.

4. If the price of the goods that are the subject of a transaction made by the holder using the gift card exceeds the balance amount, the customer is obliged and entitled to pay the missing part of the price in one of the forms of payment provided for in a stationary store or online store.

5. If the price of the goods that are the subject of the transaction made by the holder using the gift card is lower than the balance amount, the points not used in this transaction will be assigned to a new gift card, which will be issued by the issuer, sent to the holder to the email address indicated by them and left at the holder's disposal, and the expiry date will be the same as the expiry date of the previously issued card. The new card can be used to make another transaction until the points assigned to this card are exhausted.

5. LOSS, DESTRUCTION, UNAUTHORIZED USE OF A GIFT CARD

1. The holder is solely responsible for the loss or destruction of the gift card. A new card can only be issued in place of a lost one if the holder shows the issuer proof of purchase of the card.

2. The holder is obliged to make every effort to prevent use of the gift card by unauthorised persons.

3. The issuer is not obligated to verify whether the holder acquired the gift card or used the card in an authorized manner. The transaction made with the card remains valid and results in a corresponding reduction of the gift card balance, even if the gift card or the code assigned to it has been used by an unauthorized person.

6. RIGHTS AND OBLIGATIONS OF THE EXHIBITOR

1. The issuer has the right to refuse to accept payment by card if:

1. Your card has expired;

2. The balance on the card is zero;

3. There is a reasonable probability that the cardholder has obtained possession of the card in an unauthorised manner, or that the card has been tampered with, or that the balance on the card does not correspond to the actual balance.

2. The Issuer shall provide the technical means to determine the number of cards issued, unique codes assigned to cards and transactions made using cards – in a manner that enables the correct determination of the validity period of each card and the current card balance.

3. The Issuer is obliged to make every effort to ensure that the rights from the cards are exercised correctly. However, the Issuer reserves the right to temporarily suspend the possibility of making transactions using the cards in the event of a failure or the need to conduct technical work or modernize the infrastructure related to the use of the cards.

7. COMPLAINTS. WITHDRAWAL. RETURN OF GOODS

1. Every cardholder is entitled to file a complaint about the card.

2. A complaint can be filed during the entire validity period of the card in a stationary store or by using the contact methods indicated in the Regulations of the online store.

3. The issuer shall consider the complaint immediately, no later than 14 days from the date of its receipt, unless it is necessary to provide the issuer with additional information for its consideration and the issuer has requested such information from the holder. In such a case, the above period is counted from the date of such information being provided.

4. If the card has defects that make it impossible or significantly more difficult to use it for its intended purpose, the issuer will issue a new card to the holder at their request, with a balance assigned to it in an amount corresponding to the balance of the card subject to the complaint established at the time of issuing the new card. In such a case, the rights arising from the previously issued card that was subject to the complaint expire.

5. In the event of an effective withdrawal from the purchase of a gift card pursuant to legal regulations, the issuer shall refund the price paid for the card only in the amount corresponding to the balance of the card at the time the declaration of withdrawal reaches the addressee. At the same time, the rights from the card expire. Transactions made to date using the card remain in force.

6. If the holder, acting under the provisions of law or the regulations of an online store, successfully returns goods purchased using a gift card, the issuer will increase the card balance or issue the holder an additional gift card, and the increase in the balance or the balance of the additional gift card will correspond to the price of the goods subject to return.

8. FINAL PROVISIONS

1. The content of the regulations is made available in the stationary store and in the online store in a way that allows it to be saved on a computer or medium or printed.

2. The provisions of the privacy policy applicable to the issuer's online store apply to the processing of the buyer's personal data.

3. The purchaser and any other cardholder is obliged to comply with the provisions of these regulations.

4. The cardholder cannot plead the claim that the purchaser did not inform him of the content of the regulations when handing over the card.

5. The Issuer reserves the right to change the regulations, provided that such changes do not affect the rights of purchasers of cards already issued and holders using such cards.

6. The changes referred to above shall enter into force within 7 (seven) days from the date of publication of the new regulations.

7. Polish law applies to the legal relationship resulting from the issuance of the card.

8. The current wording of the Regulations is effective from 20/10/2023.