REGULATIONS OF USING GIFT CARDS ISSUED BY SZOPEX- DUTKIEWICZ SP. Z O. O. SP. K.
§ 1 Glossary
1.Terms used in this document are explained below:
a.Issuer – SZOPEX- Dutkiewicz sp. z o. o. sp. k. with its registered office in Olsztyn, address: ul. Marka Kotańskiego 6, 10-166 Olsztyn, entered in the Register of Entrepreneurs of the National Court Register managed by the District Court for Olsztyn, 8th Commercial Division of the National Court Register under number 0000724788, NIP 739 020 22 40.
b.Gift Card – bearer gift voucher, issued in a form of a card by the Issuer and designated to be used in shops.
c.Purchaser – a natural person with full legal capacity for acts in law, a legal person or an organisational entity not possessing legal capacity, with special provisions granting them legal capacity, as well as a natural person with limited legal capacity for acts in law acting with their legal representative’s consent, buying a Gift Card.
d.User – each owner of a Gift Card.
e.Product – a good on sale offered by the Issuer.
f.Shop – stationary retail outlet or an online shop owned by the Issuer in which the purchase or use of a Gift Card is possible. The current list of shops is available here.
g.Regulations – this document; it specifies how to purchase, activate and use a Gift Cards, how it is issued, as well as rules the of a complaint procedure.
§ 2 General provisions
1.The Issuer offers for sale Gift Cards with the face value of 100 zł, 300 zł or 500 zł (in online shops) as well as with the face value chosen by the buyer, expressed in full amount and in the range from 100 zł to 5000 zł (in Stationary Shops).
2.The Issuer is obliged to give the Gift Card to the Purchaser and accept it in retail outlets according to the rules set in these Regulations. The Purchaser is obliged to pay the face value of the Gift Card to the Issuer not later than in the moment of receiving it.
3.Initial face value of the Gift Card is equal to the amount of money paid to the Issuer by the Purchaser. The payment for the Gift Card cannot be made by means of another Gift Card.
4.The user is entitled to use the Gift Card only for three months from the moment of activation. After this period the right to use the Gift Card expires. The Purchaser or the User are not entitled to put in a claim for a refund of the face value of the Gift Card.
5.You cannot buy a Gift Card at a discount.
6.The User or the Purchaser has no right to exchange the Gift Card for money in full or in part.
7.The Regulations do not limit or infringe the rights of the User or the Purchaser ensuing from warranty. The Issuer is obliged to issue a Gift Card without any physical and legal flaws The Issuer is responsible for the flaws of the Gift Card as specified in the Civil Code Act of 23 April 1964 (Journal of Laws No. 16, item 93 as amended).
§ 3 Activation and issuing
1.The Issuer gives an active Gift Card to the Purchaser. In case of purchasing the Gift Card in a Stationary Shop the day of activation is the day of purchase. In case of purchasing the Gift Card online the day of activation is the day of giving the carrier the package with the Gift Card.
2.Along with the Gift Card the Purchaser receives from the Issuer:
a.a document confirming the transaction (on paper) stating at least: the number of the Gift Card, the expiration date (day, month, year), the date and amount of the transaction as well as the current Gift Card balance,
b.nonfiscal printout form the cash box constituting confirmation of payment (nor a fiscal receipt neither a VAT invoice).
3.The regulations of sale, payment for and delivery of a Gift Card purchased online, particularly consumers’ entitlements ensuing from concluding an online purchase agreement are specified in the regulations of particular online shops.
4.Issuing of a Gift Card follows the payment of the amount of money equal to the face value of the Gift Card to the Issuer.
§ 4 Rules of using
1.The Issuer honours only active and undamaged Gift Cards which possess all the security features preventing them from being counterfeited.
2.In order to use a Gift Card in a Stationary Shop the User, while purchasing the products, submits at the same time the Gift Card. The Gift Card is a bearer card. Purchase by means of a Gift Card is realized as a deduction of the amount of money on the Card equal to price of the Products, complying with section 3 of this text.
3.In order to use a Gift card in an online shop the User, while purchasing the Products in accordance with the Regulations of an online shop, chooses the box ‘Gift Card’ as the means of payment and follows the instructions appearing when they are placing the order. In case of using a Gift Card in an online shops a User is also entitled to settle the cost of the delivery of the Product by means gathered on the Gift Card.
4.When using a Gift card the User is not entitled to receive money as a change when the price of the bought product is lower than the current face value of the Gift Card (the amount stays on the Gift Card). In case when the price of the product is higher than the current face value of the Gift Card the User is obliged to pay the difference in price.
5.The Issuer has the right to refuse to accept a Gift Card in case of not having a technical possibility of using it (e.g. failure of IT system). In such a case the use of a Gift Card is possible after the problem is resolved. The Issuer will decline accepting the Gift Card after its expiry date as well as in case of insufficient funds on the Gift Card.
6.The User can use a Gift Card repeatedly until its face value is exhausted. The User is entitled to reload a Gift Card in the period of it being valid in a way similar to its purchase. When reloading a Gift Card in a Stationary Shop the User is obliged to have it with them.
7.The User can check the current face value of a Gift Card in any time. They can do it in a Stationary Shop or online (‘Gift Card’ bookmark).
8.In case of returning goods in Stationary Shops the User receives a Gift Card with a face value equal to the value of returned products. Details concerning the return of products are set out in the Return Policy available in Stationary Shops.
§ 5 Complaints
1.Complaints concerning the use of Gift Cards as well as other matters set out in these Regulations can be filed in Stationary Shops or via registered letter sent to the address:
SZOPEX- Dutkiewicz sp. z o. o. sp. k.- Dział Reklamacji (Complaints Department)
ul. Likusy 13, 11-041 Olsztyn with a note- „REKLAMACJA- Karty Podarunkowe” (‘Complaint – Gift Cards’).
2.Complaints will be dealt with within 14 days from the date of filing them to the Issuer.
3.In order to file a complaint the Purchaser or the User may fill in an exemplary complaint form.
4.The complaint should include: name and surname, address, the way of informing about whether the complaint has been declined or resolved, Gift Card number and the date of issue, the date of stating the fault and its description, the demand of the buyer and the proof of purchase of a Gift Card (eg. a document confirming the transaction or a nonfiscal printout from the cash box).
§ 6 Issuer’s Responsibility
1.At the moment of issuing a Gift card the risk of its losing, destroying or damaging is passed on to the Purchaser.
2.The Issuer does not bear the responsibility for using the Gift Card against the Regulations.
3.A Gift Card cannot be blocked or reserved.
4.To the widest acceptable extent of the existing applicable provisions of law the Issuer does not bear the responsibility for sharing by the Purchaser or a the User any data enabling a third party or a person that is not entitled to do it (that includes a person who illegally enters into possession of a Gift Card or illegally possessing the data enabling to realize a Gift Card in a manner described in article 4, section 3) to use a Gift Card.
§ 7 Rules of return and withdrawal from the agreement
1.A Gift Card bought in a Stationary Shop cannot be returned and the customer cannot withdraw from the purchase agreement (with the reservation stated in article 2, section 6 and the existing applicable provisions of law).
2.In case of buying a Gift card in an online shop, the Consumer has the right to withdraw from the purchase agreement based on the provisions of the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827 as amended).
3.Detailed information on the withdrawal from the purchase agreement concluded online, including the instruction on the right to withdraw, is available in the Regulations of an online shop, in which the Gift Card was purchased.
§ 8 Final provisions
1.When purchasing or using a Gift Card a Purchaser or a User accepts the Regulations in full and is obliged to follow their provisions.
2.A Purchaser or a User who received a Gift Card in a manner noncompliant with the Regulations or the existing applicable provisions of law is not entitled to use it.
3.A Gift Card is not an electronic payment instrument, especially not a credit card or a form of electronic money.
4.Issuing a Gift Card does not constitute a sale liable to VAT taxation as defined by the existing applicable provisions of tax law.
5.All matters not settled in these Regulations follow under the existing applicable provisions of Polish law, in particular the Civil Code provisions, the acts on Consumer Rights and provisions regarding bearer’s instruments of entitlement.
6.These Regulations are available on the website: sportowysklep.pl/info/karta-podarunkowa,184.html as well as in Stationary Shops.
7.The Issuer reserves the right to change these Regulations. Any changes become effective on the day pointed by the Issuer but not earlier than 7 days from making the changed version accessible in Shops as well as on the website: sportowysklep.pl/info/karta-podarunkowa,184.html. The changes introduced will not infringe the acquired rights of the Purchasers and Users.