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Gift Card Regulations

§1 DEFINITIONS

  1. The terms used later in the Gift Regulations have the following meanings:
  • Gift Code - an electronically generated code that allows the Buyer to purchase Services for the amount for which the code was purchased;
  • Consumer - consumer within the meaning of the Act of 23 April 1964 - Civil Code (Journal of Laws 1964 No. 16, item 93, as amended);
  • Buyer - a User who has concluded a framework agreement with the Seller for the provision of Services, an integral part of which is the Regulations accepted by the Buyer;
  • Buyer - a person or entity concluding an Agreement with the Seller, which may be both a person or entity conducting business activity, and a person or entity not conducting business activity. If the Buyer is a natural person, he or she must be of legal age and have full legal capacity.
  • Regulations - Regulations defining the rules for the provision of Services by the Seller on the Website and the rules for using the Website, available at https://carpetsandmore.pl/regulamin
  • Gift Regulations - these Regulations for the sale of Gift Codes, available at https://carpetsandmore.pl/regulamin/karta-podarunkowa
  • Website - the Seller's website, available at www.carpetsandmore.pl
  • Seller - CARPETS & MORE Magdalena Świerlikowska, Wiertnicza 169, 02-952 Warsaw, NIP 5321384366
  • Agreement - a Gift Code sale agreement concluded remotely by the Seller with the Buyer, an integral part of which is the Gift Regulations;
  • Service - a service or services provided by the Seller in accordance with the Regulations;
  • User - the Buyer or the holder of the Gift Code.

§2 GENERAL PROVISIONS

  1. The Regulations define the rules for the sale by the Seller of the Gift Code and the conditions for the use of the Gift Code by the Buyer.
  2. In order to purchase a Gift Code, the Buyer concludes an Agreement with the Seller, accepting the content of the Gift Regulations. By accepting the content of the Gift Regulations, the Buyer who is a natural person requests that the performance of services under the Agreement should begin before the deadline to withdraw from the Agreement. The Seller is ready to activate the Gift Code upon receipt of the Gift Code by the User. Therefore, despite the Buyer's withdrawal from the Agreement, the Buyer shall not be entitled to a refund of the funds paid under the Agreement for the purchase of the Gift Code, if it was activated before withdrawal from the Agreement.
  3. The conclusion and performance of the Agreement is allowed only for purposes consistent with the law and the Regulations.
  4. The conclusion of the Agreement does not entitle the User to use the Seller's Services. In order to use the Services, it is necessary to conclude a separate framework agreement for the provision of Services, the integral part of which is the Regulations accepted by the Buyer.
  5. To conclude the Agreement, it is required to have a device with Internet access, equipped with the Windows, Linux, MAC OS, Android or iOS operating system and the Internet Explorer, Google Chrome, Opera, Mozilla Firefox or Safari web browser.
  6. Contact with the Seller is possible: 1. by phone: +22 112 01 392. by e-mail to the following address: orders@carpetsandmore.pl 

§3 GIFT CODE

  1. The Gift Code may only be used by the Buyer. Activation is required to redeem the Gift Code.
  2. After its activation, the Gift Code enables the Buyer to purchase a limited scope of the Services provided by the Seller. It is not possible to purchase services or goods provided by entities other than the Seller using the Gift Code.
  3. After the conclusion of the Agreement, it is not possible to increase the value of the Gift Code.
  4. It is not possible to activate a Gift Code that has expired or a Gift Code that has already been activated.
  5. The expiry date and the value of the Gift Code are given in the e-mail sent by the Seller after the conclusion of the Agreement to the e-mail address provided by the Buyer and is 12 months from the date of purchase.
  6. In order to activate the Gift Code, the Buyer enters the code number in the basket during the purchase in the "gift card" place. In order to activate the code during the execution of an order in a stationary store, the Buyer is obliged to provide the Seller with the Gift Code number and the e-mail address to which it was sent, which is used to identify the user.
  7. Activating the Gift Code is tantamount to transferring funds to the Seller for the purpose of paying for the Products. Activation of the Gift Code is one-time and will expire. The Buyer is informed about the activation of the Gift Code in the manner specified in the Regulations, within 1 day from the moment the Buyer contacts the Company to activate the Gift Code.
  8. The Gift Code may only be used by and for one Buyer.
  9. The Gift Code is valid until it is activated, no longer than for 12 months from the date of the Agreement. The Gift Code becomes invalid on the expiry of its validity period.
  10. In order to receive a refund before the expiry of the Gift Code, the User may contact the Seller via orders@carpetsandmore.pl to submit a request for funds. The funds are transferred to the User's payment account indicated to the Seller by the User. The transfer of funds is of a one-off nature. In particular, the Seller will not transfer the funds if they have already been transferred to the User due to the expiry of the validity of the given Gift Code.
  11. The Seller does not verify the manner in which the User obtained access to the Gift Code. The User is obliged to keep the Gift Code secret and not to disclose it to unauthorized entities. The Seller is not responsible for the loss of the Gift Code by the User. However, at the request of the User, the Seller will send the lost Gift Code again to the e-mail address provided by the Buyer at the conclusion of the Agreement.
  12. The Gift Code does not allow for the submission of payment orders and is not a payment instrument, in particular a payment card. The sale and use of a Gift Code also does not constitute a payment service or the issuance or distribution of electronic money. The amount received by the Seller for the sale of the Gift Code is not subject to interest and the User is not entitled to any benefits. The Gift Code is accepted only by the Seller.
  13. The rules for the provision of Services by the Seller and payment for them by the Buyer using the Gift Code are set out in the Regulations.

§4 SALE OF A GIFT CODE

  1. The Buyer may purchase the Gift Code for the amount specified by the Seller. The Buyer may acquire the Gift Code for himself or for the benefit of a third party.
  2. The purchase can be made by purchasing the product "Gift card" purchase available on the site https://carpetsandmore.pl/product/karta-upominkowa.
  3. In order to conclude the Agreement and make the purchase, the Buyer selects the number and value of the purchased Gift Codes and provides his e-mail address, accepts the Gift Regulations, and then proceeds in accordance with the information displayed on the website.
  4. After the Buyer approves the entered data by clicking the "Order" button, the Seller provides the Buyer's e-mail address indicated in the purchase basket with the confirmation of the conclusion of the Agreement, including the content of the Agreement, including the content of the Gift Regulations. The contract is concluded upon approval of the entered data.
  5. Payment for the Gift Code is made immediately after the conclusion of the Agreement and is a condition for the Seller to make the Gift Code available.
  6. The buyer may make the payment:
    • via the internet payment operator indicated by the Seller or
    • with the use of a payment card.
  7. The payment to the Seller shall be deemed made upon the crediting of the Seller's account, unless the Seller informs the Buyer in advance about the effective payment.
  8. It is not possible to purchase a Gift Code with or in exchange for another Gift Code.
  9. After making the payment to the Seller, the Seller provides the Buyer's e-mail address provided in the purchase form with a message containing the confirmation of receipt of the order and the Gift Code, subject to the paragraph below. At the request of the Buyer, the Seller will issue a document confirming the purchase of the Gift Code by the Buyer. In order to submit a request, the Buyer contacts the Seller via zamowienia@carpetsandmore.pl

 

§5 WITHDRAWAL FROM THE CONTRACT

  1. The provisions of this paragraph apply only to Buyers who are natural persons.
  2. The Buyer has the right to withdraw from the Agreement without giving reasons within 14 days from the date of the Agreement.
  3. The Buyer may withdraw from the Agreement by submitting a declaration of withdrawal from the Agreement to the Seller. The declaration may be submitted on the form, a specimen of which is attached to the Regulations. To meet the deadline referred to in paragraph 33 it is enough to send the statement before its expiry.
  4. In the event of the Buyer withdrawing from the Agreement, the Agreement shall be considered void. The buyer does not bear the costs related to the withdrawal, except for the costs referred to in paragraph 38. In such a case, if the Buyer has paid the Seller the price under the Agreement, the Seller shall return it to the Buyer immediately, not later than within 14 days from the date of receipt of the declaration of withdrawal from the Agreement, subject to paragraph 38. The return is made only to the account indicated by the Buyer and belonging to him and is initiated by the Seller within 7 working days from the date of receipt of the Buyer's statement on withdrawal from the Agreement.
  5. The declaration of withdrawal may be submitted in writing to the address of the Seller's registered office or sent by e-mail to the following address: mailto: zamelki@carpetsandmore.pl
  6. In the event of sending a declaration of withdrawal by e-mail, the Seller shall immediately send to the e-mail address provided by the Buyer confirmation of receipt of the declaration of withdrawal from the Agreement.
  7. Due to the fact that the Buyer, in accordance with sec. 3 demanded that the performance of services under the Agreement should commence before the expiry of the withdrawal period, the withdrawal from the Agreement shall not affect the obligation to pay the price for the Gift Code, if the declaration of withdrawal is submitted by the Buyer after the Buyer has activated the Gift Code. In this case, the Buyer shall not be entitled to a refund of the funds paid under the Agreement for the purchase of the Gift Code, and the withdrawal from the Agreement shall not affect the Buyer's rights acquired in connection with the activation of the Gift Code.
  8. Withdrawal from the Agreement, prior to the activation of a valid Gift Code, will invalidate that Gift Code.

§6 COMPLAINT PROCEDURE

  1. Complaints about the services provided by the Seller under the Gift Regulations may be submitted: by e-mail to the following address: biuro@carpetsandmore.pl
  2. The Seller shall inform the Buyer about the method of considering the complaint within 30 days from the date of receipt of the complaint. The reply to the complaint is provided by the Seller to the Buyer by sending an e-mail to the address indicated by the Buyer.
  3. If the Buyer is a Consumer and has submitted a complaint to the Seller, but for some reason the complaint has not been recognized, he may apply for mediation or a settlement to one of the arbitration courts operating at the provincial inspectorates of the Trade Inspection. More information is available on the UOKiK website: https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
  4. We would also like to inform you about the existence of the ODR (European Online Dispute Resolution Platform) and the possibility of using it to resolve disputes. The ODR platform is available at: http://ec.europa.eu/consumers/odr/.

§7 FINAL PROVISIONS

  1. The Gift Regulations are available for download on the website https://carpetsandmore.pl/regulamin/karta podarunkowa
  2. All data and information provided by the Buyer should be truthful.
  3. The Seller uses Polish in relations with Buyers who are natural persons.
  4. The law applicable to the conclusion and performance of the Agreement and all obligations arising therefrom is Polish law.
  5. Any disputes related to the conclusion or performance of the Agreement will be settled by a common court having jurisdiction over the seat of the Seller. If the Purchaser is a natural person, disputes will be settled by the competent local and material court.

Attachment:

  1. A model withdrawal form