GIFT CARD REGULATIONS - Galeria Katowicka
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GIFT CARD REGULATIONS

GIFT CARD REGULATIONS

§ 1 REGULATION SCOPE

These regulations define the rules for the purchase and use of Gift Cards issued by Crunch Payments Limited based in Brentwood, in particular the rights and obligations of the Gift Card Holders and Issuer.

§ 2 DEFINITIONS
Phrases written in these regulations with a capital letter have the following meanings:

Merchant – an entrepreneur running a business in the Shopping Center, who accepts payment using Gift Cards as a method of payment for his goods or services;
Shopping Center – a shopping center whose name is placed on the Gift Card;
Business Day – every day from Monday to Friday, except public holidays in the Republic of Poland in accordance with the relevant regulations;
Card machine – a self-service device enabling the purchase of Gift Cards, including the payment of the price using a payment card via a payment terminal installed in this device;
Gift Card – a prepaid payment card issued by the Issuer to the bearer, which allows for the period of its validity to pay for goods or services purchased only in the Shopping Center from Merchants, up to the amount of the current Balance available on this card. Gift Cards allow you to make payments with the use of a magnetic stripe and do not have the functionality of ordering payment transactions contactless (contactless);
Top-up Amount – the balance of the Gift Card at the time it is issued to the Buyer;
Buyer – a person who purchases a Gift Card from the Publisher, including through other entities, in exchange for providing the Publisher with cash in the amount equal to the Gift Card Top-Up Amount;
Card Validity Period – a period of 12 months from the date of activating the Gift Card on the terms set out in § 4 of the Regulations;
Holder – the Buyer or another person who uses a Gift Card to pay for the goods or services of the Merchant;
Point of Sale – a place in a Shopping Center where Gift Cards are sold through Apps, issued for this Shopping Center;
Regulations – these regulations;
Gift Card Balance – the amount of cash on the Gift Card;
Publisher – Crunch Payments Limited, headquartered in Brentwood, Brent Hall Warley Gap, LittleWarley, London, CM13 3DP, registered in the UK Commercial Register under number 11929149.

§ 3 PURCHASING GIFT CARDS

The Issuer issues Gift Cards to Buyers in exchange for the funds received from the Buyer in the amount corresponding to the Top-Up Amount.
The minimum top-up amount is PLN 50 or higher, depending on the decision of the Shopping Center.
The maximum amount of top-up is PLN 1,000 or PLN 4,000 and depends on the decision of the Shopping Center. Detailed information on this subject can be obtained by calling the Customer Service Office at +48 22 188 1909 (telephone connection fee in accordance with the rates of the network operator) or to the Point of Sale in the Shopping Center.
The Gift Card cannot be issued in exchange for money on another Card
Gift card.
Gift Cards can be distributed, depending on the decision of a given Shopping Center:
a) at the Point of Sale of a given Shopping Center or
b) in Kartomat or
c) on the website www.finpay.pl or
d) on the dedicated website of a given Shopping Center.
Information on the distribution channels of Gift Cards available for a given Shopping Center can be obtained at this Shopping Center or by calling the Customer Service Office at +48 22 188 1909 (telephone connection fee in accordance with the rates of the network operator).
The purchase of a Gift Card at a Point of Sale may require the Buyer to provide his personal data in the situations indicated in the Privacy Policy. The data controller is the Publisher. The scope of personal data referred to in the first sentence of this paragraph and the rules for their processing are specified in the Privacy Policy.
Along with the Gift Card, the Buyer receives a confirmation of topping up the Gift Card.
The Gift Card purchased at the Point of Sale or at the Card Machine shall be issued immediately after the payment of the Top-up Amount.
The rules and deadlines for issuing Gift Cards purchased on the website are specified in separate regulations available on the website www.finpay.pl.

§ 4 ACTIVATION OF THE CARD

In order to use the Gift Card, it must be activated.
Depending on the Buyer’s decision, the Gift Card purchased at the Point of Sale may be activated:
a) directly upon its purchase, or
b) on another date, within 12 months from the date of issuing to the Buyer a given inactive Gift Card, using the activation code provided to the Buyer together with the inactive Gift Card.
The Gift Card distributed via the Cardomat is activated upon its purchase.
The rules and dates for activating Gift Cards purchased on the website are specified in separate regulations

n.
Activation of Gift Cards referred to in sec. 2 lit. a. and in sec. 3 above takes place no later than 30 minutes after the given Purchaser’s Gift Card is issued.
In order to activate the Gift Card referred to in sec. 2 lit. b above, the Holder should provide at the Point of Sale or by calling the Customer Service Office at +48 22 188 1909 (connection fee according to the network operator’s rates) the number of the Gift Card and the code provided to the Buyer when purchasing the Gift Card to activate it. The code can be found on the confirmation of topping up the Gift Card. Activation of the Gift Card in the cases specified in the preceding sentence takes place within 30 minutes from the moment of transferring the data indicated in the preceding sentence to the Point of Sale or to the Customer Service Office.

§ 5 USE OF THE GIFT CARD

The Gift Card may be transferred by the Buyer to a third party, who becomes its Holder. Each Holder is entitled to use the Gift Card.
The Gift Card may only be used to make payments in the Shopping Center for which it was issued for goods or services purchased from Merchants. In some Shopping Centers, the Gift Card may not be accepted in some stores (information about the list of stores in a given Shopping Center that do not honor the Gift Card is available at the Point of Sale of the Shopping Center for which it was issued and at the Customer Service Office number (connection fee in accordance with the rates network operator).
The Gift Card cannot be used to withdraw cash from an ATM or pay for goods or services provided via post, telephone, Internet, mobile phone operators and self-service checkouts, or to make other transactions where the Holder is not present.
Payment with a Gift Card is possible only:
a) during the Card Validity Period;
b) if the Gift Card has been activated;
c) if the Gift Card has not been destroyed or damaged in such a way that it cannot be used;
d) up to the current Balance of the Gift Card.
Each Holder authorizes transactions with a Gift Card by placing a signature on the proof of transaction.
Gift Card transactions are made in Polish zlotys.
The balance of the Gift Card is each time reduced by the price of the goods or services for which the Gift Card was paid.
The Holder is not entitled to receive the change in cash if the value of the goods or services for which he has paid with the Gift Card is lower than the current Balance of the Gift Card.
In a situation where the value of the purchased goods or services is higher than the current Balance of the Gift Card, the Holder is obliged to pay the Merchant the difference in price in a manner accepted by the given Merchant, if the Merchant allows the payment for his goods and services partly with the use of the Gift Card and partly using a different payment method.
The Holder may make payments with the use of the Gift Card many times until the current Balance of the Gift Card is exhausted or until the Card Validity Period has expired. The Holder may check the current Balance of the Gift Card and the Card Validity Period:
a) by calling the Customer Service Office number +48 22 188 1909 (call fee in accordance with the rates of the network operator);
b) on the website www.finpay.pl by entering the Gift Card number visible on the back of the Gift Card above the QR code;
c) at the Point of Sale or Giftomat in the Shopping Center where the Gift Card was purchased;
d) by scanning the QR code visible on the back of the Gift Card with a smartphone.
The Gift Card cannot be exchanged for cash in whole or in part. The rules set out in the preceding sentence also apply in the event of failure to use all funds on the Gift Card during its validity period.
The funds accumulated on the Gift Card do not bear interest.
The Gift Card may not be topped up after its purchase, except when the Merchant refunds funds from the transaction for the Gift Card. In such a case, the return of funds to the Gift Card will not take more than 7 days from their receipt by the Publisher from the Merchant.

§ 6 VALIDITY OF THE GIFT CARD

The Gift Card is valid for the next 12 months from the date of its purchase. After 12 months from the date of purchase, the Gift Card expires, and the unused Gift Card Balance is not refundable.
The Holder has the right to renew the Gift Card within 90 days from the date of expiry of the Card Validity Period. Renewing a Gift Card consists in restoring the possibility of using the funds on the Gift Card when the Gift Card expires, less the fee due to the Publisher for renewing the Gift Card. The funds will be made available on the new Gift Card.
In order to renew the Gift Card, the Holder after

should go to the Point of Sale or to the Cardomat in the Center for which the Card was issued, carrying a Gift Card, the validity of which has been expired.
The Gift Card is renewed on the same day on which the Holder reports to the Point of Sale or the Card Machine.
The Holder may be asked to provide additional information to prove that he or she is the rightful Holder of the Gift Card.
The validity of the Gift Card may be extended up to a maximum of 15 months from the date of its activation. Thus, the Holder may use the renewed Gift Card for the period from the date of its renewal up to the end of the 15th month from the date of its purchase. Upon the expiry of the period referred to in the preceding sentence, the Gift Card loses its validity, and the unused Gift Card Balance is not refundable. It is not possible to renew the Gift Card.
The Holder is obliged to pay the fee referred to in § 10 of the Regulations for the renewal of the Gift Card. The fee will be deducted by the Publisher from the amount of funds available on the renewed Gift Card before it is issued to the Holder.

§ 7 CONNECTION OF GIFT CARD BALANCES

The Holder has the right to combine the funds on several Gift Cards issued for the same Shopping Center, the validity of which has not yet expired. For this purpose, the Holder should present the Gift Cards, the Balances of which are to be combined at the Point of Sale in the Shopping Center, for which the Combine Gift Cards have been issued.
For the combination of funds on several Gift Cards, the Publisher charges a fee referred to in § 10 of the Regulations.
The funds will be made available on the new Gift Card.
The validity period of the new Gift Card expires 12 months from the date of its issue.
It is not possible to combine funds from Gift Cards issued for the Shopping Center, for which the distribution of Gift Cards does not take place at the Point of Sale.

§ 8 LOSS OF OR DAMAGE TO THE GIFT CARD

In the event that in order to purchase a Gift Card, the Publisher requires the Buyer to provide him with his personal data in accordance with the Privacy Policy, the Holder may reserve a Gift Card that has been lost or damaged by him. For this purpose, the Holder should contact the Customer Service Office at the telephone number +48 22 188 1909 (telephone connection fee in accordance with the rates of the network operator).
In order to reserve the Gift Card, the Holder is obliged to provide the details of the Purchaser of the Gift Card.
If a Gift Card is blocked, the Publisher blocks the use of the reserved Gift Card and issues a new Gift Card to the Holder in place of the reserved Gift Card. The balance of the new Gift Card is equal to the sum of funds remaining on the reserved Gift Card at the time of its reservation, less the fee charged by the Publisher in accordance with § 10 of the Regulations. The collection of a new Gift Card is possible at the Point of Sale in the Center for which the Card was issued.
The validity period of the Card issued in place of the reserved Gift Card expires 12 months from the date of its issue.

§ 9 RETURN OF THE GIFT CARD

1. The Buyer who, in order to purchase a Gift Card, was asked to provide personal data in accordance with the Privacy Policy, may withdraw from the Gift Card purchase agreement and return it to the Publisher, if:
a) the period of 14 days from the date of purchase of the Gift Card has not expired;
b) the Buyer will provide the Issuer with a Gift Card at the Point of Sale where the Gift Card was purchased;
c) The balance of the Gift Card is equal to the Reload Amount;
d) The Purchaser shall present a payment card with the same number as the payment card used to pay the Top-up Amount, if the Gift Card was topped up with a payment card.
The Holder who is not the Purchaser is not entitled to withdraw from the Gift Card contract and return it to the Publisher.
After the Buyer withdraws from the Gift Card purchase agreement and returns it to the Issuer in accordance with the provisions of paragraph 1 above, the Publisher will reimburse the Buyer with cash equal to the Top-Up Amount of this Gift Card in the same way as the Buyer provided the Publisher with cash to purchase the Gift Card, with the reservation that the Shopping Center in which the Gift Card was purchased may specify the manner of Buyer’s cash back (detailed information is available in a given Shopping Center or at the number of the Customer Service Office (call fee in accordance with the rates of the network operator).
The rules for returning the Gift Card purchased on the website are set out in separate regulations.

§ 10 FEES

The publisher charges the following fees:

a) for the renewal of funds on the Gift Card: PLN 30
b) for issuing a new Gift Card in place of a lost or damaged Gift Card in situations specified in the Regulations: PLN 30;
c). for the connection

funds from several Gift Cards: PLN 3 for each card used in the process of pooling funds, i.e. the fee for combining funds from 2 Gift Cards will be PLN 3 for each Card from which the funds are to be transferred and PLN 3 for a new Gift Card to which the funds are to be transferred will be transferred. This means that the total fee in the example used will be PLN 9.

§ 11 COMPLAINTS

Any complaints regarding non-performance or improper performance by the Publisher of services provided under the Regulations may be submitted:
d) by e-mail to the following address: Karta@finpay.pl;
e) in writing to the address of FinPay sp.z o.o. ul. Tuwima 8/2, 42-217 Częstochowa.
It is recommended to attach to the complaint documents that justify it and may be helpful in resolving the complaint.
In the event of a complaint regarding a Gift Card that is damaged to the extent that it cannot be properly used, the Holder is obliged to deliver the Gift Card to which the complaint relates together with the complaint. If the complaint is accepted, the Publisher will issue the Holder with a new Gift Card, supplemented with the amount equal to the funds accumulated on the damaged Gift Card at the time of its transfer to the Publisher. The validity period of the Gift Card issued in place of the damaged Gift Card will be 12 months from the date of its top-up.
The publisher will consider all complaints related to Gift Cards within 14 days from the date of filing the complaint. The Holder will be informed of the decision regarding the complaint in writing to the address (including e-mail address) indicated in the complaint.
The provisions of the Regulations do not infringe the rights of Buyers or Holders provided for by generally applicable law.

§ 12 PROCESSING OF PERSONAL DATA

The administrator of personal data processed in connection with the distribution and use of Gift Cards, as well as in connection with the submission and processing of complaints is the Publisher.
The scope of data that is collected and processed in connection with the distribution and use of Gift Cards each time depends on the value of topping up the Gift Card, i.e. the balance of the Gift Card at the time it is issued to the Buyer.
In the case of a Gift Card, the top-up value of which is not higher than PLN 1,000, the Publisher will process the data to the extent necessary to perform the Gift Card agreement, including the Gift Card’s data, including its number, top-up value, history of charges, current Card balance. A Gift Card and an e-mail address, if the Buyer decides to receive a confirmation of topping up the Gift Card to the e-mail address provided.
In the event of a complaint regarding the use of a Gift Card, personal data of the Purchaser or the Holder and / or their representatives, included in the complaint and collected in connection with its consideration, will also be collected and processed. This includes identification and contact details, as well as information on the submission and its consideration by the Publisher.
In the case of a Gift Card, the top-up value of which is higher than PLN 1,000, in addition to the data indicated above, for the purposes of verification of the Buyer and persons representing the Buyer, additional personal data of the Buyer and / or his representative, including name, surname, address will also be collected and processed. of residence, e-mail address, telephone number and also the series and number of the ID card when paying in cash.
If the value of topping up the purchased Gift Cards exceeds the amount of PLN 4,000, the Publisher will collect and process the series and number of the ID card, regardless of the selected form of payment.
Providing data is voluntary. In some cases, however, failure to provide data may result in the Publisher’s inability to conclude an agreement to issue a Gift Card or to use a Gift Card, as well as the Publisher’s inability to consider a complaint regarding the use of a Gift Card, accept a declaration of withdrawal from the Agreement for the purchase of a Gift Card or enable the reservation of a Gift Card.
Detailed information on the rules of personal data processing by the Publisher can be found in the Privacy Policy.

§ 13 FINAL PROVISIONS

By accepting the Gift Card, the Buyer accepts the content of the Regulations and undertakes to comply with its provisions. The Buyer and each Holder are obliged to inform the person to whom they provide the Gift Card about the content of the Regulations. By accepting the Gift Card, the Holder accepts the content of the Regulations and undertakes to comply with its provisions.
The Gift Card Agreement concluded on the basis of the Regulations is concluded in Polish.
The Buyer and the Holder may contact the Publisher regarding the services provided on the basis of
Regulations in the form of:
a) in writing to the following address: FinPay sp.z o.o. ul. Tuwima 8/2, 42-217 Częstochowa;
b) electronic mail to the address: Karta@finpay.pl;
c) by calling the Offices a Customer Service to the number +48 22 188 1909 (connection fee in accordance with
network operator rates).
The rules for the processing of personal data in connection with the conclusion and performance of the contract concluded on the basis of the Regulations are set out in the Privacy Policy.
The content of the Regulations and the Privacy Policy is available on the websites www.finpay.pl and at Points of Sale.
For all matters not covered by the Regulations, the provisions of the Civil Code shall apply, and in the case where the Buyer or the Holder is a consumer – also the provisions of the Act of 30 May 2014 on consumer rights.
Disputes that cannot be resolved by agreement between the Parties shall be settled by a common court having jurisdiction over the place of residence or seat of the Buyer or the Holder.