Gift cards terms of use • Pixers® • We live to change
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TERMS AND CONDITIONS OF GIFT CARD USE

I. GENERAL PROVISIONS

This document sets forth the general terms and conditions of sales of Gift Cards by PIXPLANET SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Warsaw (00 - 684 Warsaw ul. Wspólna 62) NIP no.: 7011108489, REGON no.: 52328471600000, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, XII Commercial Division of the National Court Register under KRS no. 0000995162, with a share capital of PLN 5,000; e-mail: kontakt@pixers.pl.

II. DEFINITIONS

Issuer - PIXPLANET SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Warsaw (00 - 684 Warsaw ul. Wspólna 62) NIP no.: 7011108489, REGON no.: 52328471600000, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, XII Commercial Division of the National Court Register under KRS no. 0000995162, with a share capital of PLN 5,000; e-mail: kontakt@pixers.pl

Gift Card - an electronic voucher issued to the bearer, which can be redeemed via the Website, of a value equal to the nominal value indicated thereon, having a unique code that can be used to purchase the Products offered on the Website

Customer - a natural person with full legal capacity, as well as a legal person or an organisational unit without legal personality, which is granted legal capacity by the applicable law, who transfers money to the Issuer on the Website in exchange for issuing a Gift Card

Sales Agreement - a sales agreement, as defined by the provisions of the Civil Code, concerning the sale of a Product by the Seller to the Customer for the specified price increased by any additional charges, in particular shipping costs

User – each holder of a Gift Card

Product - a product offered by the Seller via the Website and configured by the Customer, which can be the subject of a Sales Agreement

Terms and Conditions – these Terms and Conditions regulating the sale and use of Gift Cards

Website - the Seller's on-line sales platform, available to Customers at www.pixers.pl.

Order - a declaration of the Customer expressing his/her will to conclude a Sales Agreement remotely, submitted via the means of distance communication, specifying the Product to be the subject of the Sales Agreement and the Customer's personal data necessary for the conclusion and execution of the Sales Agreement

III. GENERAL PROVISIONS CONCERNING GIFT CARDS

  1. The Customer may purchase Gift Cards of the following value: USD 20, USD 40, USD 60, USD 80, USD 120, USD 200. The Customer may choose other value of the Gift Card, from 25 to USD 99999. Gift Card values shall be gross amounts denominated in US dollars.
  2. Gift Cards shall be available in electronic form.
  3. A Gift Card shall be valid for a period of 12 months from the day it is sent to the e-mail address indicated by the Customer.
  4. The User shall be entitled to use the Gift Card during its validity period.
  5. The funds available on the Gift Card cannot be exchanged to cash in full or in part and they shall be interest-free. A Gift Card cannot be used to pay for the purchase of another Gift Card and cannot be exchanged for another Gift Card.
  6. A Gift Card is not an electronic money instrument or a payment card within the meaning of applicable law.
  7. The issuance of a Gift Card to the Customer shall not constitute a sale subject to value added tax within the meaning of applicable tax regulations.

IV. RULES FOR THE PURCHASE OF GIFT CARDS

  1. Gift Cards shall be sold exclusively on the Website under the terms and conditions applicable to and made available on the Website.
  2. A Gift Card shall be purchased after the Customer places an Order. The Order for the Gift Card shall be placed in accordance with the instructions provided in the course of the purchase path, which are described in detail in the Terms and Conditions of Website Use, Chapter IV TERMS AND CONDITIONS OF CONCLUDING SALES AGREEMENTS.
  3. Gift Cards shall only be issued on the Website if the Customer makes a relevant payment and the amount equivalent to the Gift Card value is credited in the accounting system.
  4. Payments can be made by any method available on the Website.
  5. The Gift Card shall be delivered electronically to the e-mail address provided by the Customer without any additional shipping costs.
  6. The Issuer shall make every possible effort to send the Gift Card to the e-mail address provided by the Customer immediately (yet no later than within 24 hours after the full payment is made to the Issuer's bank account or after an information from the Payment Services Provider that the payment has been credited to the Issuer's account.

V. RULES FOR THE USE OF GIFT CARDS

  1. In order to use the Gift Card on the Website, the User shall be obliged to enter the code on the Gift Card in the appropriate field, as a result of which the price of the Product to be paid shall be reduced by the respective nominal value assigned to the Gift Card.
  2. The Gift Card may be used during a single purchase of a Product (or several Products within a single order).
  3. The User may use the Gift Card only once, i.e. during one order, within its validity period. In the event that the price of a Product purchased using the Gift Card is lower than the nominal value of the Gift Card, the remaining part of the nominal value of the Gift Card shall be cancelled and cannot be used for a subsequent purchase.
  4. If the funds on the Gift Card do not fully cover the price of the Product, the User shall be obliged to cover the remaining amount with his/her own funds.
  5. Gift Cards are not cumulative, which means that only one Gift Card may be used per Order.
  6. The Issuer shall not be liable for the consequences of a situation where the Gift Card cannot be used due to force majeure or circumstances for which the Issuer is not responsible.

VI. LIABILITY OF THE ISSUER

  1. The Issuer shall not be liable for the Gift Cards from the moment they are issued to the Customer. In particular, the Issuer shall not be liable for the loss or theft of the Gift Card after it is delivered to the Customer. The User shall be obliged to make every possible effort to protect the Gift Card against loss, theft or unauthorised use.
  2. The Issuer shall not allow the Customer or the User to report the loss of the Gift Card or to have it blocked due to the lack of such technical possibilities.
  3. UA Sales Agreement concluded with a Gift Card shall be valid regardless of whether the User of the Gift Card has come into possession of it legitimately or not. The Issuer is unable to verify the User of the Gift Card in any way.

VII. COMPLAINT PROCEDURE

  1. The Customer and the User shall have the right to make a complaint about the Gift Cards to the Issuer.
  2. Complaints may be submitted in electronic form and sent to: kontakt@pixers.pl or in writing to PIXPLANET SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Warsaw (00 - 684 Warsaw, ul. Wspólna 62).
  3. The complaint should include: full name, e-mail address of the Customer or the User, Gift Card code and description of the problem and the date of its occurrence, as well as the solution suggested by the Customer or the User.
  4. If the data or information provided in the complaint needs to be supplemented, the Customer or the User shall be requested to do so prior to handling the complaint.
  5. The Issuer shall promptly, yet no later than within 14 days from the date of receipt of a duly submitted complaint, process it and inform the Customer or the User of its decision.

VIII. WITHDRAWAL FROM THE SALES AGREEMENT FOR A PRODUCT PURCHASED WITH A GIFT CARD

  1. In the event that the User withdraws from the Sales Agreement for a Product purchased on the Website with a Gift Card, the User shall receive a refund of the amount withdrawn from the Gift Card to a new Gift Card with the validity period of the previous one.

IX. FINAL PROVISIONS

  1. In order to use the Gift Card, the User must read and accept these Terms and Conditions.
  2. These Terms and Conditions come into force on 14 October 2022.
  3. In matters not covered by these Terms and Conditions, the Terms and Conditions of the Website shall apply, available at: www.pixers.us/pages/terms-of-service.
  4. The Issuer shall process the personal data of the Customer and the User under the terms of the Privacy Policy available at: www.pixers.us/pages/privacy-policy.
  5. The Issuer reserves the right to amend the Terms and Conditions at any time.
  6. Amendments to these Terms and Conditions shall be published on the Website in the form of a consolidated text, along with information about their introduction.
  7. The Issuer shall notify the User of any amendments to these Terms and Conditions by e-mail sent to his/her e-mail address 15 days before such amendments become effective.
  8. The Issuer may amend the Terms and Conditions, including with immediate effect, without observing the 15-day notice period referred to above in the event that: a legal obligation is imposed on it, under which it is obliged to amend the Terms and Conditions in such a way that it is unable to comply with the aforementioned 15-day notice period, it needs to amend the Terms and Conditions in order to counteract an unforeseen and imminent threat to the provision of online intermediary services and protect the Users against fraud, malware, spam, data breaches or other threats.