GENERAL TERMS AND CONDITIONS OF SALE
These general terms and conditions of sale (referred to hereinafter as the «GT&CS») define and govern the means of accessing and browsing around the Website owned by Giftify and made available by Giftify to the Shopping Centre and they determine the rights and the obligations of the Gift Card Purchasers on the aforementioned Website.
By completing your order on the Website, you acknowledge that you are aware of these GT&CSs and you accept them.
Article 1. DEFINITIONS
Terms and Conditions of Use of the Gift Card - The terms and conditions of use of the Gift Card available at www.mahonpointsc.net.
Gift Card - The gift card bought by the Purchaser on the Website that consists of a physical prepaid payment card so that the electronic money acquired on the network designated by the Shopping Centre can be used.
Parties / Party - The Shopping Centre and the Purchaser or one of these parties when the singular form of the word is written.
Purchaser - You, the co-contractor who has ordered one or several Gift Card(s) on the Website.
Shopping Centre - Mahon Point Management Ltd with the registered office established at 33 Molesworth Street, Dublin 2, Ireland recorded in the Companies Registration Office (CRO) identified under the number 400306.
Us - Giftify S.A., a limited liability company whose registered office is located in Cantersteen 47, 1000 Brussels (Belgium), which is registered at the Banque Carrefour des Enterprises, also known as the Belgian Crossroads Bank Enterprises, identified under the number 0820.246.648.
User - The end user of the Gift Card. The Purchaser may or may not be the User of the Gift Card, depending on whether they use it themselves or give it to a third party.
Website - The website https://mahonpointsc.giftify.net/index.php owned and administered by Giftify, where the Gift Cards can be bought.
You - The Purchaser.
Article 2. GIFT CARD ORDER
2.1. One or several Gift Cards can be ordered on the Website. The amount loaded on the Gift Card can be selected by the Purchaser from the amount options that are available by default or chosen by the Purchaser within the limits displayed on the Website. The purchase price of the Gift Card(s) is the amount of the electronic money balance that can be used by means of the aforesaid Gift Card(s), which are subject to additional fees associated with processing the order, the delivery of the Gift Card(s) or the additional services (e.g. gift boxes). The Purchaser is clearly notified of the total price, along with the amounts of all the fees before the order is completed.
2.2. The order is accepted online when the Purchaser clicks on the appropriate button, which also conveys their unconditional acceptance of these GT&CS.
2.3. The Purchaser is sent the order confirmation immediately to the email address that they have provided.
2.4. The Purchaser can pay using the payment methods displayed on the Website. By placing the order, the Purchaser specifically agrees that they are authorised to use the actual payment method chosen to pay for their order.
2.5. Giftify is entitled to cancel or refuse to process any order made by a Purchaser, if they are or have been involved in any type of legal dispute over the payment of a previous order, or if Giftify has reason to believe that there is fraud associated with this or any previous order, without having to justify its decision.
Article 3. USE THE GIFT CARDS
3.1. The terms and conditions applicable to the use of the Gift Cards are specified in the Terms and Conditions of Use of the Gift Card available at www.mahonpointsc.net.
3.2. The Purchaser acknowledges that they are aware of the Terms and Conditions of Use of the Gift Card and by placing the order, they are deemed to accept them.
3.3. The User is responsible for how the Gift Card is used, whereby the Purchaser guarantees that the Terms and Conditions of Use of the Gift Cards shall be complied with if the person using it is someone else other than the Purchaser.
Article 4. ORDER AND DELIVERY PROCESSING TIME
4.1. Once the order has been placed on the Website and the payment has been validated the order will be processed and the Gift Cards shall be delivered or made available to the Purchaser pursuant to the option they chose from those available on the Website.
4.2. If an event of force majeure prevents the order from being processed or the Gift Cards being dispatched quickly, we are entitled to cancel the order. If an order is cancelled, the payment(s) made by the Purchaser shall be refunded and the Purchaser shall be notified immediately by means of an email sent to the email address they have provided.
4.3. If the Gift Card ordered is not in stock, we shall inform you immediately by email. In this case, the order shall be cancelled and the payment shall be refunded to the Purchaser.
4.4. The delivery times stated on the Website when the order is made are approximate. We try our best to comply with the delivery times stated but we do not guarantee such delivery times.
4.5. If the Gift Cards are delivered, they are sent using the courier service supplied by a third party chosen by the Purchaser when they make their order choosing one of the options proposed on the Website. The Gift Cards are delivered to the address specified by the Purchaser.
4.6. The Purchaser is informed about the different delivery rates and conditions before the order is placed.
4.7. Only one delivery address can be specified per order. If the Gift Cards have to be delivered to several addresses, the Purchaser should place separate orders for each of the delivery addresses.
4.8. The ownership and the risks associated with the Gift Cards are transferred to the Purchaser upon delivery.
Article 5. RIGHT TO CANCEL
5.1. If the Purchaser is a consumer, the Purchaser can cancel their order, free of charge without having to justify their decision, within a period of fourteen (14) days from when the Gift Card is issued.
5.2. To exercise the right to cancel your order, the Purchaser must notify Giftify about its decision by means of a clearly worded statement that is addressed to Giftify within the 14 day period. The notification can be sent by post or by email complaints@giftify.me. The sample withdrawal form available in Annex 1 of these GT&Cs should be used.
If you decide to cancel your order, you must send the Gift Card back, at your expense, within fourteen (14) days after having notified us of your decision, which is sent to the following address:
Giftify S.A., Cantersteen 47, 1000 Brussels, Belgium.
5.3. As soon as the request to cancel the order is received, the Gift Card in question will be disabled remotely.
5.4. If you decide to cancel your order, Giftify shall refund the price paid for the Gift Card or Gift Cards in question, which includes the delivery fees (except the additional fees arising from the fact that you have chosen, if necessary, another delivery method other than the cheapest standard delivery method that we suggest) as soon as possible and, in any case, no later than 14 days from the day when we are informed of your decision to cancel your order. Giftify shall issue the refund using the same payment method as the one you used for your order, unless you specifically agree to a different refund method; in any event, you shall not incur any expenses in connection with this refund (unless your bank charges you a fee).
5.5. Giftify is entitled to defer the refund until the physical Gift Card(s) that are associated with the cancelled order has/have been received, or until you have provided proof that it (or they) has/have been dispatched.
5.6. If the Gift Card(s) has/have been used, totally or partially, it/they cannot be returned. The Purchaser acknowledges and agrees that if a Gift Card is used, totally or partially, they are deemed to waive their right to cancel the associated order.
Article 6. COMPLIANCE AND WARRANTY
6.1. With regard to physical Gift Cards, and if the Purchaser is a consumer, the Purchaser benefits from the legal warranties provided for in consumer protection laws applicable in Belgium. In the event of non-compliance associated with a Gift Card, the Purchaser is required to notify Giftify immediately, and at the latest within two (2) months after they become aware of the non-conformity.
This warranty only covers the existing non-conformities when the Gift Card is delivered. The defects or flaws caused by any misuse, such as water damage, negligence and war, are not covered by this warranty.
6.2. In the event of warranty non-compliance related to the Gift Card, the Purchaser is required to return the faulty Gift Card to Giftify (Giftify’s address referred to in Article 5.2.). Giftify shall then issue another physical Gift Card automatically at no cost to the Purchaser or User.
Article 7. LIABILITY
7.1. The liability of Giftify is limited to the case of gross negligence or fraud. Under no circumstances whatsoever can Giftify be held responsible for any indirect damage (e.g. reputational damage, loss of profit or anything else) suffered by the Purchaser.
7.2. Giftify cannot be held liable for any inconvenience or damage arising from the use of the Internet network and related to force majeure, a service outage, external intrusion or a computer virus or any other event considered to be force majeure.
7.3. Insofar as it is permitted by law, Giftify will not be held responsible for any damage caused directly or indirectly by using the Website.
7.4. Giftify does not guarantee the smooth running of the Website. Insofar as it is permitted by law, Giftify will not be held liable in any way for a fault or Internet outage or any other direct or indirect damage that might arise due to accessing or using the Website. Giftify will not be held responsible either for any damage caused by a service outage, technical errors, a virus or any other factor that Giftify has no control over.
Article 8. PERSONAL DATA
8.1. Giftify respects your privacy and the General Regulation on Data Protection (GDPR). When you use the Website and place an order, Giftify may process some of your personal data. You can refer to Giftify’s privacy policy, to learn which personal data is collected and for what purposes. Giftify’s privacy policy is available here.
Article 9. INTELLECTUAL PROPERTY
9.1. All of the content on the Website, whether verbal, visual or audio, including the underlying technology and the domain name, are the exclusive property of Giftify. The use and the presentation of these elements on the Website do not entail any waiver of the rights of Giftify or any implied authorisation to use all or part of these elements, without the prior written consent of Giftify.
9.2. Any hypertext link sent illegally to the Website, whatever the technique used, is strictly forbidden (including but not limited to the ‘’framing’’ and the ‘’inline linking’’ ). Any illegal link must be removed upon request of Giftify.
Article 10. MISCELLANEOUS
10.1. In the event Giftify decides not to apply these GT&CS (or part of these GT&CS), this cannot under any circumstances whatsoever be interpreted as being a waiver of any of its rights in accordance with these GT&CS at a later date against the Purchaser or against any other Purchaser.
10.2. Communication between Giftify and the Purchaser shall be by email and in the English language only.
Article 11. COMPLAINTS, LAW AND COMPETENCE
11.1. All our rights and obligations, as well as those of the Purchaser are governed and must be interpreted pursuant to the laws of Belgium.
11.2. If you are not satisfied with Giftify’s services, you can send Giftify a complaint in writing to the following contact details:
Giftify SA, Cantersteen 47, 1000 Brussels, Belgium
Email: complaints@giftify.me
11.3. If you are a consumer and you are not satisfied with our service or how your complaint has been processed, you can appeal to a dispute resolution mechanism.
The European Commission has an online dispute resolution platform available which you can find here https://ec.europa.eu/consumers/odr/
11.4. Regardless of the legal binding derogatory provisions providing for the competence of other jurisdictions (for example for consumers), Giftify and the Purchaser can, as the plaintiff or the defendant, submit any dispute arising, directly or indirectly, from their contractual relationship or which is associated with it, to the courts and tribunals of Belgium.
Annex 1 – Withdrawal form
If you would like to cancel your order, please fill in this form and send it back by email at cardsupport@giftify.me
— For the attention of Giftify Support Team
— I/we (* ) would hereby like you inform you (*) that I/we would like to (*) withdraw from the agreement concerning the sale of the products (*)/for the provision of the service (*) stated below
— Order the (*)/received the (*)
— Name of the consumer(s)
— Address of the consumer(s)
— Signature of the consumer(s) (only if the notification is sent via a paper based print-out of this form).
— Date.