BYTOM GIFT CARD TERMS AND CONDITIONS
I. General
1.Capitalized terms herein shall have the following meaning:
“Issuer” – VRG S.A., with its registered office in Kraków (31-462), at Pilotów 10, listed in the register of business entities of the National Court Register, held by District Court for Kraków-Śródmieście in Kraków, 11th Commercial Division of the National Court Register, KRS no. 0000047082, NIP [Tax Identification Number] 6750000361, REGON [National Business Registry Number] 351001329, with a fully paid-up share capital of PLN 49,122,108.00.
“Store” – BYTOM brand store located in Poland, offering Goods and Services, excluding the online shop. The list of Stores is available at www.bytom.pl.
“BYTOM Gift Card” – a voucher entitling the bearer (User) to purchase Goods and/or Services at the Stores.
“BYTOM Silver Gift Card” – a BYTOM Gift Card that is silver in colour and contains a top-up code; a template is attached hereto as Appendix 1;
“BYTOM Golden Gift Card” – a BYTOM Gift Card that is golden in colour and contains a top-up code; a template is attached hereto as Appendix 2;
“Purchaser” – a person who purchases a BYTOM Gift Card from the Issuer in exchange for cash corresponding to the nominal value of the BYTOM Gift Card.
“User” – the Purchaser or any holder of a BYTOM Gift Card.
“Goods” – products offered for sale in the Stores.
“Services” – services offered in the Stores.
“Terms & Conditions” – BYTOM Gift Card terms and conditions, available in the Issuer’s Stores and at http://www.vrg.pl/kartapodarunkowa.
Reference to the singular includes a reference to the plural and vice versa.
2. The Terms & Conditions define the rules for acquisition and use of BYTOM Gift Cards.
3. BYTOM Gift Cards are issued in bearer form only. They can be purchased in the Stores. The Purchaser can acquire a BYTOM Gift Card worth from PLN 50.00 to PLN 5,000.00.
4. The Issuer is the owner of a BYTOM Gift Card. The Purchaser or the User is the holder of a BYTOM Gift Card. The Purchaser undertakes to pay the Issuer the nominal value of a given BYTOM Gift Card. Payment for a BYTOM Gift Card can be made in cash or by credit/debit card that is accepted in the Store.
5. Payment for a BYTOM Gift Card cannot be made with another BYTOM Gift Card.
6. A BYTOM Gift Card allows the bearer to purchase Goods and/or Services in the Stores only.
7. A BYTOM Gift Card is not an electronic payment instrument (as defined in applicable legal regulations) or a payment card.
8. A BYTOM Gift Card is activated upon its purchase by the Purchaser.
9. A BYTOM Golden Gift Card shall be valid and active for 12 (twelve) months of its activation in accordance with article 8 of the Terms & Conditions or the date of its most recent top-up. A BYTOM Silver Gift Card shall be valid and active for 12 (twelve) months of its activation in accordance with article 8 of the Terms & Conditions or the date of its most recent top-up, yet no longer than until December 31, 2020.
10. BYTOM Gift Cards can only be topped up in the Stores, before the end of the validity term. Each top-up of a BYTOM Golden GIFT Card means that its validity term is extended for another period of 12 (twelve) months of the top-up date. Each top-up of a BYTOM Silver GIFT Card means that its validity term is extended for another period of 12 (twelve) months of the top-up date, yet no longer than until December 31, 2020.
11. The minimum and maximum value of each top-up is PLN 50.00 and PLN 5,000.00, respectively.
12. BYTOM Gift Cards cannot be exchanged for cash, whether in total or in part. BYTOM Gift Cards purchased in the Stores cannot be returned to the Issuer.
13. After expiration of its validity date, a BYTOM Gift Card is invalid and cannot be used for shopping in the Stores. In case there is any credit left on the BYTOM Gift Card after its validity term, such amount will not be reimbursed and cannot be subject to any claims of the Purchaser and/or User.
14. The User bears exclusive liability for the use and safety of a BYTOM Gift Card. The Issuer is not liable for BYTOM Gift Cards that have been lost, damaged or destroyed after they were given to the Purchaser.
15. The Purchaser and the User shall not have any claims towards the Issuer with respect to a loss (incl. theft), damage or destruction of a BYTOM Gift Card after it was given to the Purchaser, or for the BYTOM Gift Card’s use by third parties. In case of a loss (incl. theft), damage or destruction of a BYTOM Gift Card (as discussed above), the BYTOM Gift Card will not be exchanged for a new one.
16. Goods purchased with a BYTOM Gift Card in Stores are subject to the same returns & refunds policy as other Goods offered in the Stores.
17. In case the User has exercised the statutory right to rescind the sale agreement covering Goods purchased in a Store with a BYTOM Gift Card due to the Goods’ non-conformity with the agreement or defects (in accordance with applicable laws), and there are reasons to refund the sale price, the User will get a refund in cash.
18. The User’s/Purchaser’s acquisition of a BYTOM Gift Card is not regarded as the VAT sale, as defined in applicable tax regulations. The User shall be entitled to receive a non-fiscal receipt confirming that payment has been made. Such receipt is provided by the Issuer upon a request communicated to the Issuer no later than upon the delivery of a BYTOM Gift Card in a Store. It is not possible to get a fiscal receipt or a VAT invoice.
19. When receiving a new BYTOM Gift Card or topping up a BYTOM Gift Card, the Purchaser/User gets a non-fiscal receipt for the Issuer, confirming that payment/top-up has been processed and specifying the nominal value and the number of a given BYTOM Gift Card.
II. BYTOM Gift Card – Terms of Use
1. BYTOM Gift Cards can be used upon the Terms & Conditions by any User who presents a BYTOM Gift Card in a Store.
2. The Issuer and the Stores only accept BYTOM Gift Cards that are active and intact, and have all anti-counterfeiting measures.
3. The Issuer shall be entitled to refuse a BYTOM Gift Card in the following cases:
a) expiration of the BYTOM Gift Card’s validity term;
b) insufficient funds in a BYTOM Gift Card;
c) technical difficulties that make it impossible to use the BYTOM Gift Card (e.g. lost connection with the Issuer’s IT system);
d) the BYTOM Gift Card is damaged to an extent making it impossible to read the information stored in a BYTOM Gift Card.
4. The User can use a BYTOM Gift Card multiple times until all funds are expended, yet no longer than until the end of its validity term.
5. When the User and the Issuer enter into a Goods and/or Services sale agreement that involves a BYTOM Gift Card, the value of funds available in the BYTOM Gift Card will be decreased by the amount corresponding to the price due to the Issuer for the Goods and/or Services.
6. The User shall be entitled to check the BYTOM Gift Card’s available balance in a Store at any time.
7. When using a BYTOM Gift Card, the User is not entitled to get any remaining balance in cash if the price of Goods and/or Services is lower than the BYTOM Gift Card’s available balance. The amount left in a BYTOM Gift Card after any purchase can be used by the User until the end of the BYTOM Gift Card’s validity term.
8. In case the price of Goods and/or Services purchased by the User with a BYTOM Gift Card is higher than the BYTOM Gift Card’s available balance, the User shall be obliged to pay the difference in cash or by debit/credit card, or with funds available in another BYTOM Gift Card that is approved by the Issuer.
9. By presenting a BYTOM Gift Card to the Store personnel and taking the Goods acquired with a BYTOM Gift Card, the User confirms an order to use the BYTOM Gift Card to the extent in which its use results from the documentation held by the Issuer.
III. Complaints
1. Complaints related to the purchase and use of a BYTOM Gift Card will be examined individually by the Issuer within 30 (thirty) days of the User’s submission of a written complaint.
2. Written complaints can be filed in the Stores, during their opening hours, or can be sent to the Issuer’s registered office: VRG S.A., Pilotów 10, 31-462 Kraków, with a note: “Karta Podarunkowa BYTOM – reklamacja” [BYTOM Gift Card – complaint].
3. In case of a complaint related to a BYTOM Gift Card which has been damaged to an extent making its proper use impossible, the Purchaser or the User will be obliged to deliver such card to the Issuer. If the Issuer accepts the User’s/Purchaser’s complaint related to a BYTOM Gift Card, the Issuer will issue a new BYTOM Gift Card whose balance will be the same as that of the damaged BYTOM Gift Card as of its date of delivery to the Issuer. The validity term of the new BYTOM Gift Card will be the same as that of the damaged BYTOM Gift Card.
4. These Terms & Conditions do not limit the Purchaser’s and User’s rights related to non-conformity of goods.
IV. Miscellaneous
1. By purchasing and/or using the BYTOM Gift Card, the Purchaser and User represent that s/he has read these Terms & Conditions, understands them, does not raise any objections to them, accepts them and undertakes to fully comply with them.
2. Any issues which have not been regulated herein shall be governed by applicable legal regulations.
3. These Terms & Conditions are available in Stores and at http://www.vrg.pl/kartapodarunkowa. Upon the User’s request, the Issuer will provide the User with a paper version of these Terms & Conditions.
4. These Regulations shall come into effect as of their publication at http://www.vrg.pl/kartapodarunkowa.