TERMS AND CONDITIONS OF THE W.KRUK GIFT CARD
I. General provisions
1. Capitalized terms in this Regulation shall have the following meanings:
"Issuer" - W.KRUK S.A. with registered office at ul. Pilotów 10, 31-462 Cracow, Poland, entered into the Register of Entrepreneurs of the National Court Register by the District Court for Cracow-Śródmieście in Cracow, 11th Commercial Division of the National Court Register under the National Court Register (KRS) number 0000500269, Tax Identification Number (NIP) 9452178161, National Business Registry Number (REGON) 123054986, with share capital in the amount of PLN 200,000,000.00 paid in full.
"Store" - a shop owned by W.KRUK Issuer located on the territory of the Republic of Poland, offering Goods and Services, with the exception of the online store operating at the Internet address www.wkruk.pl. The list of Stores is available on www.wkruk.pl
"W.KRUK Gift Card" - a bearer voucher, entitling the User to purchase Goods and / or Services in the Stores
"Purchaser" - a person who purchases the W.KRUK Gift Card from the Issuer in exchange for transferring funds in the amount corresponding to the nominal value of the W.KRUK Gift Card.
"User" - a Purchaser or a holder of the W.KRUK Gift Card
"Goods" - items offered for sale in the Stores
"Services" - services offered in the Stores
"Regulations" - regulations of the W.KRUK Gift Card of available on www.wkruk.pl/karty-podarunkowe and in the Issuer's Stores
Words used in both singular and plural may, depending on the context, have also the plural and the singular meaning, respectively.
2. The Regulations define the rules for purchasing and using W.KRUK Gift Cards.
3. W.KRUK Gift Cards are issued only to bearer and sold only in the Stores. The Purchaser is entitled to purchase the W.KRUK Gift Card with a nominal value between PLN 50.00 and PLN 5,000.00.
4. The owner of the W.KRUK Gift Card is the Issuer. The Purchaser or the User is the holder of the W.KRUK Gift Card. The Purchaser undertakes to transfer to the Issuer cash in the amount equal to the nominal value of the purchased W.KRUK Gift Card of Payment for the W.KRUK Gift Card may be made in cash or by using a payment card or credit card accepted in the Store.
5. Payment for the W.KRUK Gift Card may not be made using another W.KRUK Gift Card.
6. The W.KRUK Gift Card entitles to purchase Goods and / or Services in the Stores only.
7. The W.KRUK Gift Card, as defined by the applicable laws, is not an electronic payment instrument, nor is it an electronic payment card.
8. Activation of the W.KRUK Gift Card takes place upon the purchase of the W.KRUK Gift Card by the Purchaser.
9. W.KRUK Gift Card is valid and active:
(I) In the case of W.KRUK Gift Card purchased from June 2, 2014 - for a period of 12 (twelve) months from the date of its activation in accordance with point. 8 of the Regulations, or from the date of its last top-up,
(II) In the case of the W.KRUK Gift Card purchased by 1 June 2014 - for a period of 36 (thirty-six) months from the date of its activation in accordance with pt. 8 of the Regulations, or from the date of its last top-up.
10. Topping up of the W.KRUK Gift Card may only be made directly in the Store and before its expiration date. Each time the top-up of the W.KRUK Gift Card results in the extension of its validity period:
(I) for the W.KRUK Gift Card purchased from June 2, 2014 - for another 12 (twelve) months from the date of the given top-up
(II) in the case of the W.KRUK Gift Card purchased by 1 June 2014 - by a further 36 (thirty-six) months from the date of the given top-up.
11. The minimum value of each top-up is PLN 50.00, maximum PLN 5,000.00.
12. W.KRUK Gift Card is not subject to exchange for financial means (cash) in whole or in part, nor can it be returned to the Issuer.
13. W.KRUK Gift Card, after its expiration date is invalid and does not entitle to make further purchases in the Stores. If, despite the expiry of the validity period of the W.KRUK Gift Card, unused amounts remain on the W.KRUK Gift Card, these amounts are not recoverable and may not be subject to any claims by the Purchaser and / or the User.
14. The User is solely responsible for the correct use and security of the W.KRUK Gift Card. The Issuer is not responsible for W.KRUK Gift Cards that have been lost, damaged or destroyed, after they have been handed over to the Purchaser.
15. The Purchaser and the User shall not be entitled to any claims against the Issuer due to loss (including theft), damage or destruction of the W.KRUK Gift Card, after it is handed over to the Purchaser, and due to the use of the W.KRUK Gift Card by unauthorized persons. In the event of loss (including theft), damage or destruction of the W.KRUK Gift Card, referred to above, the W.KRUK Gift Card shall not be exchanged for a new one.
16. Goods purchased with the W.KRUK Gift Card in the Stores are subject to the same returns rules as the other Goods offered in the Stores.
17. If the User has exercised a statutory right to withdraw from the contract of sale of the Goods purchased in the Store using the W.KRUK Gift Card due to the non-compliance of goods with the contract or due to their defects, in accordance with separate regulations, and there are grounds for refunding the sale price for the Goods, the User will receive a refund in cash.
18. Issuing a W.KRUK Gift Card to a Purchaser/User is not a sale subject to value added tax, within the meaning of the relevant tax regulations. The User has the right to receive from the Issuer - at the request to the Issuer at the latest at the time of issuing the W.KRUK Gift Card - only a non-fiscal printout from a cash register, as an evidence of cash payment, not being a fiscal receipt or VAT invoice.
19. The Purchaser / User when receiving a new W.KRUK Gift Card, or topping up the W.KRUK Gift Card, receives from the Issuer a non-fiscal printout from the cash register, confirming its purchase or top-up, and confirming the nominal value and the number of the purchased/topped up W.KRUK Gift Card.
II. Rules for the use of the W.KRUK Gift Card
1. The W.KRUK Gift Card may be used according to the rules set out in the Regulations by each User who will present the W.KRUK Gift Card in the Store.
2. The Issuer accepts to redeem in the Stores only the W.KRUK Gift Cards which are active and undamaged and have all the safeguards to protect against their falsification.
3. The Issuer has the right to refuse the redemption of the W.KRUK Gift Card in the following cases:
a) expiry of the validity period of the W.KRUK Gift Card,
b) lack of funds on the W.KRUK Gift Card,
c) technical impossibility of realization the W.KRUK Gift Card (e.g. in the event of loss of connection with the Issuer's IT system),
d) damage of the W.KRUK Gift Card by the User to the extent that it is impossible to read the information recorded on the W.KRUK Gift Card.
4. The User may use the W.KRUK Gift Card repeatedly until the funds on the W.KRUK Gift Card are exhausted, however, no longer than until the expiration of the validity of the W.KRUK Gift Card.
5. When the User concludes a sale of Good and / or Service agreement with the Issuer by submitting the W.KRUK Gift Card for redemption, the value of the amount accumulated on the W.KRUK Gift Card shall be reduced by the amount corresponding to the amount due to the Issuer for the sold Goods and / or Service.
6. The User has the right to check at any time, directly in the Store, the amount remaining to be used on the W.KRUK Gift Card.
7. While redeeming the W.KRUK Gift Card, the User is not entitled to receive the rest in cash when the price of the purchased Goods and / or Services is lower than the amount accumulated on the W.KRUK Gift Card. The amount which, after the purchase using the W.KRUK Gift Card, remains on the W.KRUK Gift Card, remains for use by the User within the validity period of the W.KRUK Gift Card.
8. In the event that the price of the Goods and / or Services purchased by the User using the W.KRUK Gift Card will be higher than the amount remaining on the W.KRUK Gift Card, the User is obliged to pay the price difference of the above mentioned Good and / or Service in cash, or to pay by a credit card acceptable in the Store, or to pay using the amounts collected on another Gift Card of W.KRUK honored by the Issuer.
9. The User, by presenting to the personnel of the Stores the W.KRUK Gift Cards to its redemption, and by collecting of Goods purchased with the W.KRUK Gift Card in the Store, confirms the order to use the W.KRUK Gift Card to the extent the use of the Card results from the documentation owned by the Issuer.
III. Complaints
1. Complaints related to the purchase and use of the W.KRUK Gift Card shall be considered individually by the Issuer within 30 (thirty) days from the date of submitting a written complaint by the User.
2. Complaints in writing may be submitted directly in the Stores during their opening hours, or sent to the Issuer's office: W.KRUK S.A. ul. Pilotów 10, 31-462 Cracow, Poland, with the note "W.KRUK- Gift Card complaint".
3. In the case of a complaint regarding the W.KRUK Gift Card damaged to an extent that would prevent its proper operation, the Purchaser or the User is obliged to provide the Issuer with a W.KRUK Gift Card. In the event of a claim of the Purchaser or User regarding the W.KRUK Gift Card recognized by the Issuer, the Issuer will issue a new W.KRUK Gift Card, with the same amount as was collected on the damaged W.KRUK Gift Card at the time of its handing over to the Issuer. The new W.KRUK Gift Card, which the Issuer will issue to the User, will have the same validity period as the damaged W.KRUK Gift Card.
4. The provisions of the Regulations do not violate or limit the rights of the Purchaser and the User for non-compliance of the goods with the contract.
IV. Final Provisions
1. The Purchaser and the User of the W.KRUK Gift Card by purchasing and / or using the W.KRUK Gift Card declares that he has read the Regulations, understands its content, does not raise any objections to it, accepts its content in its entirety and undertakes to follow it.
2. In matters not covered in the Regulations, the applicable provisions shall apply.
3. The content of these Regulations is available on www.wkruk.pl/karty-podarunkowe and in the Stores. At the User's request, the Issuer will provide the User with the content of these Regulations in writing.
4. Regulations come into force on the day of its announcement on www.wkruk.pl/karty-podarunkowe.