These Terms and Conditions (hereinafter referred to as the “Terms and Conditions” specify the definitions and rules of sale and use of Gift Cards.
I. DEFINITIONS
- ISSUER - the issuer of the gift cards is BALAGAN Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, ul. Kielecka 1/1 02-504, entered in the National Register of Entrepreneurs kept by the District Court for the capital city of Warsaw in Warsaw under number KRS 0000782251, REGON 383124231, NIP 5213863874, with share capital of PLN 5,000.
- BUYER - Purchaser; (1) natural person; (2) legal person; or (3) organizational unit not having legal personality but granted legal capacity by law; who has the full capacity to enter into legal transactions and pays the Issuer the specified/selected amount of money, which is equivalent to the value of the Gift Card.
- USER - Buyer or Holder of the Gift Card meant to be used for shopping in the Online Shop or Physical Store.
- GIFT CARD - shopping voucher issued in paper or electronic form (as an individual and unique code) which can be used as a payment method for purchases in the Issuer’s Online Shop or Physical Store.
- PRODUCT - item available for sale in the offer of the Issuer’s Online Shop or Physical Store.
- ONLINE SHOP - the Issuer’s online shop with the current offer of products (Products) available at www.balaganstudio.com.
- PHYSICAL STORE - issuer's physical store with the current offer of products (Products) avaiable in Dom Handlowy Mysia 3 (address: Mysia 3, Warsaw), in CH Elektrownia Powiśle (address: Dobra 42, Warszawa) and in Galeria Kazmierz (address: Podgórska 34, Crocow).
II. GIFT CARD PURCHASE AND USE
- The purchase and use of Gift Cards are governed by the Polish law, to which the Purchaser agrees at the moment of purchase of the Gift Card, and the User - at the moment of taking hold of the Gift Card.
- Gift Cards are available in the following currencies and with the following nominal values:
PLN
ILS
EUR
USD
GBP
1000,00
1000,00
300,00
300,00
300,00
900,00
900,00
250,00
250,00
250,00
800,00
800,00
200,00
200,00
200,00
700,00
700,00
150,00
150,00
150,00
600,00
600,00
-
-
100,00
500,00
500,00
-
-
-
400,00
400,00
-
-
-
300,00
300,00
-
-
-
- The Issuer may launch Gift Cards of different nominal values and in other currencies without the need to change the provisions of these Terms and Conditions, insofar as such Gift Cards are available in the offer of the Issuer’s Online Shop and Physical Store.
- A Gift Card may be purchased and used both in the Issuer’s Online Shop and Physical Store.
- To receive a Gift Card, the Buyer shall pay the Issuer the amount of money equal to the nominal value of the chosen Gift Card. The payment for the Gift Card may be made in the Issuer’s Online Shop and Physical Store using the available payment methods:
a) in the Physical Store - with cash or payment card;
b) in the Online Shop - using the available online payment methods (Przelewy24, PayPal, traditional transfer). - Gift Card may not be purchased using another Gift Card. Gift Card is a method of payment by the User for the Products, and not for other vouchers.
- Gift Card may not be purchased using a discount code.
- The money paid to the Issuer by the Buyer in accordance with (5) above shall pass to the Issuer in full at the moment of issue of the Gift Card.
- After receiving the payment of the specified price for the Gift Card, the Issuer undertakes to provide the Buyer with the Gift Card having the specified and confirmed nominal value, and to accept the use of that Gift Card by the User in the Online Shop and Physical Store.
- The value of the Gift Card expressed in the given currency is equal to the funds deposited on that Gift Card.
- The Gift Card shall be valid for 12 (twelve) months from the issue of thereof to the Buyer. The validity of the Gift Card may not be extended.
- Before using the Gift Card, the User is obliged to read the contents hereof and to comply with the provisions hereof.
- Gift Card may be used exclusively by Users who have full capacity to enter into legal transactions during the validity of the Gift Card.
- Gift Card is not exchangeable for money.
- The User uses the Gift Card by presenting it to the staff of the Physical Store or – if shopping online - by entering the unique numeric code in the Online Shop.
- At the moment of conclusion of the sales contract for the Product, upon presentation of the Gift Card, the amount of funds deposited thereon shall be used to pay the price payable to the Issuer for the sold Product.
- Should the price of the Products purchased by the User using the Gift Card be higher than the amount of funds available on the Gift Card, the User is obliged to pay the difference using another payment method acceptable in the Physical Store or Online Shop respectively.
- Should the price of the Products purchased by the User using the Gift Card be lower than the total price for the purchased Products, the remaining amount of funds available on the Gift Card will remain available for use on the same Gift Card.
- The User may use more than one Gift Card to pay for the purchases in the Issuer's Physical Store or Online Shop.
- Should the User pay for the purchases in the Issuer's Physical Store or Online Shop using more than one Gift Card, the funds shall be collected in the order in which the User has used the Gift Cards and according to the declared value to be collected from each Gift Card.
- Should the amount deposited on a given Gift Card be lower than the value declared by the User to be collected from that Gift Card, the purchase shall not be finalized and the User shall be informed about the balance on that Gift Card. If the User wishes to finalize the order, the User may combine payment methods, e.g. use several Gift Cards or a Gift Card and another payment method acceptable in the Physical Store or Online Shop.
- The Issuer has the right to refuse to accept the Gift Card in the following events:
a) if validity of the Gift Card has expired;
b) if the Gift Card has been damaged to the extent which makes it impossible to read the data saved on such Gift Card. - The Issuer is not liable for Gift Cards that have been lost or damaged after issuing such Gift Cards to the Buyer.
- In the event of loss, destruction or theft of a Gift Card, the User shall not have any claims against the Issuer.
- The User may not claim reimbursement of the unused funds deposited on the Gift Card after the validity of the Gift Card has expired.
III. RETURNS & COMPLAINTS
- Gift Cards purchased by the Buyer in the Issuer’s Physical Store are not returnable.
- Buyer who purchased a Gift Card in the paper form or electronic form (as an individual and unique code) via the Online Shop may withdraw from the distance sales contract within 14 (fourteen) days without assigning any reason by submitting an appropriate withdrawal notice (a return form) to the Issuer.
- By withdrawing from the Gift Card sales contract, the Buyer undertakes not to use the Gift Card before sending it back. If the Buyer/User has used the Gift Card in the period of time between submitting a withdrawal notice with regard to the Gift Card sales contract and sending the Gift Card back to the Issuer, the Issuer shall be released from the obligation to refund the amount paid for the issue of the Gift Card to the extent in which the Buyer has used the nominal value of the Gift Card.
- Due to the fact that in the case of a Gift Card issued in an electronic form (as a unique numeric code) the subject of the sales contract is digital content referred to in Article 2(5) of the Act on Consumer Rights of 30 May 2014 (Dz.U.2020.287, unified text of 21 February 2020), the beginning of performance of the contract before the lapse of the statutory 14-day withdrawal period requires the Buyer’s consent. Should the Buyer consent to the beginning of performance of the Gift Card sales contract (i.e. enter the numeric code) before the lapse of the statutory 14-day withdrawal period, the Buyer shall lose the right to withdraw from the sales contract as referred to in Article 27 of the Act on Consumer Rights of 30 May 2014 (Dz.U.2020.287, unified text of 21 February 2020), which is consistent with the provision of Article 38(13) of the above Act. In the case of using the Gift Card in the Physical Store, making a payment with the Gift Card shall be treated as giving such consent by the Buyer/User, to which the Buyer agrees. Should the Gift Card be used for a purchase via the Online Shop, the Buyer’s consent is given by ticking the relevant box while choosing the payment method.
- In the case of return of Products purchased using a Gift Card, the funds in the amount equivalent to the value of the returned Product shall be reimbursed to the existing Gift Card which was used for the purchase. The funds may not be reimbursed in any other form.
- In the case of return of Products purchased in the Issuer’s Physical Store or withdrawal from the sales contract for the Products purchased in the Online Shop using a Gift Card on the basis of Article 27 of the Act on Consumer Rights of 30 May 2014 (unified text: Dz.U.2020.287 of 21 February 2020), the funds shall be reimbursed to the Gift Card used by the User for the purchase. If the price of the Products purchased was higher than the value of the Gift Card and the User paid the difference using another payment method, the funds shall be reimbursed by the Issuer using that method.
- In the case of return of Products purchased in the Issuer’s Physical Store or Online Shop using more than one Gift Card, the funds shall be reimbursed in the order in which the Gift Cards were used at the moment of purchase and in the amount collected from each Gift Card.
- The time limit for the User to return a Product purchased using a Gift Card is 14 days from the purchase date, whereas:
(i) if the User wants to exercise the right to return the Product before the expiry of the Gift Card, the validity of the Gift Card shall not be extended; therefore, if the User has not used the amount deposited on the Gift Card before its expiry date (established at the moment of purchase), the Gift Card shall become invalid and the deposited funds may not be used nor reimbursed.
(ii) if the User is still entitled to return the Product purchased:
(a) in the Physical Store using the Gift Card and the validity of the Gift Card has expired, then the User shall lose the right to return the Product; however, the User may exchange it for another Product having the same value, a higher value (and pay the difference), or a lower value (without the right to be paid the difference in price between the Product being returned and the new, cheaper, Product).
(b) in the Online Shop using the Gift Card and the validity of the Gift Card has expired, then the User shall have the right to return the Product, and the funds to be reimbursed for the Product returned shall be deposited on a new Gift Card having the validity of 14 days from the date of issue of the new Gift Card. - Any complaints relating to the Gift Cards or purchases made using the Gift Cards shall be considered in accordance with the standard complaint procedure, i.e. within 14 days from the date on which the complaint was made.
IV. OTHER PROVISIONS
- The contents hereof are available both at the website of the Online Shop and in the Issuer’s Physical Store.
- The Issuer reserves the right to make changes hereto at any time without assigning any reason and such changes shall be communicated to the Users by way of a notice displayed in the Physical Store and on the Online Shop website. The planned changes together with a description of such changes shall be communicated at least 2 weeks before becoming applicable.
- The Issuer reserves the right to suspend or terminate the Gift Card programme at any time without assigning any reason. The Users shall be notified about the suspension or termination of the programme within reasonable time and in the manner specified in IV.2 hereof.
- Users of Gift Cards purchased before the date of suspension or termination of the programme shall have the right to use such Gift Cards under the conditions prevailing at the time of purchase.
- Any matters not regulated herein shall be governed by the provisions of the Act of 23 April 1964 - Civil Code and other applicable regulations of the Polish law, as well as other documents applicable to the purchases from the Issuer, in particular, the Privacy Policy and the Online Shop Terms and Conditions available at balaganstudio.com and terms and conditions of purchase available in the Issuer’s Physical Store.
- These Terms and Conditions enter into force on 1 February 2021.