Esotiq Gift Card Terms & Conditions
ESOTIQ GIFT CARD TERMS & CONDITIONS
- 1. TERMS AND DEFINITIONS
Whenever used herein, the following phrases shall have the following meanings:
1) “Terms & Conditions” — these Terms & Conditions.
2) “Issuer” – ESOTIQ & HENDERSON S.A. with its registered office in Gdańsk, ul Szybowcowa 8A, 80-298 Gdańsk, entered in the Register of Enterprises of the National Court Register kept by the Gdańsk-Północ District Court in Gdańsk, 7th Commercial Division of the National Court Register, at KRS No. 0000370553. Share capital: PLN 223.350,00 – fully paid-up. NIP No.: 583-311-72-20, REGON No.: 221133543.
3) “Goods” – products bearing the Esotiq trademark or another trademark, offered as intended for sale in an Esotiq Shop.
4) “Esotiq Shop” – a place in the Republic of Poland where the Goods are sold and which is a part of the Esotiq chain, marked as accepting Esotiq Gift Cards. A current list of Esotiq Shops is available on www.esotiq.com/salony
5) “Buyer” – an entity that pays money in an Esotiq Shop in the amount equal to the value of a voucher, and receives an Esotiq Gift Card in return.
6) “User” – an entity presenting an Esotiq Gift Card to pay for the Goods.
7) “Esotiq Gift Card” – an electronic voucher containing information about the number of points, issued by Esotiq, redeemable in Esotiq Shops by its bearer. Issued by the Issuer, it may also function under the trade name “Gift Voucher” and “Gift Card.”
- II. GENERAL
1) These Terms & Conditions define the rules of activating, providing and redeeming the Esotiq Gift Cards.
2) Activation, provision and redemption of Esotiq Gift Cards shall only cover the territory of Poland.
3) An Esotiq Gift Card can only be activated, credited with points and provided to the Buyer in an Esotiq Shop or in the Issuer’s registered office.
4) The Issuer activates and provides, at the Buyer’s request, an Esotiq Gift Card trusting that the Buyer:
a. has the legal capacity to perform the transaction in question;
b. has read and accepted these Terms & Conditions.
5) The Issuer shall provide the Esotiq Gift Card to the Buyer along with information about the points quantity as declared by the Buyer (no more than 1000), and about how to activate the Card and how to redeem it in Esotiq Shops. The Buyer shall pay the Issuer in Polish zloty (PLN), either in cash or with a payment card, for the declared number of points and shall redeem the Esotiq Gift Card in line with the Terms & Conditions.
6) If the Buyer pays with a payment card, they agree that the Issuer may perform the service later.
7) The value of the Esotiq Gift Card as expressed in PLN is equal to the number of points thereon (1 point equals 1 zloty).
8) The money paid to the Issuer becomes the property of the Issuer upon the issuance of the Esotiq Gift Card to the Buyer.
9) An Esotiq Gift Card cannot be obtained through the use of another Esotiq Gift Card or other product vouchers.
10) An Esotiq Gift Cards cannot be exchanged for money.
11) Any User of the Esotiq Gift Card has the right to use it.
12) To be redeemed, the Esotiq Gift Card must be handed over to the Shop staff. The card is then retained.
13) Once the User enters into a sales contract involving the Goods with the Issuer by presenting the Esotiq Gift Card for redemption, the total points on the Esotiq Gift Card will be reduced be the number of points corresponding to the price payable to Esotiq for the sold Goods. If the price of the Goods is higher than the total points on the Esotiq Gift Card, the User may pay the difference in cash or with a payment card. If the price for the Goods is lower than the number of points, the card will be returned to the User with the number of points left after the transaction.
14) Once the points corresponding to the price payable to the Issuer for the Goods purchased using the Esotiq Gift Card are deducted from the total points on the Esotiq Gift Card, the amount the User owes to the Issuer as the selling price of the Goods – corresponding to the number of points to be deducted from the total points on the Esotiq Gift Card – is considered settled.
15) An Esotiq Gift Card expires one year after its issue date and it should be redeemed before that time. The amount paid for the Esotiq Gift Card does not bear interest. If a User tries to redeem an expired Esotiq Gift Card, the card will be replaced with a valid Esotiq Gift Card with the same number of points, also with a validity period of one year.
16) Every User of an Esotiq Gift Card must secure it against loss and keep it from damage.
17) A User shall have the right to receive information in an Esotiq Shop about the current number of points on their Esotiq Gift Card.
18) A Gift Card damaged to an extent preventing its proper use will be replaced provided that it can be properly identified. If this is the case, the Issuer shall, at the User’s request, retain the damaged Esotiq Gift Card and issue a new one, credited with the same number of points as the number of points on the damaged Esotiq Gift Card at the moment of its return to the Issuer.
19) The Issuer shall have the right to refuse to redeem an Esotiq Gift Card forthwith and have the case examined promptly if:
a) there is a justified suspicion that the Esotiq Gift Card has been altered or falsified;
b) the Esotiq Gift Card is damaged to an extent preventing the data recorded on the Esotiq Gift Card from being read.
20) If the Goods purchased in Esotiq Shops using the ESOTIQ Gift Card are returned, the User will receive from the Issuer, at the moment of returning the Goods, a new card containing the information about the number of points corresponding to the price of the Goods that are being returned.
21) By presenting an Esotiq Gift Card to Esotiq Shop staff for redemption and collecting the Goods bought using an Esotiq Gift Card in an Esotiq Shop, the User expresses their intention to use the Esotiq Gift Card.
22) To any matters not settled herein, the laws applicable to product vouchers shall apply.
23) Any complaints connected with Esotiq Gift Cards shall be examined by the Issuer in writing within 14 (in words: fourteen) days of the User filing the complaint.
24) Any complaints related to Esotiq Git Cards may be lodged in Esotiq Shops during their working hours.
25) The provision of an Esotiq Gift Card is not VAT taxable within the meaning of Polish tax laws. At the Buyer's request made not later than at the moment the Esotiq Gift Card is being issued, the Buyer shall have the right, in order to have a proof that they paid money to the Issuer, to receive a written confirmation from the Issuer which is neither a fiscal receipt nor a VAT invoice.
26) An Esotiq Gift Card is neither a payment card nor an electronic payment instrument, nor an electronic money instrument.
27) The contract entered into at the moment an Esotiq Gift Card is being used is concluded in Polish and is governed by Polish law.
These Terms & Conditions shall not limit the rights granted to consumers under the legislation applicable in Poland.
The electronic version of these Terms & Conditions is available HERE