Gift cards terms and conditions

EASY-surfshop E-GIFT CARD TERMS AND CONDITIONS

("Regulations")

The regulations are intended exclusively for consumers within the meaning of the applicable laws in Poland and govern the rules of purchasing and using electronic e-gift cards within the online store www.easy-surfshop.com. These e-gift cards are issued to the bearer and are valid for a period of one year from the moment they are sent to the email address specified by the purchaser after the purchase (365 days).

GENERAL PROVISIONS
1. The regulations define the rules for the purchase and use of E-gift Cards within the Online Store. Its purpose is to create clear, secure, and fair relations between the participants of the transaction. The regulations include essential information regarding the rights and obligations of the Customer and the Issuer.
2. Terms written in capital letters, not defined in the regulations, have the meaning assigned to them by the regulations of the Online Store available at www.easy-surfshop.com/do/pages/regulations, unless otherwise stated in the content of the regulations. If terms written in capital letters have been defined in both the regulations and the regulations of the Online Store, the definition in the regulations takes precedence for the purposes of the regulations.
3. The acquisition of a E-gift Card under the terms specified in the E-gift Card Regulations is possible only by a person who is a Consumer.
DEFINITIONS
1. E-gift Card / Card – an electronic discount voucher recorded in non-material form, sold by the Online Store (Store) to the bearer, enabling a discount for a specified amount during payment for Products in the Online Store. The E-gift Card is not an electronic payment instrument and is not an electronic payment card within the meaning of the Act of August 19, 2011, on payment services (Journal of Laws No. 199, item 1175, as amended). The E-gift Card constitutes an identification mark specified in Article 92115 of the Act of April 23, 1964, Civil Code (Journal of Laws No. 16, item 93, as amended) (hereinafter referred to as the "Civil Code").
2. Discount Code - a sequence of characters assigned to the E-gift Card, which, when entered in the shopping cart, grants a one-time discount for a specified amount during the payment for Products in the Online Store. The discount code can be used only once.
3. Purchaser - a natural person who is a consumer within the meaning of Article 221 of the Civil Code, who has acquired the E-gift Card in the Online Store.
4. Regulations - these E-gift Card Regulations / Service Agreement, a document specifying the rules for the purchase and use of the E-gift Card.
5. User - The Purchaser and any bearer who is a Consumer, possessing the E-gift Card and using it for payment of Products in the Online Store.
6. Products - items offered for sale in the Online Store, excluding identification marks such as the E-gift Card.
7. Issuer - the store EASY-surfshop, operating at http://easy-surfshop.com/, is run by Bartosz Grzesiek – a business owner operating under the name: EASY SURF Bartosz Grzesiek, ul. Św. Michała 100, 61-005, Poznań, NIP: 7821239556, REGON: 631147690. The business is registered in the Central Register and Information on Economic Activity (CEIDG), maintained by the Minister competent for the economy.
RULES FOR ACQUIRING E-GIFT CARDS
1. The E-gift Card can be acquired and used only by a Consumer. The Issuer allows the acquirement of a E-gift Card for an amount selected by the Purchaser from the options available in the Online Store, not less than 25.00 EUR and not more than 1000.00 EUR.
2. The Purchaser cannot exchange the E-gift Card for money (cash) in whole or in part, and the paid value of the E-gift Card is not subject to interest. The Issuer does not issue duplicates of the E-gift Card.
3. The Purchaser makes payment for the E-gift Card within the Online Store using the method available in the Online Store through the dedicated purchase form for acquiring the E-gift Card. The Purchaser does not have the option to make payment for the E-gift Card using another E-gift Card. The use of discount codes is excluded during the payment process for the E-gift Card.
4. The E-gift Card purchased in the Online Store is sent in the form of an electronic E-gift Card (a file in .PDF format) with a Discount Code to the email address of the Purchaser provided during the E-gift Card purchase process. The Purchaser does not have the option to request an increase in the value of the E-gift Card that has already been paid for and sent to the provided email address.
5. The E-gift Card is sent to the email address of the Purchaser or another address specified by the Purchaser during business hours of the store. A E-gift Card purchased outside of these hours will be sent on the next possible business day. Saturday is not considered as a business day.
6. The E-gift Card purchased under the terms specified in the E-gift Card Regulations is not eligible for return. The Issuer fulfills the service at the time of sale and delivery of the E-gift Card in accordance with the earlier points of the E-gift Card Regulations, to which the Purchaser agrees by making a statement during the purchase of the E-gift Card in the Online Store. In accordance with Article 38 of the Act of May 30, 2014, on Consumer Rights (Journal of Laws of 2014, item 827, as amended), along with the statement mentioned in the preceding sentence, the Purchaser agrees that upon the fulfillment of the service by the Online Store, the Purchaser loses the right to withdraw from the E-gift Card sales agreement.
RULES FOR USING THE E-GIFT CARD
1. Payment with the E-gift Card for Products in the Online Store can be carried out by the User only once and within the validity period of the E-gift Card, which is one year (365 days) from the moment it is sent to the email address specified by the Purchaser after the purchase, in accordance with the rules specified under point III of the E-gift Card Regulations. If the Discount Code is not used within the validity period of the E-gift Card, the Purchaser is not entitled to a refund of unused funds.
2. Payment with the E-gift Card is made by the User entering the E-gift Card Discount Code in the dedicated field in the online store's shopping cart.
3. The online store does not verify the basis for the User's possession of the E-gift Card.
4. In the case of a purchase made in the Online Store using the E-gift Card, when the order value exceeds the amount assigned to the E-gift Card, the difference is covered by the User using other payment methods available in the order form.
5. In the case of a purchase made in the Online Store, when the order value is lower than the amount of the Discount Code assigned to the E-gift Card, the User does not have the possibility to receive the difference amount, including in particular:
  1. Another E-gift Card with a Discount Code;
  2. Cash withdrawal by the Issuer;
  3. Transfer by the Issuer to the user's account;
  4. Any operation by the Issuer to offset the resulting difference.
6. The E-gift Card can be used only once before the expiration of its validity period. The Issuer has the right to refuse payment fulfillment using the E-gift Card in the event of technical issues related to such payment or if there are irregularities in the Discount Code. However, in such a case, the Issuer will fulfill the E-gift Card payment promptly after resolving technical issues or irregularities in the Discount Code.
7. The Issuer has the right to refuse the fulfillment of the payment with the E-gift Card in the event of prior use of the Discount Code or the expiration of the E-gift Card's validity period.
8. The User is responsible for the correct use and security of the E-gift Card. The Issuer is not liable for the use of the E-gift Card by a person who has come into possession of it unlawfully or as a result of the Purchaser providing incorrect data for the delivery of the E-gift Card (email address) or for other reasons beyond the Issuer's control after its delivery to the Purchaser or a person designated by the Purchaser. In such cases mentioned above, the E-gift Card is not subject to replacement.
CONDITIONS FOR RETURNING PRODUCTS PURCHASED USING E-GIFT CARDS
1. In the case of a return by the User of Products purchased in the Online Store under the terms specified in the Online Store Regulations:
  1. when the payment for the Product was made using only the E-gift Card, the User will receive a refund equivalent to the amount paid from the moment of E-gift Card utilization, to be used within the E-gift Card used for the payment of the returned Product;
  2. when the payment for the Product was partially made using the E-gift Card, the User will receive a refund for that portion from the moment of E-gift Card utilization, to be used within the E-gift Card used for the payment of the returned Product. For the remaining amount, the refund will be processed according to the rules outlined in the Online Store Regulations applicable to the type of payment for the remaining part.
HANDLING COMPLAINTS AND ISSUER'S LIABILITY
1. The Purchaser is obliged to provide accurate and current information at the time of purchasing the E-gift Card under the conditions specified in point III of the E-gift Card Regulations.
2. The Purchaser bears responsibility for any transfer of the E-gift Card to a third party.
3. Every User (including the Purchaser) has the right to file a complaint regarding the circumstances of acquiring and using the E-gift Card in the Online Store.
4. A complaint related to the E-gift Card can be submitted by the User in writing to the address: EASY-surfshop, ul. Św. Michała 100, 61-005, Poznań, or via email: info@easy-surfshop.com. The Publisher will respond to the complaint within 14 days of its receipt. If the Publisher does not respond within this period, the complaint is considered accepted. The Publisher recommends that the User include in the complaint description: (i) information and circumstances related to the subject of the complaint; (ii) the User's request related to the complaint; and (iii) contact details of the complainant - this will facilitate and expedite the review of the complaint by the Publisher. The requirements mentioned in the preceding sentence are only a recommendation and do not affect the effectiveness of complaints submitted without following this recommendation. The Publisher does not accept any shipments returned cash on delivery.
5. Additionally, the Consumer has the following examples of out-of-court complaint resolution and claim enforcement options:
  1. The Consumer is entitled to apply to a permanent consumer arbitration court, as referred to in Article 37 of the Act of December 15, 2000, on Trade Inspection, with a request for resolution of a dispute arising from the concluded Sales Agreement;
  2. The Consumer is entitled to address the provincial inspector of the Trade Inspection, in accordance with Article 36 of the Act of December 15, 2000, on Trade Inspection, with a request to initiate mediation proceedings for out-of-court resolution of a dispute between the Consumer and the Seller;
  3. The Consumer can obtain free assistance in the resolution of a dispute between the Consumer and the Seller by also using the free assistance of the county (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., the Consumer Federation);
  4. The Consumer can file a complaint through the Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr/. The ODR platform also serves as a source of information regarding forms of out-of-court dispute resolution that may arise between businesses and consumers.
6. Utilizing the out-of-court complaint resolution and claim enforcement methods described in point 5 above is voluntary. The provisions of the E-gift Card Regulations regarding out-of-court dispute resolution methods and claim enforcement are for informational purposes and do not constitute an obligation for the Issuer to use them. The Issuer's statement regarding consent or refusal to participate in proceedings for out-of-court resolution of consumer disputes is submitted by the Issuer on paper or another durable medium in the event that, following a complaint filed by the Consumer, the dispute has not been resolved.
7. The principles of conducting proceedings for out-of-court resolution of consumer disputes and the obligations of entrepreneurs in this regard are separately defined in the applicable legal regulations. Detailed information regarding the Consumer's options for using out-of-court methods to handle complaints and enforce claims, as well as the rules for accessing these procedures, may be available at the offices and websites of county (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection, especially at the following internet address: https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
PERSONAL DATA PROTECTION
1. The personal data of the Purchaser and User are processed by the Issuer as the personal data administrator within the meaning of legal acts. Providing personal data by the Purchaser and User is voluntary but necessary for the acquisition and fulfillment of the E-gift Card.
2. Detailed information regarding the protection of personal data is included in the Privacy Policy (https://easy-surfshop.com/do/pages/privacy).
AMENDMENT TO THE REGULATIONS
1. The Issuer has the right to amend the E-gift Card Regulations in the event of at least one of the significant reasons indicated below (a closed catalog):
  1. Changes in the legal regulations governing the provision of electronic services by the Issuer, affecting the rights and obligations specified in the E-gift Card Regulations, or a change in the interpretation of these legal regulations as a result of court judgments, decisions, recommendations, or instructions of relevant authorities or bodies;
  2. Changes in the method of providing services due to technical or technological considerations;
  3. Changes in the scope or provision of services to which the provisions of the E-gift Card Regulations apply, by introducing new functionalities or services, modifying, or withdrawing the existing functionalities or services covered by the E-gift Card Regulations;
  4. Changes in the scope or method of providing services by entities cooperating with the Seller by introducing new functionalities or services, modifying, or withdrawing the existing functionalities or services, affecting the rights and obligations specified in the E-gift Card Regulations.
2. In the event of changes to the E-gift Card Regulations, the Issuer will make the consolidated text of the E-gift Card Regulations available by publishing it on the website of the Online Store (easy-surfshop.com).
3. The change to the E-gift Card Regulations takes effect immediately from the day of publication on the Online Store's website. The changes to the Regulations do not affect the scope of rights acquired by Users before the effective date of the Regulation changes, especially changes to the Regulations will not affect the Sales Agreements executed or performed.
FINAL PROVISIONS
1. The Regulations come into effect on December 8, 2023.
2. Matters not regulated in the E-gift Card Regulations are subject to the generally applicable provisions of Polish law.
3. Choosing Polish law based on the E-gift Card Regulations does not deprive the Consumer of the protection granted to them under provisions that cannot be excluded by an agreement between the Seller and the Consumer.
4. In the event of any discrepancies between the provisions of the Regulations and the mandatory provisions of the law, the provisions of the law shall apply, and the remaining part of the Regulations shall remain in force.