RISK MADE IN WARSAW GIFT CARDS TERMS AND CONDITIONS
The capitalised terms used in these Terms and Conditions have the following meaning:
- Issuer – RISK sp. z o.o. limited liability company with its registered office in Warsaw at ul. Szpitalna 6A #9 (00-031 Warsaw), entered into the commercial register maintained by the District Court for the capital city of Warsaw in Warsaw, XII Commercial Division of the National Court Register (KRS) under the following number: 0000536745, VAT identification number (NIP): 1132855615, National Business Registry number (REGON): 146129025, equity capital: 100.000,00 zlotys.
- Risky Shop – the Issuer’s retail outlet for the sales of the Issuer’s Items, located at ul. Szpitalna 6A in Warsaw.
- Gift Card – a gift certificate, recorded on a material medium or in digital form (numeric code), allowing a Purchaser to pay for Items at Risky Shop or the Online Sto.
- Purchaser - person who, at Risky Shop, transmits funds, equal to the value of the Gift Card, to the Issuer in exchange for a Gift Card issued by the Issuer.
- User – the Purchaser or any holder of the Gift Card, submitting it at Risky Shop or at the Online Store for redemption.
- Items - items for sale at Risky Shop and the Oline Store.
- Online Store – the Issuer’s online store, offering Items, hosted at the following address: https://www.riskmadeinwarsaw.com/.
§2 GENERAL PROVISIONS
- Available Gift Cards hold the following face values:
- 50 zlotys;
- 100 zlotys;
- 200 zlotys;
- 300 zlotys;
- 500 zlotys;
- 1000 zlotys.
- The Issuer is entitled to the introduction of Gift Cards which hold different face values without amendment to these Terms and Conditions.
- Gift Cards may be purchased and redeemed at Risky Shop or in the Online Store. Issuing Gift Cards by the Issuer takes place exclusively at Risky Shop or through purchasing them in the Online Store.
- The Issuer undertakes to convey the Gift Card of a specified face value to the Purchaser, and to accept it for redemption at Risky Shop and the Online Store.
- In exchange for the received Gift Card, the Purchaser undertakes to transmit funds, to the Issuer, equal to the face value held by the Gift Card. The payment for the Gift Card can be performed:
- at Risky Shop in cash or with a payments card;
- at the Online Store, using payment methods available at the Online Store.
- The funds transmitted by the Purchaser to the Issuer, pursuant to section 5 above, become property of the Issuer at the moment of issuance of the Gift Card.
- The value held by the Gift Card, expressed in PLN (zlotys), is equal to the amount of funds contained in the Gift Card.
- The Gift Card may not be purchased through the use of another Gift Card.
- The Gift Card remains valid for a twelve-month period starting with its issuance for the Purchaser. At the moment of its issuance for the Purchaser, the Gift Card shall be activated (Gift Cards not activated by the Issuer are not valid). The expiry date of the Gift Card shall not be extended.
- The Gift Card may only be redeemed after activation, at Risky Shop or in the Online Store.
- The User, before redeeming the Gift Card, is obliged to become acquainted with the contents of these Terms and Conditions and to observe their provisions.
§3 USE OF GIFT CARD
- The Gift Card may only be held by natural persons with full legal capacity throughout the Gift Card’s validity period.
- The Issuer shall inform the User that the Gift Card:
- may be redeemed only at Risky Shop and the Online Store;
- may not be exchanged for funds;
- has an expiry date, after which it may not be redeemed (the Gift Card is valid for 12 months from the day of purchase).
- The User redeems the Gift Card by presenting the RISK Gift Card to the staff of Risky Shop or by entering the numeric code of the Gift Card at the Online Store. The staff shall collect the Gift Card corresponding to the price of the Item purchased by the User from the Issuer.
- Once the User concludes the contract of sale of Items with the Issuer, presenting the Gift Card for redemption, the balance held on the Gift Card shall be entirely used to cover the price owed to the Issuer for the sold Item.
- If the price of Items purchased by the User with the use of Gift Card exceeds the total balance of the Gift Card, the User shall be obliged to pay the difference using another form of payment, with the stipulation that at the Online Store the user is obliged to use the forms of payment specified thereat.
- If the price of the Items purchased by the User with the use of Gift Card is lower than the balance, the difference from the total price of purchased Items shall not be refunded.
- The Gift Card is a single-use voucher. Upon making a purchase at Risky Shop, the User is obliged to relinquish the card. If the Gift Card is used at the Online Store, the User is obliged to enter the numeric code indicated on the Gift Card. The aforementioned code is a single-use code.
- The Issuer is entitled to refuse redemption of the Gift Card if:
- the validity of the Gift Card has expired,
- the Gift Card cannot be redeemed due to the lack of technical possibility, particularly:
- impossibility to connect to the Issuer’s computer system,
- damage to the Gift Card to a degree which renders impossible the detection of data recorded on the Gift Card.
- The Gift Card shall not be redeemed for money.
- The Issuer shall not be held responsible for Gift Cards which have been lost or damaged after issuance to the Purchaser.
- If the Gift Card is lost, destroyed or stolen, the User is not entitled to any claims against the Issuer.
- The Issuer shall not be liable for the results of inability to redeem the Gift Card arising from circumstances beyond the Issuer’s scope of responsibility, specifically including those arising from the severance of electronic or telephone connection of Risky Shop to the Issuer’s computer system.
- If the funds recorded on the Gift Card have not been redeemed despite expiration of the Gift Card, the User shall not be entitled to claim a refund from the Issuer of the funds transmitted to the Issuer.
- Any complaints with regard to Gift Cards shall be reviewed by the Issuer, in writing, within 30 (thirty) days of filing of the complaint, in writing, by the User.
- Complaints with regard to Gift Cards may also be filed at Risky Shop during the working hours .
- In case of (1) returning Items purchased in Risky Shop or (2) rescission of the contract of sale of Items purchased in the Online Store with use of the Gift Card, pursuant to art. 27 of the Act of 30 May 2014 on Consumer Rights (i.e. Journal of Laws of 2019, item 134), the User shall be provided by the Issuer with a new Gift Card of value equivalent to that of the previous Gift Card. If the price of purchased Items exceeded the value of the Gift Card and the User paid the difference using another form of payment, this amount shall be refunded by the Issuer using the same form.
- The RISK Gift Card issued to the User by the Issuer pursuant to this section shall remain valid for twelve months from the date of issue.
§5 RESCISSION (GIFT CARD RETURNS)
- The Purchaser who bought, via the Online Store, a Gift Card recorded on material medium, may rescind the Gift Card agreement, without giving reason, by submitting a statement of rescission to the Issuer within 14 days of coming into possession of the Gift Card.
- If the Gift Card was completely or partially redeemed before the time limit for rescission, the Issuer shall not refund to the Purchaser the funds equal to the value of the redeemed Gift Card.
- By rescinding the Gift Card agreement, the Purchaser undertakes to refrain from using the Gift Card until sending the Gift Card back. If the Purchaser redeems the Gift Card between submitting the statement of rescission of the Gift Card agreement and sending the Gift Card back, the Issuer shall not be required to refund to the Purchaser the funds paid for issuing the Gift Card to the extent to which the Purchaser has used the face value of the Gift Card.
- The subject of the agreement being, in case of a Gift Card in digital form (numeric code), digital content specified in art. 2, point 5 of the Act of 30 May 2014 on Consumer Rights (i.e. Journal of Laws of 2019, item 134), the initiation of performance of the agreement before the statutory fourteen-day time limit for rescission must be preceded by the Purchaser’s approval. If the Purchaser consents to the initiation of performance of the Gift Card agreement (i.e. provision of the numeric code) before the statutory fourteen-day time limit for rescission, the Purchaser shall forfeit the right to rescind the agreement, specified in art. 27 of the Act of 30 May 2014 on Consumer Rights (i.e. Journal of Laws of 2019, item 134), which remains in accordance with art. 38, point 13 thereof.
- In case of purchase of the Gift Card at Risky Shop, the Gift Card shall not be subject to returns.
§6 FINAL PROVISIONS
- To all matters not provided for in these Terms and Conditions, the relevant provisions of law shall apply, including in particular provisions of the Civil Code and acts of law.
- The Gift Card is not an electronic payment instrument, an electronic money instrument or a payments card.
- Issuing a RISK Gift Card to the User does not constitute an act of sale subject to Value Added Tax within the meaning of the relevant tax regulations. The user shall receive, upon payment, a receipt in writing (accounting note), which does not constitute a fiscal receipt or a VAT invoice.
- The organiser reserves the right to amend the Terms and Conditions at any time, without giving reason. The amended provisions of the Terms and Conditions shall be published at the www.riskmadeinwarsaw.com website and Risky Shop.
- The Issuer reserves the right to suspend or stop issuing Gift Cards at any time without giving reason. The Issuer shall inform Users of the Gift Card programme about the suspension or termination, with sufficient advance, through the www.riskmadeinwarsaw.com website and at Risky Shop.
- Users of Gift Cards purchased until the day of suspension or termination of the programme shall be able to use them on current terms.
- The regulations for purchasing Items at the Online Store are specified in the Online Store terms and conditions available at the following URL: https://www.riskmadeinwarsaw.com/en/terms-and-conditions
- The contents of these Terms and Conditions are available at Risky Shop and RISK Online Store.