GENERAL TERMS AND CONDITIONS OF SALE
These general terms and conditions of sale (the "Terms and Conditions") define and regulate the procedures for accessing and navigating the Website owned by the Shopping Centre and identify the rights and obligations of Buyers of Gift Cards via this Website.
By completing your order on the website, you acknowledge that you have read and understood these Terms and Conditions and accept them.
ARTICLE 1. DEFINITIONS
Buyer
You, the other contracting party, having ordered or purchased one or more Gift Cards on the Website.
Gift Card
The Gift Card purchased by the Buyer via the Website consisting of a physical device and enabling the use of the electronic funds purchased within the network indicated by the Shopping Centre.
Shopping Centre
Metropole Zličín, CGI METROPOLE, s.r.o. with registered office located at Praha 5, Řevnická 1/č.p. 121, PSČ 15521, Czech Republic registered with the Municipal Court in Prague under the file number C 71880/MSPH.
General Terms and Conditions of Use of the Gift Card
The general terms and conditions of use of the Gift Card.
Terms and Conditions
These General Terms and Conditions of Sale.
We/Us
The Shopping Centre.
Party/Parties
The Shopping Centre and the Buyer or one of these parties when used in the singular.
Technical Partner
Giftify, a société anonyme (public limited company) under Belgian law with registered office at Cantersteen 47, 1000 Brussels (Belgium), registered with the Banque Carrefour des Enterprises under the business number 0820.246.648.
Website
The website metropolezlicin.giftify.net of the Shopping Centre where Gift Cards can be purchased.
User
The final user of the Gift Card. The Buyer may or may not be the User of the Gift Card, depending on whether the Buyer uses it personally or gives it to a third party.
You
The Buyer.
ARTICLE 2. ORDERING GIFT CARDS
2.1. One or more Gift Cards can be ordered via the Website. The electronic funds balance registered on the Gift Card can be selected automatically by the Buyer from the available options or specified by the Buyer within the limits indicated on the Website. The purchase price of the Gift Cards corresponds to the amount of the electronic funds balance available for use via these Gift Cards, subject to any additional costs associated with preparing the order, delivering the Gift Card or additional services (e.g., gift boxes). The total price, including all expenses, is clearly communicated to the Buyer before the order is completed.
2.2. Acceptance of the order is made online when the Buyer clicks on the button provided for this purpose, which indicates acceptance without reserve of these Terms and Conditions.
2.3. Confirmation of the order is sent immediately to the Buyer to the email address provided.
2.4. The Buyer can pay using the payment methods shown on the Website. The Buyer expressly declares that it is authorised to use the payment method which it uses to pay for its order.
2.5. The Shopping Centre reserves the right to cancel or refuse any order from a Buyer with whom there is a legal dispute, ongoing or past, concerning the payment of a previous order or if the Shopping Centre has reason to suspect fraud, without needing to justify its decision.
ARTICLE 3. USE OF GIFT CARDS
3.1. The conditions of use of Gift Cards are regulated by the General Terms and Conditions of Use of the Gift Card available at metropolezlicin.giftify.me to which reference is made.
3.2. The Buyer declares that it has read and understood the General Terms and Conditions of Use of the Gift Card (mentioned above) and accepts them.
3.3. Use of the Gift Card is the responsibility of the User for whom the Buyer guarantees compliance with the General Terms and Conditions of Use of the Gift Card if the User is different from the Buyer.
ARTICLE 4. PROCESSING TIME FOR THE ORDER AND DELIVERY
4.1. Once the order has been placed on the Website and payment has been confirmed by the Buyer, the Gift Cards will be delivered or made available to the Buyer depending on the method selected by the Buyer at the time of the order from the options available on the Website.
4.2. If an event of force majeure prevents prompt processing of the order or dispatch of the Gift Cards, we reserve the right to cancel the order. In the event of cancellation, the payment made by the Buyer will be reimbursed and the Buyer will be informed immediately at the email address provided.
4.3. If the product ordered is unavailable, we will inform you immediately by email. In this case, the order will be cancelled, and the payment made will be reimbursed to the Buyer.
4.4. The delivery times mentioned on the Website at the time of the order are approximate. We make every effort to comply with the times indicated.
4.5. If the Gift Cards are to be delivered, the Gift Cards will be sent via the delivery service provided by a third-party provider selected by the Buyer at the time of the order from the options available on the Website. Delivery is made to the address provided by the Buyer.
4.6. The different tariffs and the delivery conditions are communicated to the Buyer before the order is placed.
4.7. Only one delivery address may be indicated for each order. If Gift Cards are to be delivered to several addresses, the Buyer is requested to place a separate order per delivery address.
4.8. Transfer of ownership and risk associated with the Gift Card takes place upon delivery.
ARTICLE 5. RIGHT OF CANCELLATION
5.1. If the Buyer is a consumer, the Buyer has the option to cancel its order online, free of charge and without having to justify its decision, within a period of fourteen (14) days from delivery of the Gift Card.
5.2. To exercise this right of cancellation, the Buyer must give notice of its decision to cancel via a clearly worded statement addressed to the Shopping Centre within the period. Notification can be given by letter sent by post or email. It is recommended to use the sample cancellation form provided in Annex 1 of these Terms and Conditions.
In the event of cancellation on your side, you must return the Gift Card, at your own cost, within fourteen (14) days at the latest after you have communicated to us your decision to cancel this contract, to the following address:
CGI METROPOLE, s.r.o.
Řevnická 121/1
Praha 5
155 21
5.3. As soon as the cancellation request is received, the Gift Card in question may be deactivated remotely.
5.4. In the event of cancellation on your side, We will reimburse you for the price of the Gift Card(s) in question, including delivery costs (with the exception of additional costs resulting, if applicable, from you having chosen a delivery method other than the least expensive standard delivery method offered by us) at the earliest opportunity and, in any event, within fourteen days at the latest from the date on which we were informed of your cancellation decision. We will affect reimbursement using the same payment method that you used for the initial transaction unless you expressly arrange a different method; in any event, this reimbursement will not incur costs for you.
5.5. We reserve the right to defer reimbursement until receipt of the physical Gift Card(s) to which the right of cancellation applies or until you have provided proof that you have sent the Gift Card(s) back.
5.6. If the Gift Card(s) has/have been used, either fully or partially, it/they can no longer be returned. The Buyer expressly acknowledges that any use, whether full or partial, of a Gift Card constitutes renunciation of the right of cancellation for the card in question.
ARTICLE 6. CONFORMITY AND GUARANTEE
6.1. In the case of physical Gift Cards, and if the Buyer is a consumer, the Buyer is covered by legal guarantees provided for under the applicable law. In case of non-conformity of a Gift Card, the Buyer is obliged to notify the Shopping Centre immediately, but within two months at the latest after the lack of conformity has been discovered.
This guarantee only covers lack of conformity existing when the Gift Card was delivered. Defects or damage due to misuse, such as water damage, negligence and wear and tear, are not covered by this guarantee.
6.2. In the event of a lack of conformity of the Gift Card, the Buyer is obliged to return the defective Gift Card to the Shopping Centre pursuant to Article 5, which will automatically resend a new physical Gift Card.
ARTICLE 7. LIABILITY
7.1. The liability of the Shopping Centre is limited to gross negligence or fraud. Under no circumstances can the Shopping Centre be held liable to compensate for indirect damages (e.g., damage to reputation, loss of earnings etc.) suffered by the Buyer.
7.2. The Shopping Centre cannot be held liable for any inconvenience or damage related to use of the Internet network or due to force majeure, in particular service interruption, outside intrusion or the presence of a computer virus, or any other event that qualifies as force majeure, in accordance with the jurisprudence of the Belgian courts.
7.3. As far as the law allows, the Shopping Centre cannot be held liable for damages that result directly or indirectly from use of the Website.
7.4. The Shopping Centre does not guarantee proper functioning of the Website. As far as the law allows, the Shopping Centre accepts no liability in the event of failure or unavailability, or in the event of any other direct or indirect loss that may arise due to access or use of the Website. The Shopping Centre is in no way liable for damages resulting from any service interruption, technical errors, viruses, or any other factor out of the Shopping Centre's control.
ARTICLE 8. PERSONAL DATA
8.1. We respect your private life, and We comply with the General Data Protection Regulation (GDPR). When you use our website and place an order, we collect certain of your personal data. You can read about what personal data we collect and for what purposes in our privacy policy. You can find our privacy policy here: https://www.westfield.com/cs-cz/privacy-notice
ARTICLE 9. INTELLECTUAL PROPERTY
9.1. All elements that constitute the Website, whether verbal, visual or audible, including the underlying technology and the domain name, are the exclusive property of the Shopping Centre or its Technical Partner. The use and presentation of these elements on the Website do not imply any renunciation of the rights of the Shopping Centre or its Technical Partner, nor any implicit permission to use all or part of these elements without the prior written express approval of the Shopping Centre or its Technical Provider.
9.2. Any unlawful hyperlink to the Website, whatever the technique used, is prohibited (including, but not limited to, "framing" and "inline linking"). In any event, any unlawful link must be removed at the request of the Shopping Centre or the Technical Partner.
ARTICLE 10. MISCELLANEOUS
10.1. The fact that We decide not to assert application of these Terms and Conditions (or part of the Terms and Conditions) can in no way be interpreted as a waiver of the rights under these Terms and Conditions at a later stage or with respect to another Buyer.
10.2. Communications between Us and the Buyer will be made in Czech by telephone or by email.
ARTICLE 11. COMPLAINTS, APPLICABLE LAW, AND JURISDICTION
11.1. All our rights and obligations, as well as those of the Buyer, are governed by and must be interpreted in accordance with the applicable law in our country.
11.2. If you are not satisfied with our services, you may address a complaint, by registered letter with acknowledgement of receipt, by email or phone to the following contact:
CGI METROPOLE, s.r.o.
Řevnická 121/1
Praha 5
155 21
Tel.: 226 081 511
E-mail: info@metropole.cz
11.3. If you are a consumer and you are not satisfied with our services or the internal processing of your complaint, you may resort to the designated out-of-court dispute resolution body, which is:
the Czech trade inspection
Central Inspectorate - ADR department
Štěpánská 15
120 00 Prague 2
The European Commission also has an online dispute resolution platform available here https://ec.europa.eu/consumers/odr/.
11.4. Without prejudice to the overriding and mandatory legal provisions providing for the competence of other jurisdictions (for example for consumers), the Shopping Centre and the Buyer may, in the role of applicant or respondent, refer to the courts in the jurisdiction where the Shopping Centre is located for any conflict arising directly or indirectly from their contractual relationship or in connection with it.
Appendix 1: Form for withdrawing from the contract and requesting a refund of the balance
Metropole Zličín gift cards
I request to withdraw from the contract and return the balance of my prepaid inactive Metropole Zličín gift card to my bank account.
Customer data
Name and surname: ………………………………………………………………….....
Card details
Order reference number: ……………………………………………………
TOKEN cards: …………………………………………………………………………
Details of the refund of the prepaid amount to the following bank account
Account holder: ………………………………………………….............….……………………
IBAN: ……………………………… BIC / SWIFT: ……………….……………………
Account number: …………………………… Bank code: ………………………………………
I confirm the correctness of my given data. A request for a refund of the balance as part of the withdrawal from the contract within 14 days of the purchase is free of charge. The financial amount will be refunded within fourteen (14) days after returning the Gift Card or after you have proven that you sent us the Gift Card including the original receipt/invoice.
Signature of card holder ……………………….
Place, date: …………………… Signature of card holder: ……………………….