1. General
provisions
1.1. These
terms and conditions (hereinafter referred to as the “Terms and Conditions”)
set out the general terms and conditions for the use of Gift Cards issued and
distributed by Devanlay Polska Sp. z o.o.
1.2. In these Terms and Conditions, the following
terms shall have the following meanings:
1.2.1. Issuer -
Devanlay Polska Sp. z o.o. with its registered office in Warsaw, 00-120 Warsaw,
59 Złota Street, NIP: 7010341947, REGON: 146127374, registered in the Register
of Entrepreneurs kept by the District Court for the Capital City of Warsaw in
Warsaw, XII Commercial Division of the National Court Register, KRS number
0000419724, with the share capital of PLN 13.038.100,00.
1.2.2. Purchaser
- a natural person, a legal person or an organizational unit that is not a
legal person, to which the law grants legal capacity, having its registered
office in Hungary, who received a Card from the Issuer in exchange for the
transfer of funds.
1.2.3. Physical
Store - the Issuer's point of sale forming part of the Lacoste-branded retail
network, located in Hungary.
1.2.4. Lacoste
Gift Card, Gift Card, Card - a bearer voucher, allowing the User to pay the
price of goods in Physical Stores, up to the value of funds accumulated on this
voucher, fixed on a tangible medium.
1.2.5. User -
any holder of a Gift Card.
1.3. The
minimum value of one Gift Card is PLN 50. No maximum value per Gift Card is set
- its value is determined by the Purchaser at the time of purchase.
1.4. The Gift
Card is valid and active for a period of 12 (twelve) months, from the date of
its activation, but no longer than until all the funds accumulated on it are
exhausted.
1.5. The Card
cannot be exchanged for cash in whole or in part.
1.6. The Card
is not refundable or exchangeable for cash in whole or in part.
1.7. The Card
is an electronic voucher for the bearer only. Completion of a transaction
through the Card will also constitute a valid transaction if the User comes
into possession of the Card in an unauthorized manner.
1.8. To the
fullest extent permitted by law, the Issuer shall not be liable for loss or
damage to the Cards after they are transferred to the Purchaser.
2. Purchase
and activation of the Gift Card
2.1. Lacoste
Gift Cards fixed on a tangible medium are available at Physical Stores.
2.2. The Gift
Card cannot be purchased with another Gift Card.
2.3. Activation
of the Gift Card is carried out at the Physical Store after the Purchaser has
transferred the funds.
2.4. Confirmation
of the date of activation of the Gift Card at the Physical Store is a
non-fiscal receipt or a debit note.
3. Gift
Card Payment Rules
3.1. The Gift
Card can be used to purchase goods offered by the Issuer for its equivalent
value, in accordance with the rules set out in the Terms and Conditions.
3.2. The
Issuer accepts only original, active, undamaged Lacoste Gift Cards for
redemption at Physical Stores.
3.3. To
redeem the Gift Card when shopping at the Physical Store, the barcode on the
Card should be scanned at checkout.
3.4. The
value of the Gift Card is equal to the amount of funds accumulated on it.
3.5. The user
may use the Gift Card repeatedly until the funds accumulated on the Card are
exhausted, without the possibility of recharging it.
3.6. At the
time the User concludes a contract with the Issuer for the sale of goods by
presenting the Card for redemption, the sum of funds accumulated on the Card
will be reduced by the value of funds corresponding to the price due to the
Issuer for the goods.
3.7. When the
balance on the Card is reduced by the amount equal to the price owed to the
Issuer, the Issuer’s claim against the User for the purchase of goods will be
settled in the same amount.
3.8. If the
price of the goods bought with the Card is less than the Card’s current
balance, the User is not entitled to receive the difference in cash. The rest
of the available funds remain on the Card.
3.9. If the
price of the goods bought with the Card is higher than the Card’s current
balance, the User is obliged to pay the difference in cash, by debit/credit
card, or another accepted payment method. The User may also use funds
accumulated on another Card for this purpose.
3.10.
The User of the Lacoste Gift Card can check the
balance of funds available on the Gift Card and its expiration date at the
Physical Store.
3.11.
The Issuer has the right to refuse to redeem
the Card in the following cases:
3.11.1. expiration
of the Card's expiration date,
3.11.2. lack of
funds on the Card;
3.11.3. the Card
being inactive;
3.11.4. reasonable
suspicion of its use in an unlawful manner or in a manner that violates the
rules of fair business, including, in particular, in the case of suspected
fraud, data theft or an attempt to circumvent the security system.
If the
Card is damaged to the extent that it cannot be read, the Issuer may, at its
discretion, allow the Card to be redeemed on the basis of the Card
identification data (number) presented by the User, provided that this does not
raise reasonable doubts about the authenticity and authorization to use the
Card.
4. Complaints
regarding the use of Gift Cards
4.1. Complaints
regarding the use of Gift Cards should be submitted directly to Physical
Stores.
4.2. Complaints
will be processed promptly, but no later than 30 days from the date of receipt
of the complaint by the Issuer.
5. Final
provisions
5.1. Upon
receipt of payment for the Card, the Issuer shall provide the Purchaser with a
debit note, non-fiscal receipt, or confirmation of payment, which shall
constitute proof of purchase of the Card.
5.2. Under
applicable law, the Gift Card does not constitute an electronic payment
instrument, including, in particular, a payment card. The card is a physical
form of a voucher.
5.3. Any
matters not regulated in the Terms and Conditions of Gift Cards will be
governed by generally applicable laws.
5.4. In the
case of the processing of personal data in connection with a complaint or the
use of the Card, the Issuer will be the controller of the personal data and
will process it in accordance with applicable laws, in particular with the
Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR).
The data subject has the right to access, rectification, erasure, restriction
of processing, to object, and the right to lodge a complaint with the
supervisory authority).
5.5. The
content of the Terms and Conditions of Gift Cards is made available in Physical
Stores and at www.lacoste.hu/giftcards At the
request of the User, the content of the Terms and Conditions may be made
available in a form adapted to the needs of persons with special requirements
(e.g., a large-print version or an electronic version for a screen reader).
5.6. The
Issuer reserves the right to change the Terms and Conditions due to changes in
regulations, changes in the technical aspects of issuing and operating the
Cards, or to prevent abuse. All changes are effective 14 days after the date of
their introduction by the Issuer and
after the amended Terms and Conditions are made available in Physical Stores
and at www.lacoste.hu/giftcards
5.7. The
Terms and Conditions of Lacoste Gift Cards shall come into force on 1 January
2025 and shall apply to Lacoste Gift Cards activated and purchased at Physical
Stores from the date of its entry into force.