Terms and Conditions of the Gift Card

REGULATIONS OF THE HOTCHILISEX GIFT CARD


Glossary


  1. Publisher/Acceptor - Hotchilisex Sp. z o. o. with its registered office in Gdańsk, Al. Grunwaldzka No. 56 apt. 113 , 80-241 Gdańsk, entered into the Register of Entrepreneurs kept by the District Court in Gdańsk, Vll Commercial Division of the National Court Register, under KRS number 0000906276, NIP 9571134394, REGON 389195960, with a share capital of PLN 5,000.00, paid up in full;
  2. Card - an electronic voucher, the value of which is equal to the nominal value of the Card, issued to the bearer, entitling the User to redeem it in the Issuer's Online Store; The card is issued by the Issuer in the form of a QR code (Electronic Gift Card);
  3. Purchaser - a natural person, legal person or organizational unit that is not a legal person, to whom the law grants legal capacity, who received a Card from the Publisher in the Online Store www.hotchilisex.com or following an order sent to the Issuer's e-mail address: orders@hotchilisex.com, in exchange for the transfer of funds;
  4. User - each holder of an Electronic Card with a QR code;
  5. Goods - items offered for sale in the online store www.hotchilisex.com;
  6. Card activation – activation of the Card enabling its use.

    l. General Provisions

     

    1. The Issuer undertakes to provide the Purchaser with the Electronic Card and to accept it for implementation, after meeting the conditions set out in these regulations.
    2. The Buyer may receive the Card in electronic form after purchasing a Gift card – Hotchilisex Sp. z o.o. or by placing an order to the e-mail address: orders@hotchilisex.com, with the proviso that orders at www.hotchilisex.com and email address orders@hotchilisex.com can only be submitted to a maximum of 10 cards with a total value of up to PLN 5,000.00.
    3. The Purchaser undertakes to transfer funds to the Issuer in the amount of at least PLN 10 (purchase of Cards online). The amount of cash transferred is the nominal value of the Card. After transferring the funds in the online store, the Issuer will activate the card. The Card cannot be purchased with a second Card or another gift voucher.
    4. Activation of Electronic gift cards takes place when an encrypted file with cards is sent to the Buyer's e-mail address.
    5. The Buyer is entitled to make transactions via the Card after its Activation, in the online store www.hotchilisex.com, during the Card's validity period.
    6. The funds transferred by the Buyer in accordance with point 3 above become the property of the Issuer in full at the time of Card Activation.
    7. The card can only be used in the Issuer's online store.
    8. The Card cannot be exchanged for cash (including cash) in whole or in part, another Card and is not refundable.
    9. The card is an electronic voucher for the bearer only. The execution of a transaction via the Card will also constitute a valid transaction in the event that the User comes into possession of the Card in an unauthorized manner.
    10. To the fullest extent permitted by law, the Issuer shall not be liable for Cards that are lost or damaged after they have been delivered to the Purchaser.
    11. The Card is valid and active for an indefinite period from the moment of its Activation, but not longer than until all funds accumulated on it are exhausted.

     

    ll. Rules for using the Card

    1. The Issuer accepts only active Cards with all security measures to protect against counterfeiting in the online store.
    2. The value of the Card is equal to the amount of funds contained on it.
    3. At the moment when the User concludes a contract for the sale of Goods or the provision of Services with the Issuer by presenting the Card for execution, 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 Good or Service.
    4. When the sum of funds accumulated on the Card is reduced by the value of funds corresponding to the amount of the price due to the Issuer, the Issuer's claim against the User for the sale price of the Goods or the provision of Services will be written off in the amount equal to the value of the funds by which the sum of funds accumulated on the Card will be reduced.
    5. When using the Card, the User is not entitled to receive change if the value of the Goods received or the Service provided is lower than the current nominal value of the Card. The rest of the available funds remain on the Card.
    6. The User is obliged to pay the price difference in cash, with a payment card or other means of payment, when the value of the Goods received or the Service provided is higher than the current nominal value of the Card.
    7. In the event that the price of Goods or Services purchased with the use of the Card is higher than the value of the funds on the Card, the User may use the funds accumulated on another Card.
    8. The User may use the Card many times.
    9. A maximum of PLN 500.00 can be saved on the Card.
    10. Information about the expiry date and the sum of funds accumulated on the Card can be obtained by the User in the Issuer's online store.

    III. Return of Goods or price reduction


    1. The provisions contained in this provision apply only and exclusively to the return of the Goods or the reduction of the price resulting from the Publisher's acceptance of the complaint of the Goods or Services. The provisions indicated in this provision, however, do not exclude or limit the rights of consumers under the mandatory provisions of law.
    2. Subject to the content of section 1 above, in the event of returning the Goods purchased in the Issuer's Stores using the Card or in the event of a price reduction, the User will receive a new Card from the Issuer, on which funds will be saved in the amount corresponding to the price of the returned Goods or the value by which the Seller reduced the price. The card will be valid for an indefinite period.

    lV. Final Provisions


    1. The card cannot be exchanged for cash (including cash).
    2. Issuance of the Card does not constitute sales subject to value added tax (VAT) within the meaning of the applicable tax law. At the time of issuing the Card, the User receives from the Issuer, upon request submitted at the latest at the time of issuing the Card, a written receipt which is not a fiscal receipt (purchase in the Store) or an accounting note (purchase in the Store and in the case of orders placed to the e-mail address indicated in point I section 2).
    3. A gift card within the meaning of applicable law is not a payment card. The card is an electronic form of a gift voucher.
    4. Any matters not covered by these Regulations shall be governed by the provisions on bearer ID cards.
    5. The content of these Regulations is available on the website at Gift card – Hotchilisex Sp. z o.o. .
    6. The Issuer reserves the right to change the Regulations due to changes in regulations, changes in the technical aspects of issuing and servicing Cards or in order to prevent abuse.

    Any changes are valid after 7 days from the date of their introduction by the Publisher and after the amended Regulations are made available on the Gift card – Hotchilisex Sp. z o.o.


    Gdańsk, on December 30, 2022