ESOTIQ GIFT CARD TERMS AND CONDITIONS
1. I. DEFINITIONS
The terms used in these Terms and Conditions shall have the following meanings:
"Terms and Conditions" – these Terms and Conditions.
1. "Issuer" – ESOTIQ & HENDERSON S.A. with its registered office in Gdańsk, address: ul.
Budowlanych 31c, 80-298 Gdańsk, entered in the Register of Entrepreneurs of the National Court Register by the District Court Gdańsk-Północ in Gdańsk, 7th Commercial Division of the National Court Register, under KRS number 0000370553. Share capital PLN 223,350.00, paid in full. Tax Identification Number (NIP): 583-311-72-20, National Business Registry Number (REGON): 221133543.
2. "Goods" – a product marked with the Esotiq trademark or another trademark, offered for sale in an Esotiq Store or in the Esotiq Online Store.
3. "Esotiq Store" – a place of sale of Goods in Poland, part of the Esotiq chain of stores, marked as accepting Esotiq Gift Cards. The current list of Esotiq Stores is available on the website www.esotiq.com/pl/en/shops .
4. Online Store – an organised IT platform for the presentation and sale of Goods operated by Esotiq via the website www.esotiq.com and the Esotiq mobile application.
5. Esotiq mobile application – software (mobile application) made available by Esotiq to the Customer, intended for installation on the Customer's mobile device and allowing, in particular, the use of the Online Store without the need to launch a browser.
6. "Purchaser" – an entity that transfers funds in an amount equal to the value of the gift voucher at an Esotiq Salon or in the Online Store in exchange for an Esotiq Gift Card.
7. "User" – an entity presenting an Esotiq Gift Card for use when paying for Goods.
8. "Esotiq Gift Card" – a bearer gift voucher containing information about the number of points, issued by Esotiq, entitling the holder to redeem it at Esotiq Stores or in the Online Store. The Gift Card may be in physical or virtual (online) form. Issued by the Issuer, it may also be known under the trade names "Gift Voucher" and "Gift Card".
1. II. GENERAL PROVISIONS
1. These Terms and Conditions set out the rules for activating, transferring and redeeming Esotiq Gift Cards.
2. The activation, transfer and redemption of Esotiq Gift Cards is limited to the territory of the Republic of Poland.
3. The activation of an Esotiq Gift Card, the crediting of points to it and its transfer to the Purchaser may only take place at an Esotiq Salon, in the Online Shop or at the Issuer's registered office.
4. By activating and transferring the Esotiq Gift Card at the Purchaser's request, the Issuer acts in good faith that:
a. the Purchaser has the required legal capacity to perform the legal action;
b. they have read, understood and accepted these Terms and Conditions.
5. Only physical Gift Cards can be purchased at Esotiq stores. Virtual Gift Cards can be purchased at the Online Store. Virtual Gift Cards are sent to the email address provided by the Purchaser. The condition for sending a Gift Card purchased at the Online Store is that the payment has been credited by the Issuer.
6. It is not possible to pay for the Gift Card upon delivery.
7. The physical Gift Card can be used in Esotiq stores and in the Online Store. The virtual Gift Card can be used in Esotiq stores and in the Online Store.
8. No promotions or discounts apply to the purchase of Gift Cards.
9. Virtual Gift Cards have the following values: 50 points, 100 points, 150 points, 200 points, 250 points, 300 points, 350 points, 400 points, 450 points, 500 points. Physical Gift Cards have any value specified by the User, not less than 50 points and not more than 500 points.
10. The value of the Esotiq Gift Card expressed in Polish zlotys (PLN) is equal to the number of points contained on it (1 point equals 1 zloty).
11. The purchase of a Gift Card at an Esotiq Store cannot be combined with the purchase of other Goods. The purchase of a Gift Card in the Online Store can be combined with the purchase of other Goods.
12. When purchasing a virtual Gift Card, it can be personalised by entering a message in the dedicated field in the order form. If the Purchaser does not fill in the section with wishes, the Gift Card will be supplemented with a default message to the User (the recipient). It is prohibited to send wishes that are unlawful, violate personal rights or good manners.
13. The Issuer undertakes to provide the Purchaser with the Esotiq Gift Card together with information about the number of points declared by the Purchaser (the number cannot exceed 500), to activate it, and to accept it for redemption in Esotiq Stores and the Online Store.
The Purchaser undertakes to transfer funds to the Issuer in Polish zlotys (PLN), in cash, by payment card or electronic payment, in an amount equal to the number of points declared, and to redeem the Esotiq Gift Card in Stores or in the Online Store in accordance with the Terms and Conditions.
14. By making an electronic payment or payment by payment card, the Purchaser agrees to the subsequent performance of the service by the Issuer.
15. The funds transferred to the Issuer become the property of the Issuer upon issuance of the Esotiq Gift Card to the Purchaser.
16. The virtual Gift Card is issued by sending it to the email address provided by the Purchaser.
17. The Esotiq Gift Card cannot be obtained by using another Esotiq Gift Card or other gift vouchers.
18. The Esotiq Gift Card cannot be exchanged for cash.
19. Any User who uses the Esotiq Gift Card is entitled to use it.
20. To redeem a Gift Card at an Esotiq Store, it must be handed over to the Store staff. The card will then be retained. A single purchase at an Esotiq Store can be paid for with several Gift Cards, the value of which is added together. If the value of the Gift Card is lower than the price of the Goods, the remaining part of the price must be paid by other methods of payment. The user is entitled to use only part of the Gift Card at the Esotiq Salon for the amount specified by them and to pay the difference using other payment methods. In the event of a return of Goods purchased with a Gift Card at the Esotiq Salon, the price of the returned Goods shall be refunded to a new Gift Card.
21. To redeem a Gift Card in the Online Store, you must provide the card number and PIN code. An order in the Online Store can only be paid for with one Gift Card. If the value of the Gift Card is lower than the price of the Goods, the remaining amount must be paid using other payment methods. The User is not entitled to use only part of the Gift Card in the Online Store for the amount specified by them and pay the difference using other payment methods. In the event of returning Goods purchased with a Gift Card in the Online Store, the price for the returned Goods shall be refunded to the same Gift Card.
22. When the User concludes a contract with the Issuer for the sale of Goods by presenting the Esotiq Gift Card for redemption, the total number of points accumulated on the Esotiq Gift Card shall be reduced by the number of points corresponding to the amount due to Esotiq for the Goods sold.
23. When the number of points accumulated on the Esotiq Gift Card is reduced by the number of points corresponding to the amount due to the Issuer for the Goods purchased using the Esotiq Gift Card, the Issuer's claim against the User for the sale price of the Goods shall be satisfied in an amount equal to the number of points by which the number of points on the Esotiq Gift Card will be reduced. If the purchase made by the User does not exhaust all the points on the Gift Card, the remaining points on the Esotiq Gift Card will be available to the User for subsequent purchases until the points on the Gift Card are exhausted.
24. The Esotiq Gift Card is valid for 2 years from the date of issue and should be used within this period. The amount transferred to obtain the Esotiq Gift Card is not subject to interest. If the Esotiq Gift Card is not used within two years of its validity, the validity of the Card will be extended for a further two years at the express request of the User. A request to extend the validity of the Gift Card should be made at an Esotiq Store or by email to bok@esotiq.com . The card number does not change after extension.
25. It is the responsibility of each Esotiq Gift Card User to protect it from loss and to keep it in good condition.
26. The User has the right to obtain information about the current number of points on the Esotiq Gift Card at an Esotiq store and on the website https://esotiq.com/pl/en/karta-podarunkowa.
27. A Gift Card that is damaged to such an extent that it cannot be used properly shall be replaced if it can be correctly identified. In such a situation, at the User's request, the Issuer will retain the damaged card and issue a new Esotiq Gift Card with the same number of points as were on the damaged Esotiq Gift Card at the time it was returned to the Issuer.
28. The Issuer has the right to refuse immediate redemption of the Esotiq Gift Card and refer the matter for immediate clarification in the event of:
a. reasonable suspicion of alteration or counterfeiting of the Esotiq Gift Card;
b. damage to the Esotiq Gift Card to such an extent that it is impossible to read the data stored on the Esotiq Gift Card.
29. In the event of returning Goods purchased at Esotiq Stores using an ESOTIQ Gift Card, the User shall receive from the Issuer, at the time of returning the Goods, a new card containing information about the number of points corresponding to the price of the Goods being returned.
30. In the event of returning Goods purchased in the Online Store using an ESOTIQ Gift Card, the User shall receive from the Issuer, at the time of returning the Goods, a refund of points to the same virtual Gift Card in an amount corresponding to the price of the Goods being returned.
31. By presenting the Esotiq Gift Card to the staff of Esotiq Stores for redemption and collecting the Goods purchased with the Esotiq Gift Card at an Esotiq Store, the User expresses their willingness to use the Esotiq Gift Card.
32. By entering the Gift Card number and PIN code on the Online Store website and placing an order, the User expresses their willingness to use the virtual Esotiq Gift Card.
III Final provisions
1. Any matters not covered by these Terms and Conditions shall be governed by the provisions of law applicable to gift vouchers, generally applicable law, the Esotiq Store Terms and Conditions (https://esotiq.com/pl/pl/regulamin-sklepu-esotiq), Privacy Policy (https://esotiq.com/pl/pl/polityka-prywatnosci).
2. Any complaints related to Esotiq Gift Cards shall be considered by the Issuer in writing or by email within 14 (fourteen) days from the date of submission of a written complaint by the Purchaser or User.
3. Complaints related to Esotiq Gift Cards may be submitted at Esotiq Stores during their business hours, by email to: reklamacje@esotiq.com or in writing. The complaint should include: name and surname, contact details, circumstances justifying the complaint, as well as the User's specific request related to the complaint. It is recommended to attach documents to the complaint that justify it and may be helpful in resolving the complaint. If the complaint is accepted, the Programme Issuer will issue the Purchaser or User with a new Gift Card with a value equivalent to the funds accumulated on the Gift Card subject to the complaint.
4. The transfer of the Esotiq Gift Card does not constitute a sale subject to goods and services tax within the meaning of the relevant tax regulations. The Purchaser shall receive a non-fiscal receipt at the latest at the time of issuing the physical Esotiq Gift Card, and the purchaser of a virtual Esotiq Gift Card shall receive an accounting note.
5. The Esotiq Gift Card is not a payment card, it is not an electronic payment instrument, it is not an electronic money instrument.
6. The agreement for the use of the Esotiq Gift Card is concluded in Polish and is subject to Polish law.
7. These Terms and Conditions do not limit the rights granted to consumers by the legislation in force in the Republic of Poland.
8. The purchaser of a Gift Card bought in the Online Store who is a consumer or a natural person concluding a contract not directly related to their business activity, as referred to in Article 7aa of the above-mentioned Consumer Rights Act, has the right to withdraw from the Gift Card sales contract without giving any reason within 14 days from the date of conclusion of the contract. Withdrawal from the contract of sale of a Gift Card purchased in the Online Store and its return are subject to the rules of withdrawal and return resulting from applicable law, in particular the Act of 30 May 2014 on consumer rights (Journal of Laws 2020.287, i.e. 2020.02.21, as amended). The refund of the price, if paid, will be made in the manner specified in Chapter XI of the Online Store Regulations ("Refunds to customers"). Withdrawal from the contract is not possible after the Gift Card has been used.
9. The Buyer's and User's personal data is processed by Esotiq in accordance with the Privacy Policy available at: https://esotiq.com/pl/en/privacy-policy .