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 the Czech Republic, 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 the Czech
Republic.
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.cz/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.cz/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.