1.1. E-mail address of the Platform – e-mail address of the Platform as provided in the contact form;
1.2. Correspondence address – correspondence address of the Platform as provided in the contact form;
1.3. Consumer – a natural person who acts in the Sales Contract for purposes that are not connected with their business, professional, trade or crafts activity;
1.4. User’s Account – an account created on the Platform’s Website enabling the User to top up Giftaro points and to make purchases via the Platform’s Website;
1.5. Platform’s telephone number – telephone number as provided in the contact form;
1.6. Giftaro’s Points – billing units, as accepted by the Platform as part or all of the purchase price of the Goods and Services offered on the Platform. The Points are not exchangeable for money or any other units but can be transferred to another person;
1.7. Terms of Use – these terms of use;
1.8. Platform – an Internet website Giftaro.com, which among other includes offers to purchase goods or services in exchange for Giftaro Points and User Account;
1.9. Seller – GIFTARO Limited with registered office on Marshall Islands, address: GIFTARO Ltd, Trust Company Complex, Ajeltake Road, Ajeltake Island, Majuro, Marshall Islands, MH96960, e-mail address: [email protected];
1.10. Goods – products available on the Platform’s website, offered by the Seller or third parties cooperating with the Platform, which may be subject of the Sales Contract;
1.11. Contract – sales or exchange contract, under which the Seller undertakes to transfer to the User the ownership of Goods or provide Services in exchange for Giftaro Points or one or more Vouchers, concluded remotely, without the simultaneous physical presence of the Seller and the User, with the exclusive use of one or more means of remote communication until the contract is concluded (via website, by phone);
1.12. Service – electronic service available on the Website, offered by the Seller or third parties cooperating with the Platform, which may be subject of the Contract, carried out in accordance with the terms specified for a given Service;
1.13. User – a natural person placing an Order, who is at least 18 years of age and has full legal capacity (in accordance to the written laws applicable to the whereabouts of the User), as well as a legal person and an organisational unit without legal personality, whom special provisions confer legal capacity;
1.14. Voucher – an instrument in an electronic form or paper form with a code assigned to a particular User (in each case personal) and assigned value of Giftaro Points to each particular voucher, entitling the User to:

  1. record in the User’s Account the amount of Giftaro points corresponding to the values of the Voucher;
  2. use for the total or partial payment of the price for Goods or Services available of the Website by reducing their price by the value of the Voucher, or
  3. exchange a given Voucher for a Product or Service available on the Platform’s website

– within the period of validity of the Voucher and in accordance with the conditions set out in these Terms of Use.

1.15. Order – declaration of intent of the User, aimed directly at the conclusion of a Sales Contract via the Platform’s website.

2.1. These Terms of Use specify:

  1. rules of using the Platform, including rules of using the User’s Account, using the Giftaro Points, placing Orders and concluding contracts using the means of distance communications;
  2. types and scope of services provided by the Seller via electronic means;
  3. terms for concluding and terminating contracts for the provision of services via electronic means and terms of providing these services;
  4. technical requirements necessary for adequate cooperation with the ICT system, in relation to services specified in the Terms of Use of Giftaro Platform;
2.2. The Seller is the Administrator of the Platform.
2.3. These Terms of Use apply to every User who uses services provided by the Platform. Each person, before using the Platform, should read these Terms of Use. Each User is absolutely obliged to comply with the provisions of these Terms of Use. Each User is obliged to comply with the provisions of the Terms of Use from the moment they start using the Platform’s website.
2.4. The Seller uses the Platform to promote Goods and Services, to provide Users with information about Goods and Services and to conclude Agreements via the Platform’s website.
2.5. The Seller provides the following services electronically:

  1. setting up the User’s Account;
  2. introduction, update and deletion of the User’s personal data;
  3. allows the exchange of cash or Vouchers for Giftaro Points;
  4. making transactions for the purchase of Goods or Services via the Platform’s website.
  5. sending messages or enquiries to the Seller.
2.6. The Seller does not sell Vouchers via the Platform.
2.7. The use of the Platform requires the User to:

  1. have adequate connection to the Internet,
  2. use Internet Explorer 7.0 (or newer version) or Mozilla Firefox 3.6 (or newer version) Internet Browser,
  3. use of JavaScript and Cookies,

– whereas the Seller is not obliged to provide the above devices or software.

2.8. The User undertakes to:

  1. use the Website in a way that does not interfere with its operation, in particular through the use of specified software or devices;
  2. use any content posted on the Platform’s website in such a way that there will be no copying or reproduction in part or all of any elements protected by exclusive rights, in particular information, content, data, photographs, images, drawings, icons, descriptions of Goods and Services, trademarks and the content of the Terms of Use.

3.1. The use of the Platform is possible only after a User has set up the User Account or after it has been set up on his behalf, and once account it is activated it. In order to set up a User Account, the User provides necessary data required to set up an account, including name, surname, telephone number and e-mail address. After creating the User Account, the User shall receive a message containing an activation link, which is sent to the e-mail address provided during his/her registration process.
3.2. The User may add an e-mail address to the User Account and activate the Account also at a later time, e.g. in the case when he does not have an e-mail account at the time of registration.
3.3. The User Account may be used only by one User. The User is obliged to keep the username and password confidential and not to disclose them to any third parties.
3.4. The User is obliged to use their own and real data when using the Platform. The Seller is not responsible for providing incorrect or false data by the User.
3.5. The User has the right to edit and delete data saved as part of the User Account, with the exception of the User’s name. One User may not own more than one User Account.
3.6. An activated Account contains at least one of the following functionalities:

  1. an option to view a number of Giftaro Points and the date of their validity;
  2. an option to purchase Giftaro Points;
  3. an option to exchange Vouchers to Giftaro Points;
  4. an option to file a motion to transfer Vouchers or Giftaro Points to another User;
  5. an option to purchase Goods and Services;
  6. an option to review User’s Orders;
  7. an option to change User’s data;
  8. an option to delete User’s Account.

4.1. Conclusion of Contracts on the Platform’s website is possible only with the use of Giftaro Points or Vouchers. The Platform accepts neither cash in any kind of currency nor any other value as part of payment for Goods or Services.
4.2. Giftaro Points are credited by the User on his/her Account in the following way:

1) through their purchase by the User;
2) by exchanging Voucher for Giftaro Points;
3) by receiving Vouchers or Giftaro Points from another User.

4.3. The purchase of Giftaro Points takes place on the Platform’s website, exclusively through payment methods made available by the Platform. The Seller does not allow purchase of Giftaro Points for cash or by making payments for Giftaro Points for the benefit of the User by third parties.
4.4. The maximum amount of Giftaro Points that can be purchased by the User during one calendar year is 10000 points. Subsequent transactions made by the User will not be accepted by the Seller.
4.5. In order to ensure the possibility of purchasing Giftaro Points, the Platform uses only services of third parties who have the required authorization to mediate the payment (e.g. PayPal). The Platform is not responsible for the inability to carry out the purchase of Giftaro Points due to improper operation of these entities or for refusal to accept payments by them, e.g. due to the origin of the funds.
4.6. Giftaro Points are saved on the User Account immediately after receiving confirmation by the intermediary of the payment made by the User.
4.7. The User may exchange the Voucher for Giftaro Points by entering codes of the Voucher in a specially designated field within the User Account. Giftaro Points purchased in that way are saved to the User’s Account as soon as the User accepts the Voucher code entered by the User via the Platform’s website system.
4.8. It is forbidden under criminal liability to make any cryptographic attempts to enter a fake Voucher code or to break security of the Platform’s website in any other way. The User may only use the actual, legally acquired Vouchers that he owns on the Platform’s website.
4.9. In case of destruction, loss, theft or accidental loss of a Voucher, a User may contact the Voucher Seller or the Platform Administrator in order to attempt to reproduce the Voucher. The risk of destruction, loss, theft or accidental loss of the Voucher shall be borne by the User.
4.10. Customers can transfer their Vouchers or Giftaro Points to others Users. The Vouchers or Giftaro Points are transferred by sending a request to the administrator of the Platform. Such request should contain an indication of the number or voucher codes of Vouchers or Giftaro Points to be transferred and details of User to whom the transfer is to be made. Vouchers or Giftaro Points acquired in this way are saved to the User’s Account as soon as the Seller accepts requests for the transfer.
4.11. Vouchers and Giftaro Points are not exchangeable for cash. The User who intends to terminate the use of the Platform and to delete the User Account may transfer his/her Vouchers and Giftaro Points to another User or use them for transactions on the Platform. Unused Vouchers or Giftaro Points are deemed to be void.
4.12. Giftaro points are valid:

1) in case of Points purchased by the Customer – for a period of 12 months from the date of their first subscription in the User’s Account;
2) in case of Points originating from Voucher exchange – for the period of validity of the Voucher, but no longer than for 12 months from the date of their first subscription in the User’s Account.

4.13. Handling over Giftaro Points to another User does not affect the validity of the Points.

5.1. The User may place any order for any Good or Service via the Platform.
5.2. In order to conclude a Sales Contract via the Platform, it is necessary to go to the Platform Website, and then select Goods or Services available in the offer of the Platform and place an order, taking further technical steps on the basis of messages or information presented to the User (Order Form).
5.3. Orders on the Platform can be made round the clock, every day of the week.
5.4. By placing an Order, the User has the option of lowering the price of Goods or Services by the value of the Voucher he/she owns, provided that the Voucher has not been previously exchanged by the User for Giftaro Points. In order to lower the price, the User enters the code of the Voucher in the field on the Order Form.
5.5. Payment of the sale price for Goods or Services take place through the receipt by the Seller of an appropriate amount of Giftaro Points from the User’s Account.
5.6. The Seller also allows the conclusion of a contract for exchanging a specific Good or Service for one or more Vouchers. This offer will each time be subject to a separate presentation on the Platform’s Website. In order to exchange the Voucher into a Product or Service,  provisions of the Contact shall be applied accordingly.
5.7. Once the User has purchased Goods or Service, he/she will receive a confirmation to the e-mail address assigned to his/her Account, confirming all essential elements of the Order and the fact of concluding the Contract.
5.8. Contract is concluded when a User receives a confirmation of an Order to an e-mail address.
5.9. In circumstances where Goods or Service are subject to physical delivery to the address indicated by the User, the necessary condition for the acceptance of the Order is to provide correct data enabling the execution of the Order in the Order Form. In the event of any doubts of the Seller as to the correctness of the User’s data, the Seller shall verify these data by contacting the User. In the event of inability to contact the User or to verify the User’s data for reasons attributable to the User, the order will be canceled by the Seller.
5.10. Orders placed on the Website may be made only for personal use and based on User’s data. It is forbidden to make orders for the benefit of third parties.
5.11. Prices of Goods and Services presented on the Platform’s website:

  1. do not include delivery costs, unless otherwise stated on the Platform’s website;
  2. do not include additional fees and taxes that may be appropriate at the place of delivery of Goods or Services.
5.12. Goods are delivered to the User via postal operator, courier or mail order. The deadline for delivery of Goods is up to 7 business days from the date of receipt of an email with an order confirmation by the User.
5.13. Upon receipt of the parcel with ordered Goods, the User should check the parcel and in the case of:

1) mechanical damage to the content of shipment,
2) incomplete shipment or
3) incompliance of the contents of shipment with the subject of the Order

– the User is entitled to refuse to accept the parcel. In this case, the User should immediately notify the Seller about the situation in order to prepare a second shipment of Goods.

5.14. Services available on the Platform’s Website are provided electronically via the Website or Service and an e-mail address provided by the User.
5.15. For selected Goods or Services, periodic special offers, promotions or rebates may be available, details of which will be provided each time in separate regulations.

6.1. User who is a Consumer shall have the right to withdraw from the Sales Contract within 14 days without giving any reason.
6.2. The right to withdraw from the Contract is excluded in the following circumstances:

1) Goods, being dietary supplements or medical devices, delivered to the User in a sealed package, if packaging has been opened after delivery, since then due to health protection and hygiene reasons it is not possible to return the product;
2) Services being electronic services in a form of delivery of digital content, not recorded on a tangible medium, the fulfillment of which commenced with the explicit consent of the consumer before the end of the withdrawal period.

6.3. The deadline to withdraw from the Sales Contract shall expire after 14 days from the date on which the User being a Consumer came into possession of Goods or Services. The date of entering into possession of Goods or Services shall be understood as the date of implementation of the Order in accordance with data provided by the User.
6.4. To exercise the right to withdraw from the Sales Contract, the User being a Consumer is obliged to inform the Supplier in writing to the correspondence address about their decision to withdraw from the Sales Contract by way of an unequivocal statement (a letter sent by mail, courier or email).
6.5. The User who is a Consumer may use the template form of withdrawal from the Sales Contract, which constitutes Appendix 1 to these Terms of Use, but it is not mandatory. The User who is a Consumer may also fill in and send the template form of withdrawal from the Sales Contract via electronic means to the Seller’s email address. If the User who is a Consumer uses this option, the Seller will send him/her immediately a confirmation of receipt of information about withdrawal from the Contract on a durable medium (e-mail, for example).
6.6. To keep the deadline to withdraw from the Sales Contract, it is enough for the User who is a Consumer to send information on exercising their right to withdraw from the Sales Contract before the deadline to withdraw from the Sales Contract.
6.7. In case of a withdrawal from the Sales Contract, the Seller shall return to a User being a Consumer all the payments received from this User, including the delivery costs (with the exception of additional costs resulting from the manner chosen by the User, other than the cheapest, usual delivery method offered by the Seller) immediately and in any event no later than 14 days from the date on which the Supplier was informed about the decision of the User being a Consumer on the exercise of the right to withdraw from the Sales Contract. In the part in which the User’s payments were made in Giftaro Points, the payment is refunded by returning Giftaro Points to the User.
6.8. The Seller may withhold the reimbursement until the receipt by the Supplier of the Goods or until the delivery of the proof of their return, depending which event occurs first.
6.9. The User who is a Consumer is obliged to bear the direct cost of returning the Goods. The amount of these costs is estimated at a maximum of approximately EUR 10.
6.10. In circumstances where after the receipt of the shipment it occurs that either goods or service have defects arising from the delivery or inherent defects, it is necessary to inform the Seller about the defect and follow its instructions. In this case, goods shall be exchanged for a high quality ones (free from defects).
6.11. In case of a non-compliance of the delivered shipment with the Sales Contract or any other violation of the User rights, it is necessary to notify the Supplier. The complaint shall be examined by the Supplier not later than 14 days from the date of effective submission (whereby it is the latest date on which the Supplier may send the shipment or an e-mail in response to the complaint). The date of submission of the complaint is considered the date the complaint is received by the Supplier. In the complaint, the User should provide their name and surname, correspondence address, and type of rights violation that occurred. This applies also to Users who are not Consumers.
6.12. In order to avoid doubts, it is stated that none of the provisions of these Rules of Use limit the powers of the Consumer to which they are entitled on the basis of the laws applicable for the territory of domicile of the Consumer. In the event when a provision is found to this effect, the relevant provisions of the commonly applicable law shall apply.
6.13. The User may at any time demand to resolve the issue being the subject matter of the complaint proceedings by a third party and to this end:

a) make an application to conduct mediation to the mediator or institution before which the mediation proceedings will be conducted,
b) apply to the institution before which the arbitration proceedings are going to be conducted to examine the case by a court of arbitration,
c) if they are a Consumer, they may ask the appropriate consumer ombudsman or other entity for help.

6.14. At http://ec.europa.eu/consumers/odr there is a platform of on-line dispute resolution between consumers and entrepreneurs at the EU level (ODR Platform). The ODR platform is an interactive and multilingual website with a one-stop service for consumers and entrepreneurs seeking an out-of-court settlement of a dispute concerning the contractual obligations arising from an on-line sales contract.
6.15. Goods returned by the User should be adequately sealed so that they will not be damaged or destroyed, in particular by using an appropriate packaging ensuring protection of the Goods against damage.
6.16. In order to improve the service, returned Goods should be marked with the return number: Order ID. This number can be obtained through the Platform’s Website and the Seller. The Order ID number should be described clearly in a visible place on the shipment.

7.1. Users’ personal data is protected in accordance with the Giftaro Privacy Policy, which is an integral part of these Rules of Use.
7.2. The Website Administrator declares that it applies technical and organizational measures to ensure the protection of personal data appropriate to the threats and categories of data protected, in particular, protects data against unauthorized access, unauthorized removal, processing in violation of applicable law and change, loss, damage or destruction.
7.3. Providing personal data by the User is voluntary, but it determines the conclusion of the sales contract for the Services. The User shall have the right to access their personal data and the right to correct them.
7.4. Personal data is processed for purposes related to the User’s use of the Platform in a manner consistent with its intended use.
7.5. With the additional consent granted by the User, the collected personal data may be processed for the purposes of direct marketing of goods and services offered by the Seller and third parties and in order to receive commercial information from the Seller and third parties. The User may at any time opt out of receiving such information by clicking on the “opt out” link, which will be available in every information received.
7.6. The User may demand cessation of the processing of his/her personal data, to the extent specified in the applicable regulations, and also to object to the processing of his personal data
7.7. All activities performed after logging in to the Platform’s website are considered to be made by the User.

8.1. The provision of the service by electronic means is secured against access by third parties using tools commonly recognized for ensuring an adequate level of security.
8.2. It is forbidden to attempt to make any modifications to the content posted on the Platform’s Website.
8.3. The User acknowledges and accepts that it is forbidden to provide the Website Administrator with unlawful, offensive content, content that may be misleading, or content containing viruses or that may cause disruptions or damage to the ICT systems. If the Website Administrator receives a reliable message about the unlawful nature of stored data provided by the User, the Website Administrator may prevent access to this data. The Website Administrator will not be liable to the User for damage resulting from the unauthorized access to data. In the event of obtaining a reliable message about the unlawful nature of the data, the Website Administrator will notify the User about the intention to prevent access to the data. If the Consumer provides the content and data referred to above, the Administrator has the right to make a claim for damages directly to the Consumer, on the terms set out in the relevant legal provisions.

9.1. All intellectual property rights in all materials and content of the Platform Website or any component of the Goods or Services shall remain at all times vested in the Website Administrator or third parties who have consented to their being disseminated by the Website Administrator on the terms set out in these Rules of Use.
9.2. The Consumer has the right to use the content contained on the Website or any component of the Goods and Services only on the terms set out in these Rules of Use and only in the scope of personal use.
9.3. No part of the publication (content such as: text, graphics, logos, icons, images, photos, audio files, videos, data files, presentations, programs and any other data) presented on the Website may be reproduced or distributed in any form and in no way without the prior authorization given by Website Administrator.

10.1. The settlement of any disputes arising between the Seller and the User, who is not a Consumer, shall be subject to the court with jurisdiction over the registered office of the Seller.
10.2. The recognition of individual provisions of these Regulations in the manner prescribed by the law to be invalid or unenforceable shall not affect the validity or enforceability of the remaining provisions hereof. An invalid provision shall be replaced by the provision which achieves to the greatest possible extent the economic, legal and commercial objectives of the invalid or unenforceable provision.
10.3. The Website Administrator shall not be liable for technical problems or technical limitations in data transmission, in particular caused by the failure of ICT systems, telecommunications systems, power systems and due to delays in the operation of an external operator providing data transmission.
10.4. The Website Administrator is not liable for the lack of access to the Platform due to reasons beyond the Administrator’s control. For security reasons and for any other reasons independent of the Website Administrator, the Website Administrator has the right to suspend or temporarily suspend access to the Website for the period necessary to remove any threats or irregularities.
10.5. Subject to limitations resulting from mandatory legal provisions, the Website Administrator is not liable for damages arising in connection with the Website or its use or inability to use by the Consumer or in connection with improper operation, errors, shortages, disruptions, defects, delays in operations or data transmission, computer viruses, line or information system failure.
10.6. The Website Administrator reserves the right to amend the Regulations at any time. In the event of a change to the Rules of Use, its delivery to the Consumer shall take place by placing a new version of the Rules of Use on the Website and sending them via e-mail, no later than 21 days before the changes come into force. The amended Rules of Use shall bind the Consumer if he/she will not resign from using the Website within 14 days from the date of notification of the change to the Rules of Use made in accordance with the Agreement. Using the Website by the Consumer after making changes to the Rules of Use is tantamount to expressing their acceptance.
10.7. These Rules of Use come in force on 1 January.