Gift card rules
Here is the translation into German:
1. GENERAL PROVISIONS
1.1 This Regulation concerns the terms of use of gift cards in the online store of the gift card issuer. It is addressed to both consumers and other entities that enter into product sales agreements with the issuer.
1.2. The issuer of the Gift Card is DAMIAN TOMZIK, operating a business under the name MIUM MASH DAMIAN TOMZIK, registered in the Central Register of Businesses and Information Service of the Republic of Poland, maintained by the Minister responsible for Economy, with: the address of business activity and delivery address: Zebrzydowice 400, 34-130 Kalwaria Zebrzydowska, NIP: 9491919779, REGON: 362827437, and e-mail address: shop@miummash.com.
1.3. Definitions:
All terms not explained below and which have their definitions in the Online Store Regulations shall be understood in accordance with these Regulations.
GIFT CARD – a card entitling the Customer to receive Products in the Seller’s online store within the period and value specified thereon in accordance with these Regulations.
CUSTOMER, HOLDER, HOLDER OF THE GIFT CARD – a natural person with full legal capacity and, in cases provided for by law, also a natural person with limited legal capacity; a legal person or an organizational unit without legal personality to which the law grants legal capacity – the owner of the gift card.
CIVIL CODE – the Act of 23 April 1964, Civil Code (Journal of Laws No. 16, item 93 as amended).
PRODUCT – a movable item available in the Online Store, which may be the subject of a sales agreement between the Customer and the Seller.
REGULATIONS – these regulations governing the use of the Gift Card.
ONLINE SHOP – the Seller’s online store, available at www.miummash.com.
EXHIBITOR, SELLER – DAMIAN TOMZIK, conducting business under the name MIUM MASH DAMIAN TOMZIK, registered in the Central Register of Business Entrepreneurs and Information Service of the Republic of Poland, maintained by the Minister responsible for Economy, with: business address and delivery address: Zebrzydowice 400, 34-130 Kalwaria Zebrzydowska, NIP: 9491919779, REGON: 362827437, and e-mail address: shop@miummash.com.
SALES AGREEMENT – a product sales agreement concluded or concluded between the Customer and the Seller in the Online Store.
2. PAYMENTS AND DELIVERY OF THE GIFT CARD
2.1 The online shop’s provisions regarding available payment methods and delivery conditions apply accordingly.
2.2. The gift card is not a product, but merely a document that entitles the Customer to purchase it under the conditions specified on it. It replaces the money usually used to purchase products in the online store. The card can be purchased in the online store as well as in the Seller's mobile boutique.
2.3. The Issuer offers gift cards in the value of: 300, 500 and 700 Polish Zloty – depending on the amount paid by the Customer.
2.4. Payment for the sale of the Gift Card is made at the Customer’s choice: in cash in the Seller’s mobile boutique, by transfer to the Seller’s bank account, by electronic payment
or by credit card.
2.5. If the gift card is purchased via the online store, delivery of the gift card to the customer is free of charge.
3. GIFT CARD TERMS OF USE
3.1. The gift card is marked with an individual identification code of the customer, which is registered in the seller's system.
3.2. The holder of the Gift Card is entitled to use it within 6 months from the date of issue of the Card to purchase Products in the Online Store, the total value of which does not exceed the face value indicated on the Gift Card. If the value of the Gift Card allows, it can cover the total cost of the order, including the cost of shipping the Product and other additional fees.
3.3. The gift card is redeemed by entering the identification code shown on it in the corresponding field of the order form after adding selected products to the shopping cart. The gift card is only redeemed after the customer has confirmed the order.
3.4. The expiry date of the gift card is always indicated on the card. After expiry, the holder loses the possibility to make payments with the gift card.
3.5. The gift card replaces money in the online store up to the value indicated on it for the purpose of payment under the sales agreement, but is not itself exchangeable for cash.
3.6. The gift card cannot be used to purchase another gift card.
3.7. The Customer has the right to redeem the Gift Card in the event of a sales agreement the value of which exceeds the face value of the Gift Card, provided that in such a case the Customer is obliged to pay the remaining part of the price using the payment methods available in the Online Store.
3.8 The Gift Card may be used to pay for a Sales Agreement with a value less than the face value of the Gift Card redeemed. In such a case, the original value of the Gift Card will be reduced by the amount used to pay for the Sales Agreement. The Gift Card may be redeemed until the funds recorded on it have been fully used or until its expiry date.
3.9. In case of return of the product purchased with the Gift Card by the Customer, the Seller will refund the price paid on a new Gift Card. If the price paid exceeds the value of the Gift Card, the Seller will refund the excess using the same payment method used by the Customer, unless the Customer expressly agrees to another method of repayment that does not entail any costs for him.
4. PERSONAL DATA
4.1. The administrator of personal data processed in connection with the implementation of this Regulation is the Issuer. Personal data are processed in accordance with the applicable legislation, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) - hereinafter referred to as the "GDPR" or "General Data Protection Regulation".
4.2. The Administrator processes personal data for the purposes, to the extent and based on the principles specified in this point of the Regulation. The provision of personal data is voluntary, although
hl failure to provide the personal data necessary for issuing and redeeming the gift voucher makes its use impossible. The Administrator attaches particular importance to protecting the interests of the persons whose personal data it processes and is, in particular, responsible for ensuring that the data it collects: (1) are processed lawfully; (2) are collected for specified, legitimate purposes and are not subject to further processing that is incompatible with those purposes; (3) are factually accurate and adequate in relation to the purposes for which they are processed; (4) are kept in a form that allows identification of data subjects for no longer than is necessary to achieve the purpose of processing; and (5) are processed in a manner that ensures appropriate security of the personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organizational measures. Taking into account the nature, scope, context and purposes of processing as well as the risk of violation of the rights or freedoms of natural persons of varying likelihood and severity of the threat, the Administrator shall implement appropriate technical and organizational measures to ensure that processing is carried out in accordance with this Regulation and to be able to demonstrate that it is in accordance with this Regulation. These measures shall be reviewed and updated as necessary. The Administrator shall apply technical measures to prevent unauthorized persons from obtaining and modifying personal data electronically.
4.3. The Administrator is entitled to process personal data in cases where – and to the extent that – at least one of the following conditions is met: (1) the data subject has given consent to the processing of his or her personal data for one or more specific purposes; (2) the processing is necessary for the performance of a contract to which the data subject is a party or in order to take steps at the request of the data subject prior to entering into a contract; (3) the processing is necessary for the performance of a legal obligation to which the Administrator is subject; or (4) the processing is necessary for the purposes of the legitimate interests pursued by the Administrator or by a third party, unless such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
4.4. The processing of personal data by the Administrator requires the presence of at least one of the above-mentioned reasons each time. Specific reasons for the processing of personal data of Users of the Online Store by the Administrator are specified in the next point of the Regulation - related to the purpose of processing personal data by the Administrator.
4.5 The Administrator may process personal data for the following purposes, on the following grounds, for the following periods and to the following extent:
4.6. It is necessary for the Administrator to use the services of external entities. The Administrator uses only the services of such processing entities that provide sufficient guarantees for the implementation of appropriate technical and organizational measures so that the processing meets the requirements of the GDPR and protects the rights of the data subjects. The Administrator transfers data only if this is necessary for the realization of a specific purpose of processing personal data
is necessary and only to the extent necessary for its realization. Customers' personal data may be transferred to the following recipients or categories of recipients:
4.7. The right to access, rectification, restriction, erasure or portability – the data subject has the right to request from the Administrator access to his/her personal data, their rectification, erasure ("the right to be forgotten") or restriction of processing and has the right to object to processing, as well as the right to data portability. The detailed conditions for exercising the above rights are specified in Articles 15-21 of the GDPR.
4.8. The right to withdraw consent at any time – if personal data are processed by the Administrator on the basis of the expressed consent (pursuant to Article 6 paragraph 1 letter a) or Article 9 paragraph 2 letter a) of the GDPR), the person has the right to withdraw consent at any time, without affecting the lawfulness of processing carried out on the basis of the consent before its withdrawal.
4.9. The right to lodge a complaint with a supervisory authority – the person whose data is processed by the Administrator has the right to lodge a complaint with a supervisory authority in the manner and in accordance with the procedure established by the provisions of the GDPR and Polish law, in particular the Personal Data Protection Act. The supervisory authority in Poland is the President of the Office for Personal Data Protection.
4.10. The right to object – the data subject has the right to object at any time, for reasons related to his or her particular situation, to the processing of his or her personal data based on point (e) (public interest or task) or (f) (legitimate interest of the Administrator), including profiling based on those provisions. The Administrator may no longer process those personal data in such a case, unless he or she proves compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or grounds for the establishment, exercise or defence of legal claims.
4.11 The right to object to direct marketing – where personal data is processed for direct marketing purposes, the data subject has the right to object at any time to the processing of his or her personal data for such marketing purposes, including profiling to the extent that it is related to such direct marketing.
4.12 In order to exercise the rights referred to in this point 4 of the Regulations, one may contact the Administrator by sending the appropriate message in writing or by e-mail to the Administrator's address indicated at the beginning of the Regulations.
5. COMPLAINT PROCEDURE
5.1 Complaints related to the use of the Gift Card and the implementation of this Regulation may be submitted, for example, by e-mail to: shop@miummash.com or in writing to: Zebrzydowice 400, 34-130 Kalwaria Zebrzydowska.
5.2 It is recommended to provide as much information and circumstances regarding the subject of the complaint as possible in the description of the complaint, in particular the nature and date of the incident, contact details and the individual identification code indicated on the gift card - this will facilitate
and accelerates the processing of the complaint by the issuer.
5.3 The Issuer shall respond to the complaint promptly, but no later than 14 days from the date of its submission.
6. FINAL PROVISIONS
6.1 The applicable law is Polish law and the Polish language.
6.2. The Issuer reserves the right to make changes to the Regulation for important reasons, ie changes in the legislation, to the extent that such changes affect the implementation of the provisions of this Regulation. The change in the Regulation will not affect the gift cards already granted. The Issuer will notify the Customer of changes to the Regulation by e-mail.
6.3 In matters not regulated by these Regulations, the provisions of the Civil Code and other relevant Polish legislation shall apply.