Regulations for Gift Cards

1. Subject of the Regulations.

This document defines the rules for acquiring Gift Cards in the E-Store and Point of Sale, the conditions for their redemption by the User in connection with obtaining benefits in the form of Goods offered by the Issuer and the rights and obligations of the Issuer, the Purchaser and the User.

2. Definitions.

All capitalized terms used in these Regulations will have the meanings given below unless the context of their use indicates otherwise.

The Issuer (or the Seller)– R-GOL Sp. z o. o. (formely R-GOL Marcin Radziwon Sp. K.), Górka 3D, 14-100 Ostróda, NIP: 741-213-29-44, KRS (National Court Register ID): 0001034546.

E-Store – Issuer's online sales platform available at www.R-GOL.com and within subdomains available only in selected countries, through which it is possible to purchase Gift Cards or Goods and use Gift Cards.

Point of Sale – premises operated by or on behalf of the Issuer, which is a physical point of sale for Goods, allowing the purchase of a Gift Card or Goods and the use of a Gift Card.

Gift Card - a voucher purchased by the Purchaser, which can be used by the User in the E-Store or Point of Sale, under the terms described in the Regulations;

Purchaser – a person or entity who, at an E-Store or Point of Sale, transfers funds to the Issuer in an amount equal to the value of the Gift Card, in exchange for which he or she receives a Gift Card from the Issuer with the value of the transferred funds.

User - each holder of a Gift Card who presents it for redemption at an E-Store or Point of Sale by providing the unique Gift Card code and entering the PIN number or presenting the barcode. The User may only be a person with full legal capacity.

Goods – movable items that can be or are the subject of a sales agreement in the E-Store or Point of Sale, included in the Issuer's offer.

Regulations – these Regulations specify the rules for the purchase and redemption of Gift Cards in the E-Store or Point of Sale.

3. General provisions

The Issuer's Primary Responsibility. The Issuer undertakes to provide the Purchaser with a Gift Card of a value corresponding to the funds paid from among the possibilities made available by the Issuer, both in the E-Store and at the Point of Sale, and to redeem the Gift Card according to the rules described in the Regulations.

Transfer of Funds to the Issuer's Property. The funds transferred by the Purchaser in accordance with item 3.1 above become the property of the Issuer in full upon acquisition of the Gift Card.

Purchasing a Gift Card from the E-Store. In order to purchase a Gift Card from the E-Store, the Purchaser:

at www.R-GOL.com/vouchers selects the appropriate card value from among those available and its form (tangible or intangible);
fills in the order form by providing personal data, the scope of which depends on the selected form of the Card;
accepts the provisions of these Regulations and agrees to immediately perform the service of purchasing and issuing the Gift Card;
presses the "Order and Pay" button and is then redirected to a page where payment can be made from among the currently available methods; the Gift Card cannot be purchased by the Purchaser with another Gift Card;
makes payment using the payment methods offered by the Issuer;
in the case of a tangible card - receives a tangible Gift Card bearing a unique code, PIN number and barcode via the selected delivery method.
in the case of an intangible card - receives an intangible Gift Card with a unique code, PIN number and barcode electronically to the e-mail address provided, which confirms the purchase of the Card and the conclusion of the agreement;

Purchasing a Gift Card at a Point of Sale. In order to purchase a Gift Card at a Point of Sale, the Purchaser pays the equivalent of the Card at the cashier of the Point of Sale from among the Card values offered by the Issuer.

Gift Card Activation. When the Gift Card is issued to the Purchaser by the issuer at the Points of Sale, and when the email containing the intangible Gift Card is received, the Gift Card is activated. In case of purchase of a tangible Gift Card shipped through the selected supplier, activation shall take place immediately, but no later than within 3 business days from the date of purchase of the Gift Card.

Gift Card Validity. The Gift Card is valid for the period indicated at activation, with a minimum validity period of 12 months. Each time a Gift Card is issued, the Issuer will indicate the expiration date on the Gift Card. The validity of the Gift Card and its current balance can be checked in the E-Store and at the Points of Sale.

Gift Card Security. Gift Cards are protected by a unique code on them, an assigned Pin number and a barcode. This code is used to confirm transactions made with the Gift Card at an E-Store or Point of Sale.

Loss of Right of Withdrawal. The Purchaser, who is a consumer, by purchasing a Gift Card, agrees that the Issuer will promptly perform in full the service of acquiring and issuing the Gift Card to the Purchaser and activating the Gift Card. The Purchaser, who is a consumer, acknowledges that the purchase of the Gift Card constitutes consent to the immediate performance of the service, resulting in the loss of the right of withdrawal. The above means that the Gift Card is not refundable or exchangeable for cash in whole or in part, based on Article 38(1) of the Consumer Rights Act of 30 May 2014, subject to the provisions of Section 5 of the Regulations.

Nature of the Gift Card. The Gift Card is a bearer card. The Gift Card cannot be topped up, i.e. it is not possible to increase its value by adding money. The Gift Card can be used for more than one transaction, as long as the remaining value of the Gift Card after previous purchases allows it. There may be a surcharge on the order value of the Goods if the Gift Card value is insufficient to fully pay for the order. More than one Gift Card may be used per transaction.

No VAT. Issuance of the Card does not constitute sales subject to value added tax (VAT) within the meaning of the applicable tax laws.

No Electronic Payment Instrument Features.The Gift Card is not an electronic payment instrument, is not an electronic money instrument, is not a payment card or credit card.

No Liability for Loss or Damage to the Card. The Issuer is not responsible for Gift Cards that are lost or damaged after they have been issued to the Purchaser.

No Claims in the Event of Loss or Damage to the Card. Neither the Purchaser nor the User shall have any claim against the Issuer in the event that the Gift Card is lost, destroyed or stolen after it has been issued to the Purchaser. The Issuer is not responsible if the Card is used by an unauthorized person.

Technical Issues. The Issuer is not responsible if there is no temporary possibility to use the Gift Card due to a breakdown, malfunction or other technical problem. The Issuer will endeavour to restore the use of the Card as soon as possible. At the same time, the Issuer reserves the right to carry out technical work that temporarily prevents the use of the Card, but each time such work will be carried out with the least possible inconvenience to the User.

4. Gift Card Redemption Rules.

Basic Rules for the Use of the Gift Card. Gift Card:

may only be used at a Point of Sale located in the country in which it was purchased or in a country with the same currency as the country in which the Card was purchased;
may be used to place an order for Goods in the E-Store as long as payment for the order is made in the standard currency of the original purchase of the Gift Card;
may only be used to purchase Goods that are available in the Issuer's current offering at the time of ordering the Goods.

Method of Redemption of the Card by the User at the Store. The use of the Gift Card by the User in the E-Store consists in providing the details of the Card when placing an order. In particular, it is not permitted to use the Gift Card to pay for Goods that have already been ordered and not yet paid for.

How the Card is redeemed by the User at the Point of Sale. Use of the Gift Card by the User at the Point of Sale requires scanning of the barcode by the Seller.

Card Use Effect. The use of the Card results in the reduction of the amount due for the order by the value of the Card or by its corresponding value if the value of the Card is greater than the value of the ordered Goods.

Restrictions on the Use of the Card. The Gift Card can be used to order Goods that are in the Issuer's current offer at the time of ordering, but the Seller is entitled to limit its use in part or in whole, in particular in relation to Goods discounted or covered by other promotional actions. The Seller shall each time be obliged to clearly inform the User about the scope and time of the above mentioned exclusion.

Expiration of the Card. If a Gift Card expires, neither the Purchaser nor the User is entitled to any claims against the Issuer for failure to use the Gift Card during its validity period, in particular to a refund of unused funds transferred to the Issuer.

The Right to Refuse the Card Redemption. The Issuer has the right to refuse the Gift Card in the following cases:

expiration date of the Gift Card,
reasonable doubt regarding the authenticity of the Gift Card,
damage to the Gift Card to an extent that makes it impossible to read the data recorded on the Gift Card;
occurrence of a temporary sales system failure or other failure beyond the control of the Issuer that prevents the Gift Card from being used in a Store or Stationary Store.

Purchaser's Obligations Related to the Transfer of the Card to the User. The Purchaser, when giving the Card to the User, is obliged to inform the User that:

The Card may be used only on the Regulations specified in these Regulations, in particular the Regulations described in item 4(1) of these Regulations;
The Card is not refundable or exchangeable for cash pursuant to Article 38(1) of the Consumer Rights Act,
has an expiration date after which it cannot be redeemed,
may be redeemed by each User.

5. Return of Goods.

Return of Goods.

Gift Card and Goods Complaints. Goods purchased in the E-Store or Point of Sale using the Gift Card are subject to replacement or return in the event of a justified complaint about the Goods in accordance with the applicable provisions of the Act of 23 April 1964 Civil Code (consolidated text Dz.U. [Journal of Laws] 2016, item 380 as amended) regarding warranty if a defect is found that constitutes non-compliance of the Goods with the agreement.

Method of Complaint Resolution. In the case referred to in item 5.2 above and the withdrawal from the sales agreement, the reimbursement will be made so that the User will be issued a new Gift Card with a value corresponding to the value of the Card used to purchase the Goods, and otherwise in cash. The term of validity of the new Gift Card starts from the day on which the new Gift Card is issued.

6. Complaints.

Complaint Processing Deadline. Any complaints related to the performance of the Gift Cards will be considered by the Issuer in writing or electronically within 14 days from the date of receipt of the complaint filed by the User or the Purchaser.

Method of Filing Complaints. Complaints related to the Gift Cards may be filed by mail to the Issuer's registered address as indicated in item 2.1 of the Regulations, or electronically to [email protected].

Complaint Content. In order to process the complaint as quickly as possible, it is advisable to provide such information as: the name and surname of the User or Purchaser, his correspondence address, a description of the circumstances giving rise to the complaint, e-mail address, the number of the payment or bank transaction to identify the person, order number.

Complaint Processing Information. The complainant shall be notified of the outcome of the complaint handling by registered mail sent to the mailing address indicated in the complaint within the time limit specified in item 6.1 above, or electronically to the e-mail address of the complainant.

7. Personal Data.

Data Controller. The Controller of the personal data of the Purchaser and the User is the Issuer.

Purpose of Data Processing. Personal data is processed in order to: realization of the service of issuing the Gift Card, filing a complaint, investigation and defence against possible complaints, handling of the submitted inquiry.

Voluntariness. The purchase of the Gift Card and the provision of the data required to conclude the agreement is voluntary, but necessary to receive the Gift Card. The purchase of a Gift Card at a Point of Sale does not require the submission of personal data, and the purchase of a Gift Card in the E-Store requires the submission of data necessary to send the Gift Card to the email address provided (in the case of an intangible form of the Card) or to send the Gift Card to the mailing address provided (in the case of a tangible Card).

Purchaser's Entitlements. The Purchaser, whose personal data is processed in connection with the purchase of the Gift Card, has the right at any time to request from the controller access to the data, rectification, erasure, restriction of processing or to object to their processing. The Purchaser also has the right to portability of this data and to lodge a complaint with the supervisory authority. The competent authority is the President of the Data Protection Office in Warsaw.

Data Processing Period. Collected personal data will be processed for the period of the declared validity of the Gift Card, and after this period until the statute of limitations for potential claims or until the expiration of data retention obligations under the law.

Expanded Duty to Inform. Detailed information regarding the processing of the Purchaser's personal data can be found in the Privacy Policy.

8. Amendments to the Regulations.

Amendments to the Regulations. The Issuer reserves the right to change the Regulations if at least one of the following important reasons occurs (closed catalogue):

change in the legal regulations governing the issuance of the Gift Cards affecting the mutual rights and obligations of the Parties;
need to adapt the rules for issuing Gift Cards to orders, rulings, provisions or guidelines resulting from a decision of a public administration authority competent in the field of the Issuer's business or - a court ruling applicable in the field of the Issuer's business affecting the mutual rights and obligations of the Parties;
change in the manner in which the Gift Cards are issued or used due solely to objective and independent technical or technological reasons;
the economic unprofitability of issuing Gift Cards;
change in the form of marketing and promotional activities by the Issuer requiring a modification of the Gift Card program;
occurrence of inaccuracies or doubts in the interpretation of the Regulations;
a merger, demerger or conversion of the Issuer, or a change in the Issuer's other identifying information set forth in these Regulations (to the extent necessary to update such information);
other, exclusively important reasons connected with the Issuer, the Purchaser, the User or relating to the purchase or use of the Card.

Application of the Regulations as Amended. The amendments are effective as of the date indicated in the notice and apply to Gift Cards purchased from that date. Gift Cards acquired prior to the effective date of the amendments to the Regulations shall be redeemed in accordance with the existing rules.

9. Out-of-court Complaint and Redressal Procedures and the Rules of Access to Those Procedures.

Information About Amicable Dispute Resolution. A dispute arising from an agreement concluded between the Purchaser and the Issuer may be settled amicably through proceedings for out-of-court settlement of consumer disputes. Issuer's participation in any out-of-court consumer dispute resolution process is voluntary and the information provided below does not constitute an obligation for Issuer to participate in such a process. If, following a complaint submitted by the Purchaser, the dispute has not been resolved, the Issuer shall each time forward to the Purchaser, on paper or another durable medium, a statement of the intention to apply for out-of-court settlement of consumer disputes procedure or consent to participate in such procedure or refuse to participate in the procedure for out-of-court settlement of consumer disputes. If the Issuer has not made any statement, it will be deemed to have agreed to participate in the procedure for out-of-court settlement of consumer disputes.

Trade Inspection. Under the rules specified in the Act of 15 December 2000 on Trade Inspection, a dispute over property rights arising from the contract concluded between the Parties may be submitted, at the Purchaser's request, to permanent arbitration courts at provincial Trade Inspection inspectors.

Trade Inspection Activities. Under the terms of the Act of 15 December 2000 on Trade Inspection, if warranted by the nature of the case, the Provincial Trade Inspection Inspector takes action to resolve a civil law dispute between a consumer and an entrepreneur out of court by making it possible to bring the parties' positions together to resolve the dispute or present the parties with a proposal to resolve the dispute. The proceedings are initiated upon request of the Purchaser, submitted to the Provincial Inspector competent for the place of business activity of the Issuer.

Free Consumer Counselling. The Purchaser may also turn to the county (municipal) consumer ombudsman, whose tasks include, in particular, the provision of free consumer advice and legal information on the protection of consumer interests and applying to entrepreneurs in matters concerning the protection of consumer rights and interests.

Other Legal Information. The rules and procedures for access to out-of-court resolution of consumer disputes are defined separately in the provisions of the law (including, in particular, the Act of 23 September 2016 on out-of-court resolution of consumer disputes) or in the regulations applied by the entities authorized in the resolution of consumer disputes, in particular, in the rules and regulations in force at these entities. The Purchaser can also obtain information about out-of-court complaint handling and claim procedures and the rules of access to these procedures on the websites of district (city) consumer advocates, social organizations, provincial inspectorates of trade inspections, social organizations whose statutory tasks include consumer protection and the Office of Competition and Consumer Protection (in particular: Consumer protection).

ODR Platform. In accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on ODR in consumer disputes), the Participant may file a complaint via the ODR online platform.

User Rights. The rights indicated in 9.1 - 9.6 above shall be vested in the User respectively.

10. Final Provisions.

Availability of the Regulations. Full content of the Regulations is available on the website https://www.r-gol.com/en/info/regulations-forcom-gift-cards and at Points of Sale.

Contact. Except as otherwise provided in these Regulations, all correspondence relating to Gift Cards should be addressed to the following address: [email protected]. The Issuer can be contacted by calling +48 22 230 2470.

Severability Clause. If any provision of these Regulations is held invalid or ineffective as provided by law, this shall not affect the validity or effectiveness of the remaining provisions of these Regulations. The invalid provision will be replaced by the rule that comes closest to the purposes of the invalid provision and these Regulations as a whole.

Court of Competent Jurisdiction. The court competent to hear disputes related to the subject matter of these Regulations shall be the court of general jurisdiction.

Governing Law. The laws of the Republic of Poland shall apply to the resolution of any disputes arising from these Regulations, and the courts shall be common courts in the Republic of Poland, unless otherwise provided by mandatory provisions of law.

Choice of Law and the Consumer Entitlement. The choice of Polish law under the Regulations shall not deprive the Purchaser and the User who is a consumer of the protection granted to the User under the provisions which cannot be excluded by agreement between the Issuer and the Purchaser under the law which, in accordance with the relevant regulations, would be applicable to the right of choice.

The Regulations Language. The Regulations have been drawn up in several language versions. In case of any doubts as to interpretation, the Polish version shall prevail.

Applicability of the Regulations. The Regulations are effective as of 01.10.2023r.

Version 1.0 - effective as of 01.10.2023r.