General Terms and Conditions
These general conditions (hereinafter: "General Conditions") govern the terms and conditions under which the customer (hereinafter: "Customer") may use the site www.giftiamo.com (hereinafter: "Site"), owned by Amilon s.r.l.. with registered office in Milan, via Battaglia, n. 12, enrolled in the Register of Companies of Milan at n. MI-1858746, P. IVA 05921090964 (hereinafter: "Amilon") in order to purchase the Gift Card offered by the latter, containing a credit to be spent at the Shops indicated by a Merchant.
1. Definitions
1.1. Words and expressions marked with a capital letter have the meaning specified in this article, or from time to time in these General Conditions, it being understood that plural terms always include singulars and vice versa:
Account: user profile of the Customer registered on the Site.
Gift Card: bearer creditcard, represented by a unique code / identification, recognized and expendable at the Stores indicated by the Merchant, reported on any physical or digital media.
Material: the texts, images, trademarks or logos of the Merchant.
Merchant: company that issues Gift Cards of variable amount, expendable in the indicated Stores.
Shops: shops, physical and online (e-commerce), the Merchant or third parties who use the Merchant to sell their products to the public and who accept the Gift Card as a means of payment.
Order: the order placed by the Customer to Amilon for the purchase of a certain number of Gift Cards, through the Site.
Parties: the Customer and Amilon.
2. Site registration procedure
2.1. In order to register on the Site, the Customer must:
a) fill in the registration form in the relevant section of the Site, providing the required identification data;
b) enter your e-mail address and choose a password;
c) give their consent to adhere to the General Conditions, ticking the appropriate flags;
d) read the privacy policy and, if necessary, give the required consent, ticking the appropriate flags.
2.2. The Client guarantees that any and all information provided during the registration procedure referred to in this Article 2 is true, accurate, complete and up-to-date. If the Customer provides false, outdated, incomplete personal data, based on the discretionary assessment of Amilon, the latter reserves the right to prevent the Customer from accessing the Site by deactivating and/or deleting the Account(s) created by the Customer.
2.3. The Customer declares to assume full and exclusive responsibility for the secrecy of the access credentials to his/her Account. He, therefore, remains solely responsible for any activity that is carried out through his Account and is liable for damages resulting from the improper use of the access credentials referred to him by third parties, any use of the Site and its contents in violation of the General Conditions, as well as the content of the information entered by him on the Site, acknowledging that he is solely responsible. Should the Customer become aware of any unauthorized use of the access credentials referring to him/her, he/she must immediately report the incident to Amilon. In this case, the Customer must immediately change his password by following a specific guided procedure on the Site.
2.4. The Customer may request the cancellation of his/her Account at any time by notifying Amilon by e-mail at the address [email protected] and specifying in the object "registration cancellation request". Within 48 (forty-eight) hours from receipt of the request made by the Customer, Amilon will execute the cancellation and disable access to the Account.
3. How to purchase Gift Cards
3.1. To purchase the Gift Cards, the Customer must place an Order by selecting the Gift Cards of his interest, the amount expressed in euros, the desired quantity and then proceed to the relevant payment, through the means of payment indicated for this purpose.
3.2. Before proceeding with the payment, the Customer will be required to verify the correctness of the data entered in the Order. Amilon shall not be held responsible in any way for the correctness of the data entered and shall not be obliged to repeat any service performed in favour of a person wrongly indicated by the Customer.
3.3. In case of purchase made in favor of a third party, the Customer must enter in the Order the data of the recipient of the purchase, declaring to have full legitimacy to the use of the data of that third party and assuming exclusive responsibility in this regard.
3.4. During the payment phase, the Customer may be redirected to a web page other than the Site to complete the transaction; in such cases, Amilon cannot be held responsible for the correct functioning and security levels set up by such sites for the execution of the payment transaction.
3.5. The Order must be considered as a contractual proposal for purchase addressed to Amilon by the Customer. Each single contract will be considered finalized when Amilon processes the Order.
3.6. The Order will generally be processed within 48 (forty-eight) hours after it has been sent, except for any delays in crediting that depend on the payment system used by the Customer or by the Customer's banking institutions and/or Amilon.
3.7. After having ordered the payment by sending the Order and after Amilon has processed the Order, the Customer will receive at the e-mail address indicated a communication containing a link to view and download the code of the Gift Cards purchased in the personal page of the Site dedicated to your Account.
3.8. The Customer may proceed with the purchase of Gift Cards even without registering to the Site in advance, by entering an e-mail address and billing information. In this case, however, the link referred to in article 3.7 will send the Customer to the page containing the login and/or registration form: at this point, in order to view the code of the Gift Cards purchased, the Customer must proceed with the registration or login.
3.9. It is understood that for the purposes of the withdrawal referred to in Article 5, with access to the link and download the code in accordance with Article 3.7, the Gift Cards purchased are intended to be used by the Customer.
4. Fees
4.1. All sales prices on the Site are expressed in Euro (€) and are inclusive of VAT, where due.
4.2. If there are sale prices on the Site in different local currencies, the relevant price in Euro (€) will be specified during the purchase phase.
4.3. Amilon will make available to the Customer the Gift Card, at the personal area referred to his Account, only after receiving payment of the total amount due.
4.4. The receipt of payment will be sent to the e-mail address entered during payment, while the receipt of the Order can be downloaded in the personal area of the Site referred to your Account.
5.Right of withdrawal
5.1. The Customer has the right to withdraw, without any penalty and without specifying the reason, within 14 (fourteen) days from the moment in which Amilon, in execution of an Order, has made the Gift Card available. The right of withdrawal referred to in this paragraph is expressly excluded and it will not be possible to exercise it if the Customer has used, in accordance with Article 3.9, the Gift Card object of the Order from which he intends to withdraw.
5.2. To exercise the right of withdrawal, if the term referred to in the previous paragraph has not expired and the Gift Cards subject of the Order from which the Customer intends to withdraw have not been used in accordance with Article 3.9, the Customer must inform Amilon of its decision to withdraw, sending to the support service, at the following e-mail address [email protected] withdrawal form available on the site www.amilon.eu/return-order.
5.3. Following the procedure described in paragraph 5.2 above, the Customer will receive an e-mail confirmation of withdrawal, containing the Order number and the value of the Gift Cards previously purchased.
5.4. In case of withdrawal correctly exercised according to the procedure described in this article 5, Amilon will refund the Customer the value of the same, without undue delay and, in any case, no later than 14 (fourteen) days from receipt of the withdrawal notice by the Customer. The refund will be made using the same payment methods used by the Customer during the purchase.
6. How to use Gift Cards
6.1. The Gift Cards can be spent within the deadline specifically stated on the same, to purchase goods and services at the Merchant Stores that accept the Gift Cards as a method of payment, under the conditions of use established by the Merchants themselves and reported on each Gift Card. It is the Customer's responsibility to verify in advance which Shops accept the Gift Cards and what are their conditions of use.
6.2. If the available credit is not sufficient to fully execute the purchase, it is not guaranteed that all Merchants allow the use of Gift Cards in conjunction with other payment methods. The Customer must ensure that the credit available on the Gift Cards is sufficient for the purchases he intends to make.
7. Customer Bonds
7.1. When sending the Order, the Customer is obliged to pay the amount due for the purchase of Gift Cards. The amount will be indicated in the summary of the Purchase Order. The Customer acknowledges from now on that in default of payment, Amilon will not be able to perform its service of sale of the Gift Cards.
7.2. The Customer is required to keep the Gift Cards safe, with care and diligence. This means that all reasonable measures must be taken to prevent loss, theft or misuse. In particular, the risk of loss, theft or misuse of the Gift Cards is transferred to the Customer upon receipt of the Gift Cards, therefore, in such cases Amilon cannot be held responsible in any way and, since they are not nominal cards, the credit on them will not be refunded in the cases mentioned.
7.3. No use of the Material by the Customer is permitted without the prior permission of Amilon . By way of example, the Client may not modify and/or use the Material either for promotional purposes, or for references, or for advertising purposes of any kind. Such requests shall be handled through specific and separate agreements that the Customer shall conclude with Amilon.
7.4. The Customer undertakes to indemnify and hold harmless Amilon from any claim, request, loss, cost, cost, burden, liability and / or detrimental consequence should it arise from actions and claims made by third parties and / or the Merchant against Amilon, which are consequential to improper and / or unlawful use of the Gift Card and / or Materials put in place by the Customer.
8. Processing of personal data
8.1. Amilon undertakes to comply with all obligations under Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the "protection of individuals with regard to the processing of personal data and on the free movement of such data" (so-called "GDPR"), as well as with the relevant national legislation and the measures of the Data Protection Authority.
8.2. The Customer accepts the processing of personal data according to the privacy policy, which can be consulted on the Site and the consents given when registering on the Site.
8.3. In any case, it is understood that the data will be processed according to principles of lawfulness and correctness, so as to protect fundamental rights and freedoms, in compliance with technical and organizational measures adequate to ensure a level of security appropriate to the risk, with manual and/or automated methods, as provided for in the privacy policy of which the Customer declares to have read.
9. Intellectual and industrial property rights
9.1. All intellectual property rights relating to the Site and its contents, logos, trademarks and any distinctive sign of Amilon are and remain the exclusive property of Amilon. Therefore, the Customer is expressly forbidden to modify, reproduce or use in any way the contents, logos, trademarks and distinctive signs on the Site, as well as the editing, graphics, layout and "look and feel" of any web page on the Site.
10. Unilateral Account Suspension and Cancellation
10.1. The Customer acknowledges and accepts that the use of the Site may be subject to suspension or interruption, in whole or in part, either to allow technical interventions of an ordinary or extraordinary nature, or for reasons of force majeure or beyond the control of Amilon. In any case, Amilon does not guarantee that the Site will always operate without interruption, punctually, safely or error-free.
10.2. Amilon reserves the right to suspend the provision of one or more features of the Site at any time and to cancel the registration to the Site, without the Customer being entitled to claim anything, for any reason, if, at its sole discretion, the Customer:
a) violates the General Conditions;
b) use the individual functionalities of the Site for illegal purposes or for the uploading of illegal content or content that infringes the rights of third parties.
11. Modification of the General Conditions and the Site
11.1. Any change that Amilon may make, at its sole discretion, to the General Conditions will be published on the Site and will become binding for the Customer by virtue of navigation on the Site.
11.2. Amilon also reserves the right to change the features, contents and functionalities of the Site, even without prior notice or acceptance by the Customer.
12. Warranties and limitations of liability
12.1. Amilon shall not be liable, for any reason and in no way, for the consequences arising from the relationship between the Customer and the Merchant at whose Shop the Gift Card is intended to be spent, nor for any improper or improper use by the Customer with respect to the normal use of the Gift Card.
12.2. In any case, it is understood that these General Conditions govern only the purchase and sale of Gift Cards. Amilon will not be liable, for any reason and in no way, for defects or faults of goods and services purchased with the Gift Cards, damages resulting from them and the inability to use the Gift Cards due to causes or facts not attributable to Amilon (for example, unavailability of the Stores). In case of dispute regarding the purchase of goods or services through the Gift Cards, such dispute must be submitted and resolved directly with the Merchant and any refunds or returns are subject to the Merchant's policies and applicable regulations. The Customer expressly acknowledges and agrees that the ability to use the Gift Cards may be temporarily suspended, for example in case of system maintenance by a Merchant and, in such case, the Customer may not be able to make payments.
12.3. In any case, without prejudice to the mandatory provisions of law, the maximum limit of liability of Amilon for any damage, for whatever reason derived to the Customer or third parties in connection with or in execution of the Order, may not exceed the amounts actually paid by the Customer under the Order.
12.4. Amilon, moreover, assumes no liability for indirect damages (including, by way of example and not limited to, loss of profits, business interruption, loss of profit) suffered by the Customer and / or third parties arising from the execution of the Order and / or the use of Gift Cards.
12.5. It is understood that Amilon shall not be liable for the non-fulfilment or delay of its obligations in the event that such non-fulfilment or delay is due, directly or indirectly, to force majeure, meaning any event or circumstance totally beyond the control of Amilon itself.
13. Legislation and Jurisdiction
13.1. The General Conditions are subject exclusively to Italian law.
13.2. Without prejudice to mandatory legal requirements, including consumer protection regulations, the Court of Milan shall have exclusive jurisdiction over disputes arising from the interpretation and execution of the General Conditions.
14. Communications and assistance
14.1. In order to send communications and receive any clarifications regarding your Order and the use of Gift Cards, as well as to contact the assistance service of Amilon, a page of the Site is made available to the Customer in which it is possible to fill in a special form: https://stgmagento.giftiamo.com/pages/contact. The Customer will be contacted at the e-mail address or telephone number indicated on the form itself.
15. Final provisions
15.1. The General Conditions are considered fully accepted by the Customer by registering on the Site and/or by sending a Purchase Order.
15.2. The applicable General Conditions are those in force at the date of registration on the Site or, if subsequently amended, those in force at the time of navigation on the Site and which the Customer accepts pursuant to Article 11.1.
15.3. With specific reference to the provisions concerning the registration and use of the Site through your Account, the General Terms and Conditions shall be valid for an indefinite period of time, starting from the date on which the registration procedure is successfully completed by the Customer and until the moment in which the Customer requests the cancellation of his/her Account in accordance with Article 2.4, or Amilon disposes of unilateral cancellation in accordance with Articles 2.2 and 10.
15.4. With specific reference to the provisions concerning the purchase of Gift Cards, the General Conditions shall last from the date of sending of the Order until the performance of the services deducted therein.
The Client declares to have read, understood and specifically accepted, pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, and art. 33 of the Consumer Code, the following provisions: art. 2 - Registration procedure to the Site; art. 3 - How to purchase; art. 6 - How to use the Gift Card; art. 7 - Customer Bonds; art. 10 - Suspension and unilateral cancellation of the Account; art. 11 - Amendment of the General Conditions and the Site; art. 12 - Guarantees and limitations of liability; art. 13 - Legislation and Jurisdiction; art. 15 - Final provisions.