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General terms and conditions of sale

Before using our services, we invite you to read the General Terms and Conditions of Sale, Terms and Conditions of Use, as well as our Privacy and Cookie Policies and the right of Withdrawal A carefully.

By registering on the Eezecard Platform and using its services you accept, in full, these General Terms and Conditions of Sale and declare to have read and accepted our Terms and Conditions of Use as well as our Privacy and Cookie Policies.

In the General Terms and Conditions of Sale, as well as in the General information, in the Terms and Conditions of Use, in the Privacy and Cookie Policies and in the Right of Withdrawal A, every time the terms referred listed below are used, they should be given the meanings defined in this section:

1. "Privacy Code": Legislative Decree June 30, 2003, no. 196.
2. 
"General Terms and Conditions of Sale": terms and conditions of sale for the purchase of Eezecard on www.eezecard.com
3. 
"Cookies": cookies are small text files that the Website sends to the User terminal (usually to the browser), where they are stored in order to be retransmitted to the same website on the next visit of the same User. When browsing a Website, the User may also receive on his terminal cookies from different websites or web servers (so-called third-party cookies); this is because the visited Website may present elements as, for example, images, maps, sounds, specific links to web pages of other domains that reside on servers different from the one where the Website is located. In other words, they are cookies which are set by a website other than the Website itself.
4.
"Eezecard": gift card sold by Eezecard s.r.l., in paper and/or digital format, associated to a Promo Code that can be used on the Partner's website for the purchase of Products for Sale.
5. 
"Extravalue": difference between the usable value on the Partner's e-commerce website and the Eezecard purchase Price.
6. 
"Home page": the first access page of the Website.
7. 
"Log File": chronological record of the operations as they are carried out.
8. 
"Partner": Commercial Partner of Eezecard s.r.l. to which the Eezecards are connected.
9. 
"Products for Sale": products for sale on the e-commerce website of the Partner.
10. 
"Promo Code": digital purchase codes issued by the Partner and associated with the Eezecards.
11. 
"Withdrawal A": right of withdrawal established in article 52 of Legislative Decree 206 of 2005 and subsequent amendments, exercised by the End User in connection with the purchase of Eezecard.
12. 
"Withdrawal B": right of withdrawal established in article 52 of Legislative Decree 206 of 2005 and subsequent amendments, exercised by the End User in connection with the purchase of Products for Sale.
13. 
"Privacy and Cookie Policy": Terms and conditions herein are governed by Italian law and, in particular, according to the Privacy Code.
14. 
"Shop": section of the Website where you can shop online.
15. 
"Website or Platform": www.eezecard.com.
16. 
"Company": Eezecard s.r.l., registered office in Bologna, via della Braina no. 13, registered capital € 100,000.00, VAT no. 03633701200, owner of the Website.
17. 
"User": natural or legal person browsing the Webite.

 

I. GENERAL INFORMATION
II. 
GENERAL TERMS AND CONDITIONS OF SALE
III. 
TERMS AND CONDITIONS OF USE
IV. 
PRIVACY POLICY
V. 
COOKIE POLICY
VI. 
RIGHT OF WITHDRAWAL A


1. ABOUT US
(I)
GENERAL INFORMATION
1.1
Eezecard s.r.l. has designed, developed and implemented the Eezecard Platform and its mobile applications, as well as the Eezecards.
1.2
With the Eezecards you will be able to buy the Partner's Products for sale at affordable prices.
1.3
The Company is in no way connected to the production, sale and marketing and/or supply of the Products for Sale offered on the on Partner's e-commerce website. Therefore any dispute and/or complaint regarding the accuracy of the information on the quality and features of the Products for Sale, their compliance and security and more in general on the obligations arising from the contract with the Partner should be addressed solely to the latter.
1.4
The contract between you and our Company has the sole purpose of the purchase of one or more Eezecards and, consequently, the Company will be required to ensure proper execution of the relating sales contract only. Whenever you use the Eezecard on the e-commerce website of the Partner, you enter into a sales contract directly and only with the Partner, for the purchase and supply of the Products for Sale.


2. REGISTRATION
2.1
In order to benefit from the Platform's features, and to be able to buy one or more Eezecards, you must register online and create a personal Account.
2.2
For registration purposes you must provide the following information: first name, surname, e-mail and any additional information deemed necessary to ensure the safety and proper operation of the Platform.
2.3
During the registration phase, you will be asked to create a personal password.
2.4
It is absolutely necessary that the information provided during registration is correct and truthful. Please be sure to keep the password provided during registration safe, ensuring its confidentiality and preventing unauthorised access of third parties under your direct responsibility.
2.5
If any information provided during registration should change you  must promptly update your personal Account data.


3. WHAT IS EEZECARD

3.1
Eezecard is a gift card that you can buy for yourself or as a gift for other people on our Platform, in correspondence with advertising campaigns for Partners and to which they will specifically be associated with.
3.2
Eezecard allows you to purchase Products for Sale on the associated Partner's e-commerce website using Promo Codes.
3.3
Eezecard will be sent in digital or paper format, according to your preference.


(II) GENERAL TERMS AND CONDITIONS OF SALE ARTICLE 1 - PURCHASE OF EEZECARD

1.1
Eezecard may be purchased by Users who have reached the age of majority (18 years). In order to login to the purchase area you must first register on the Eezecard Platform, creating a personal Account.
1.2
In order to finalise the sales contract you must:

  • select the number of Eezecards that you want to purchase, choosing from the different available denominations that will appear in the appropriate section of the Website and, finally, add them to the cart;
  • click on the purchase button and/or gift button with which you will send a purchase request of the Eezecard to Eezecard s.r.l. The purchase will be considered finalised once your purchase order and payment are received. Our Company expressly reserves the right to refuse your request for technical reasons and/or if the data provided during registration are unreliable and/or there are grounds for suspecting that the Account is used by an unauthorized third party.


ARTICLE 2 - USE OF THE EEZECARD
2.1
Unless otherwise specifically provided for at the time of the purchase, the Eezecard:

  • may be used only once on the Partner's e-commerce website and may not, therefore, be used for purchases at different times and that are not, anyhow, part of a single order on the Partner's e-commerce website.
  • cannot be combined with the value of other Eezecards you might have purchased;
  • will allow you to buy one or more products with a value equal or even higher than the value of the Eezecard. In the latter case, you will have to add the difference needed to purchase one or more of the selected Products for Sale on the Partner's e-commerce website. If you purchase a product below the value of the Eezecard, you shall not be entitled to any refund for the unused part of the Extravalue.

In any case, if you do not use the full value of the Eezecard on the Partner's e-commerce website, you will not be entitled to any refund for the unused part.

  • The purchased Eezecard can be used solely and exclusively for the purchase of Products for Sale on the Partner's associated e-commerce Website.

2.2 The Eezecard must be used within the period indicated at the time of the purchase on our Platform, that may also be found in the Eezecard's purchase confirmation e-mail. Once the duration period has expired, the Eezecard can no longer be used and you will not be entitled to any refund.
2.3
In case of theft or loss of the Eezecard you will not be entitled to any refund and/or replacement of the Eezecard from our Company.
2.4  
Any reproduction of the Eezecard and its commercial exchange is forbidden.


ARTICLE 3 - WITHDRAWAL A

3.1
In accordance with the provisions of the Consumer Code, Legislative Decree No. 206 of 2005, if you are a Consumer, under article 3, paragraph 1, letter a) of the Consumer Code, you may withdraw from the purchase of the Eezecard within 14 (fourteen) working days from the day of receipt of the digital Eezecard's purchase confirmation e-mail or from the delivery of the parcel containing the paper Eezecard.
3.2
In order to be effective, the withdrawal must be notified within the period specified in the preceding paragraph, in accordance with the procedures set out in the following article 4.
3.3
The User is not entitled to exercise Withdrawal A in case of use of the Eezecard on the Partner's website and, anyhow, once the deadline referred to in paragraph 3.1 above has expired. The right of withdrawal B towards the Partner is without prejudice within the terms of law and according to the terms contained on the Partner's e-commerce website and in its terms and conditions of sale, which we encourage you to read. In case of Withdrawal B the Consumer will not be entitled to a refund from the Partner for the part of the price paid for the service provided by Eezecard, as resulting from the tax document issued at the time of purchase of the Eezecard
3.4 In case of withdrawal you will not have to provide any motivation and/or justification and will not be reliable for any penalties and/or costs, except for the delivery of the product to be returned in case of purchase of a paper Eezecard.
3.5
These provisions do not apply for Professional as identified by article 3, paragraph 1 of Legislative Decree No. 206 of 2005.


ARTICLE 4 - WITHDRAWAL A PROCEDURE

4.1 
The Consumer's notice to exercise the right of Withdrawal A may be forwarded to the Support Service at the following e-mail address help@eezecard.com or by mail to the address via della Braina no. 13, 40124, Bologna, attaching the online cancellation form available on our Platform or through another statement of the Consumer expressing the intention to exercise the right of withdrawal.  In the appropriate form, or in any case, the withdrawal statement, must contain: i) order number, ii) date of the contract, iii) purchase price, iv) quantity of Eezecards.
4.2
Eezecard s.r.l., upon receipt of the withdrawal A notice, will send a confirmation e-mail of the acceptance of the request.
4.3
In case of purchase of a paper Eezecard, the parcel containing the Eezecard must be sent to Eezecard s.r.l. in its original packaging, within 14 (fourteen) days, starting from the date of the User's notice to Eezecard s.r.l. of the will to exercise the right of withdrawal A. After the expiration of the period without delivery of the Eezecard/s the User loses the right of Withdrawal A and the related right for refund of the purchase price.


ARTICLE 5 - REFUND PROCEDURE

5.1
In case of Withdrawal A of the Consumer, Eezecard s. r. l. is obliged to refund the Eezecard's purchase price, except for the shipping costs incurred by the User.
5.2
The purchase price, if the right of withdrawal is properly exercised according to the provisions of law and the procedure indicated in article 4 of these General Terms and Conditions of Sale, will be refunded within 14 (fourteen) days starting from a) the return of the Eezecard in case of paper Eezecard or b) from the receipt of the e-mail containing the attached cancellation form, in case of purchase of a digital Eezecard. You will be refunded with the same payment method chosen for your purchase.
5.3
Only the person who made the payment, through his or her personal account, may request the refund of the purchase price.


ARTICLE 6 - EXCLUSION OF THE RIGHT OF WITHDRAWAL A

6.1
The right of withdrawal A is excluded:
a)
in case of a paper Eezecard purchase when the paper Eezecard is no longer intact and/or presenting obvious damage, defects, deterioration and/or alterations of any kind, not determined by  ordinary tasks required to establish its, nature, characteristics and operation;
b)
in any case of Withdrawal A notice without the characteristics and information necessary for the compliance with the procedure laid down in article 4 of these General Terms and Conditions of Sale and in case of non-compliance with legal provisions;
c)
in case of use of the Eezecard on the Partner's e-commerce website.


ARTICLE 7 – LIABILITY FOR PRODUCTS PURCHASED ON THE PARTNER’S E-COMMERCE WEBSITE

7.1
Eezecard s.r.l. cannot be held liable for the quality, safety and possible defects of the Products for Sale purchased by the User on the Partner's e-commerce website, for which only the Partner is liable
7.2 Eezecard s.r.l. does not, in fact, produce, sell, supply and/or distribute the Partner's Products for Sale. The latter is in fact:
a) 
the manufacturer and/or seller and/or supplier and/or distributor of the Products for Sale;
b) 
the party concluding the sales contract with the owner of the Eezecard, when the User uses it on the Partner's e-commerce website;
c) 
the one responsible for supplying the Eezecard's owner the Products for Sale.

 

ARTICLE 8 - PAYMENT METHOD
8.1
The User may pay using all major debit and credit cards, as stated on the Website. Methods of payment differing from those indicated on the Webite will not be accepted.
8.2
In order to ensure better security the User will be requested to enter all information on the debit or credit card for each purchase made. The User authorizes our Company to use the credit or debit card information provided, even after the Eezecard purchase request: (i) in order to complete the commercial operation, (ii) for possible refunds.
8.3
In case of payment by debit or credit card belonging to third parties, Eezecard s.r.l. reserves the right to request authorization from the cardholder.


ARTICLE 9 – PRIVACY, INTELLECTUAL PROPERTY AND TRADEMARKS
9.1
Any information on the Privacy Policy of Eezecard s.r.l. and the use of Cookies is contained in the relevant section of the Website.
9.2
The User is obliged to keep the username and password safe and confidential.
9.3
Eezecard s.r.l. owns the trademarks "Eezecard" and "Eeze" both regularly registered in the competent Offices and any other distinguishing features that include the word "Eeze", including the domain name "eezecard.com".
9.4
The brand "Eeze" and "Eezecard", as well as any other kind of Eezecard's distinctive feature, all content, images, representations and illustrations, sounds, graphics of the Eezecard platform are and remain exclusive property of Eezecard s.r.l. and/or possible third party owners that authorised Eezecard s.r.l. the use on its Platform. Without the written consent of Eezecard s.r.l. you may not amend, reproduce, publish or transfer to third parties any property right on trademarks or any other intellectual property of Eezecard s.r.l. and/or third parties appearing on the Eezecard platform.


ARTICLE 10 - APPLICABLE LAW
10.1
The relationships between Eezecard s.r.l. and the Consumers are governed by the terms contained in these General Terms and Conditions of Sale and, although not expressly stated, reference is made to the Consumer Code, Civil Code and Electronic Commerce Code.
10.2 
Eezecard s.r.l. does not recognize the applicability of Consumer Code provisions to professionals as well as of the articles of these General Terms and Conditions of Sale directly or indirectly reproducing them. For all that is not expressly provided for, reference is made to the Civil Code and the Electronic Commerce Code.
10.3 
The Consumer has the right to act in order to protect his interests, if any, by addressing a consumer association or promoting an out-of-court settlement of the dispute. Alternatively, he or she is entitled to present an ordinary legal proceeding in the competent Court.
10.4 
Any dispute concerning the interpretation and enforcement of the provisions of these     General Terms and Conditions of Sale or relating to the contents of the Website will be governed by Italian law and shall be under the jurisdiction of the Court of Milan, except for the cases in which the Consumer Code establishes the exclusive jurisdiction of the Court of residence of the Consumer.


ARTICLE 11 - CORRECTIONS AND UPDATES
11.1 
Our Company may update the General Terms and Conditions of Sale at any time in order   to adapt them to the provisions of law.
11.2 
The new terms and conditions of sale will be effective from the date of publication on the Eezecard Platform.
Eezecard s.r.l. reserves the right to amend, restrict or block the Platform features at any time and is committed to ensuring that the services are easily accessible, while pointing out that some or all of the features of the Platform may always be suspended for the time necessary for the maintenance and development of the Platform itself.