Terms and conditions for the Visanto Gift Cards

TERMS AND CONDITIONS FOR THE VISANTO GIFT CARD 

 1. Introductory provisions

1. These regulations set out the general rules for the issue and use of the VISANTO Gift Card.
2. Capitalised terms used in these regulations shall have the following meanings:
   1. Regulations - these regulations of the VISANTO Gift Card;
   2. Publisher - Lifepack Vit s.r.o. with its registered office in Ostrava, company address: Hasičská 551/52, 700 30 Ostrava-Jih, Hrabůvka, Czech Republic, registered in the Commercial Register kept by the Regional Court in Ostrava under no. C. 78719, DIČ: CZ08202494, Company ID 08202494. Contact to the Issuer: +420 355 444 110, email: contact@visanto.com;
   3. User - the holder of the Gift Card;
   4. Acquirer - a person who receives a Gift Card of a specified nominal value in EUR from the Issuer in exchange for a transfer of cash in EUR of equivalent value to the Issuer; 
   5. Shop - the online shop operated by the Issuer at https:/visanto.com
   6. Gift Card or Card - an electronic bearer voucher [voucherMPV] issued by the Issuer in dematerialised form in the form of a digital code (digital code in PDF or other specific form) entitling the User to use it in the Issuer's Store under the terms of the Rules. The Gift Card has a unique 16-character alphanumeric code;
   7. Goods - the products and services offered for sale in the Store (including the cost of delivery of the Goods ordered), with the exception of Gift Cards;
   8. Consumer - a person who is a consumer within the meaning of Article 22(1) of the Civil Code, i.e. a natural person who performs a legal act (e.g. concludes a contract) with the Publisher that is not directly related to his/her economic or professional activity;
   9. Individual Entrepreneur - a natural person concluding a contract directly related to his/her business activity, where it follows from the content of that contract that it is not of a professional nature for that person, arising in particular from the subject of his/her business activity, made available pursuant to the provisions of the Central Business Activity Register and Information;
   10. Nominal Value of the Gift Card - the amount selected by the Purchaser from among the available nominal value variants specified by the Issuer.
3. The Purchaser and the User are obliged to comply with these Terms and Conditions. The Purchaser and the User are obliged to inform any further User to whom they transfer the Gift Card immediately of the content of these Terms and Conditions and of the places where the content of these Terms and Conditions can be consulted, in particular that the Gift Card:
   1. can only be redeemed in the Store,
   2. is not refundable or exchangeable for cash,
   3. expires [expires] on a specified date,
4. Nothing in these Terms and Conditions shall be construed as limiting the rights conferred by law on consumers or natural persons concluding a contract directly related to their business activity, when it is clear from the content of such contracts that they are not of a professional nature for such natural persons.

 2. Issue of the Gift Card

1. The Issuer undertakes towards the Purchaser :
   1. in exchange for the transfer by him of a certain amount of cash expressed in zlotys - to transfer to the Purchaser or to an entity indicated by the Purchaser (User) a Gift Card of a nominal value corresponding to the transferred amount of cash which will entitle its User to pay for the Goods in the Store up to the amount corresponding to the current nominal value of the Gift Card.
   2. To accept the Gift Card and redeem it in the Shop.
2. The issue of the Gift Card does not constitute an activity subject to value added tax (VAT) within the meaning of the applicable tax law. 
3. The nominal value of the Gift Card received in exchange for cash is chosen by the Purchaser. The nominal value of the Gift Card is not subject to interest and only enables the Purchaser to purchase Goods using it in the Shop. The Gift Card is valid for a period of 1 year days from the date it is issued to the Purchaser. The expiry date is indicated in the email containing the Gift Card.
4. The Purchaser shall receive a non-fiscal receipt, accounting note or other document from the Issuer, confirming the purchase and the nominal value of the Gift Card purchased. 
5. The Gift Card may not be received:
   1. in exchange for funds in an amount lower than the nominal value of the Gift Card, which means in particular that no discount codes, promotions, rebates, sales or other price reductions apply to Gift Cards,
   2. in exchange for funds on another Gift Card.
6. The Gift Card is not exchangeable for cash, in whole or in part, and is not refundable to the issuer. It is also non-refundable if the Gift Card is not redeemed within the validity period.
7. The Gift Card is not subject to blocking or cancellation. The issuer does not issue duplicate Gift Cards.
8. The risk of accidental loss of the Gift Card passes to the Purchaser when the Gift Card is handed over to the Purchaser.
9. The Acquirer and the User are obliged to handle the Gift Card in a particular way that prevents unauthorised persons from gaining possession of the Gift Card. The Purchaser and User are in particular obliged not to publish the image of the Gift Card.
10. Any user of the Gift Card will be entitled to make purchases in the Store using the Gift Card, irrespective of whether or not he or she has lawfully come into possession of the Gift Card.
11. Subject to the special provisions contained in these Terms and Conditions, the acquisition of the Gift Card shall take place in accordance with the rules applicable to purchases in the Store as set out in the Terms and Conditions available at https://visanto.com/pages/terms-and-conditions. A Gift Card issued in the form of a link to a page with a Gift Card number purchased from the Store will be sent to the Purchaser at the e-mail address indicated by the Purchaser or to the e-mail address indicated for shipping when placing the order within one hour of the order being placed and paid for.

 3. Rules for using the Gift Cards

1. The Issuer accepts Gift Cards for redemption in the Store that are active, with an unexpired expiry date.
2. Redemption of the Gift Card involves the User purchasing Goods in the Store in exchange for payment made using the Gift Card.
3. In order to redeem the Gift Card, it is necessary to enter the 16-character alphanumeric code identifying the Gift Card in the "Add discount code" field,
4. The user can use the Gift Card repeatedly until its Nominal Value is exhausted.
5. When the Gift Card is redeemed in connection with the purchase of Goods, the Nominal Value of the Gift Card will be reduced by the price payable to the Issuer for the Goods sold and the delivery costs (if any). In the event that the value of the Goods purchased:
   1. is higher than the current Value of the Gift Card, the User will be required to pay the price difference by one of the available forms of payment as part of the purchase being made.
   2. is lower than the current Nominal Value of the Gift Card, then the Nominal Value of the Gift Card will be reduced by the value of the Order and the User is not entitled to receive the remaining amount in cash. The User may use the remaining Nominal Value of the Gift Card until its Value is exhausted.
6. Irrespective of the Nominal Value of the Gift Card, it is permissible to make purchases using simultaneously (i.e. in a single purchase): more than one Gift Card.
7. The Issuer has the right to refuse to redeem the Gift Card in the event of:
   1. the expiry date of the Gift Card,
   2. when the Gift Card is inactive [its nominal value has been used up in full],
8. The user has the right to check the current nominal value and expiry date of the Gift Card. Checking the value can be done:
   1. in the Shop in the subpage dedicated to each Gift Card, to which a link is sent in the message after payment of the card,
   2. through an enquiry sent to contact@visanto.com, and the condition for obtaining information by this means is to provide only the last four characters of the Card number in the enquiry.

4 Complaints and returns

1. Complaints relating to Gift Cards will be dealt with by the Publisher within 14 (fourteen) days of the date of the complaint. Complaints can be submitted by e-mail to contact@visanto.com or by post to the Publisher's office address: Lifepack Vit s.r.o., Hasičská 551/52, 700 30 Ostrava-Jih, Hrabůvka, Czech Republic . Complaints concerning the purchased Goods may be lodged in accordance with the general rules.
2. The Purchaser or the User who is a Consumer, in addition to the judicial procedure, may use out-of-court ways of dealing with complaints and claims, in particular:
   1. may apply to the relevant Provincial Inspector of Commercial Inspection to conduct proceedings on out-of-court handling of consumer disputes (www.uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php);
   2. may apply to the Permanent Court of Arbitration operating at the relevant Provincial Trade Inspection Inspectorate (www.uokik.gov.pl/stale_sady_polubowne.php#faq4657) to hear the case;
   3. may apply to the County (City) Consumer Ombudsman (www.uokik.gov.pl/rzecznicy);
   4. may use the European platform for online dispute resolution between consumers and traders at EU level (the so-called "ODR platform") available at https://ec.europa.eu/consumers/odr.
3. The use of out-of-court complaint and redress procedures is voluntary.
4. In the event of withdrawal from the contract and if the User fully or partially returns the Goods, purchased with the Gift Card, the balance of the Gift Card will be increased by the Issuer by an amount equal to the price of the returned Goods, taking into account the discounts granted, up to the maximum value that has been spent from the Gift Card under this order, and if this amount is lower than the value of the returned Goods, the missing part will be refunded in accordance with the Shop Regulations.

 5. Final provisions

1. The Gift Card is not an electronic payment instrument within the meaning of the applicable legislation. The Gift Card is a sign of legitimacy - an electronic voucher to bearer, MPV.
2. These Terms and Conditions are available on the website of the online shop under the link https://visanto.care/gift-cards-terms-and-conditions/.  The publisher is obliged to provide the Terms and Conditions in the form of a .pdf file at the user's request.
3. The Purchaser may read the Terms and Conditions of the Gift Card before purchasing it [link to the Terms and Conditions next to the Gift Card product card], and with the receipt of the Gift Card, the Purchaser shall receive these Terms and Conditions, which set out the rules for the use of the Gift Card.
4. The Publisher will notify Purchasers and Users of any changes to the Terms and Conditions.
5. The Publisher shall have the right to amend the Terms and Conditions at any time without stating a reason, with the proviso that such amendment shall not apply to Gift Cards issued up to the date of amendment of the Terms and Conditions. In particular, the Content of these Terms and Conditions may be changed for a valid reason. Valid reasons are deemed to be:
   1. a change of company, legal form, identification numbers, address or contact details of the Issuer;
   2. the need to adapt the Terms of Use to generally applicable laws and rulings, decisions, provisions, guidelines, interpretations, recommendations or orders of public authorities;
   3. a change or expansion in the existing functionalities of the Gift Card;
   4. a change in the manner and process of acquiring Gift Cards;
   5. a change to existing security measures as well as the prevention of abuse of the law;
   6. the need to change the hyperlinks or links provided in the Terms and Conditions, as well as purely editorial changes to facilitate the clarity of the text, to remove ambiguities and to remove mistakes and clerical errors that might appear in the Terms and Conditions;
   7. the termination of the issue and redemption of Gift Cards.
6. Any matters not covered by these Terms and Conditions will be governed by the rules and regulations of https://www.visanto.care/terms-conditions/ and applicable laws.
7. Detailed information regarding the processing of personal data of Purchasers and Users of Gift Cards is contained in the Privacy Policy available here: https://visanto.com/pages/privacy-policy.
8. Detailed information on the rules of using the Gift Cards can be obtained at the hotline number +420 355 444 110.
9. These Terms and Conditions enter into force on 21.12.2023.