Definitions
Gift card is a payment card with a prepaid credit and can be paid in a closed network.
Closed network is a list of Bory Mall Merchants that accept payment by Bory Mall Gift card.
Operator is Loyaltek SA, Cantersteen 47, 1000 Brussels, Begicko, which operates the Giftify Gift card system.
Shopping center is the shopping and entertainment center Bory Mall, Lamač 6780, 841 03 Bratislava, Slovakia, is a issuer of the Gift card.
Retailer is included Merchant in a closed network accepting payment with a Bory Mall Gift card.
Customer is the person who purchased the Bory Mall Gift card or forwarded it to a third person in accordance with these General Terms and Conditions of Use of the Gift Card.
Contract is a contract of sale concluded between the Customer and the Operator upon the purchase of a Gift card and its proof is bill of purchase at the Infocenter of the Shopping Center or through the Internet in accordance with these General Terms and Conditions of Use of the Gift Card.
Token is the ID of the Gift card on the back of the Gift card and is used to check the balance on the Gift card, transaction checking and payment identification. Through Token numbers, the customer is not entitled to dispose of the financial balance on the Gift card.
The Bory Mall Gift Card
1.1. These terms and conditions apply to any holder of this Gift Card (‘the Gift card’). By purchasing and by using a gift card you are demonstrating your agreement to these terms and conditions.
1.2. The Gift Card is issued by Bory Mall shopping center Bratislava.
1.3. You will purchase the Gift Card in a stated currency.
1.4. Additional funds cannot be put onto the Gift Card after initial purchase, except in the case where a retailer refunds a transaction onto the Gift Card.
1.5. The Gift Card is not a regulated product and is therefore not subject to the Electronic Money Regulations, nor subject to the Payment Services Regulations.
1.6. These terms and conditions are available online at borymall.sk/darcekovakarta. You can request a copy of these terms and conditions at any point in their duration.
Purchase of the Gift Card
2.1. The conclusion of a Contract in the case of a Customer which has not reached age of 13 (thirteen) years is not possible.
2.2. In the event of the conclusion of the Contract via the Internet, the Operator or a person acting on his behalf asks the Customer to initiate the service (using the Gift Card) before the expiration of the 14 (fourteen) days withdrawal period. Upon granting the consent under the preceding sentence, the Customer loses the right to refund the portion of the Financial Deposit already used in case of withdrawal from the Contract.
2.3. Operator has the right to transfer rights and obligations to another person. The Customer does not have the right to transfer his / her rights and obligations to another person, except for the transfer of the Gift Card for the purpose of using it to another person.
2.4. The Contract is concluded for a fixed term of 12 (twelve) months from the conclusion of the Contract.
2.5. The Privacy policy is available on website loyaltek.com and borymall.sk. The Privacy Policy is a part of the Agreement.
Load and activation of the card
3.1. The financial deposit deposited and maintained in the Card takes the form of a one-time money deposit and always takes the form of a euro currency. The card has the nature of a prepaid voucher.
3.2. Borrowing the card is free of charge. However, the customer agrees to the fees and obligations associated with the possession and use of the Card.
3.3. The card is not supported by any bank, it is not part of the loyalty program, it is not a warranty card, a credit or debit card, and the use of the card does not give the Customer any benefits.
3.4. The Customer is entitled to use the Card up to the balance of the Financial Deposit within 12 (twelve) months of the moment of activation of the Card upon conclusion of the Contract. Upon expiry of this period, any claims related to Use of a Card, refund or refund of funds to the Customer will lapse. No refund of the deposit is possible until otherwise stated.
3.5. In event the Contract is concluded in a shopping center, activation will take place immediately after the Card is handed over to the Customer. If the Contract has been concluded via the Internet, the Gift card will require activation. You can activate the card at the info Infocenter Bory Mall or on the website borymall.sk/darcekovakarta by entering the token number of your Gift Card and the order reference sent to you by e-mail.
3.6. The Card serves as a voucher within the meaning of § 535 of the slovak Civil Code and can be used for a period of 12 (twelve) months from the activation of the Card. The Customer undertakes to use the Financial Deposit Balance for the duration of the Contract, otherwise Clause 3.17 applies.
3.7. The card can only be charged with a one-time financial deposit when the contract is concluded:
a) Up to 150 (one hundred and fifty) EUR without Customer Authentication,
b) From 150 (one hundred and fifty) EUR to 250 (two hundred and fifty) EUR provided that the Customer demonstrates his / her personal data for the purposes of Authentication.
No additional financial contributions are allowed.
3.8. A debit or payment card registered within the European Economic Area can also be used to make a charge of the one-time deposit.
3.9. The financial deposit will be made in the same currency as the Card is held, which means the currency EURO.
3.10. To check the available balance on your card or to review your transactions visit borymall.sk/darcekovakarta or, depending on availability, go to the Infocenter of the shopping center or scan the QR code.
3.11. The Customer has the right to submit and use the Card at the Merchant in a way to reduce the price of the goods and services sold by the Merchant for the amount chosen by the Customer up to the amount of the Financial deposit remaining in the Card. If the amount of the financial balance is used to cover part of the price of the goods and services, the Customer is entitled to reimburse the remaining part of the price in the form of cash or payment by debit, credit or payment card.
3.12. The Use of a card that exceeds the amount of the deposit remaining on the Card may be rejected.
3.13. The Use of the card may also be refused if the Merchant is unable to verify the amount of the deposit on the Card or its sufficient amount.
3.14. The Use of the card is possible in the Closed traders network, which represents a shopping center whose name is listed on the Card. The use of the card is made on behalf of the EURO and only with the physical presence of the Customer and the Seller.
3.15. The card must not be used for:
a) default payment orders,
b) using the card outside a Closed network,
c) cash transfers, cash transfers, bank transfers, money orders, traveller's checks, cross-border financial transfers and financial exchanges or the exchange of foreign currencies,
d) any illegal activity.
3.16. Operator may suspend, disable or postpone the Use of the card for any reason, for reasons related to:
a) the security of the Card or its identification number,
b) suspecting unauthorized or fraudulent use of the card.
The operator in the cases referred to in this point may inform the Customer of the above mentioned consequences before proceeding to implement them and to justify their action; this procedure does not apply if it would be contrary to the law or could endanger the security measures.
3.17. The Customer has the right to Use the Card until the 12 (twelve) months of activation of the Gift Card. After this time, the Gift Card expires and the Gift Card Usage shall be ceased. In some cases, the expiration date may be later than the expected date. Completion date cards can be checked on the website borymall.sk/darcekovakarta. By not exhausting the balance of the Financial Deposit until the expiration of 12 (twelve) months, Customer expressly agrees to transfer the balance of the Financial Deposit to the Operator.
Use of the Gift Card - Transactions
4.1. By concluding the Contract and Using the Gift Card, the Customer agrees that any Use of the Gift Card, its identification number is a identificator to the transfer of a financial deposit to the Merchant.
4.2. By Use of the Gift Card is also considered a procedure whereby the Gift Card is handed over to the Merchant for use of its magnetic stripe, card identification data, or other relevant data required to make the transfer of a Financial Deposit or portion thereof.
4.3. Submission of the Gift Card to the Merchant under the preceding paragraph is considered to be the Customer's consent to the Use of the Gift Card.
4.4. By using the Gift Card, the Customer expressly agrees to make a transfer of the Financial Deposit or a portion of it to the Merchant. This consent is irrevocable, and the transfer of the Financial Deposit or its part can not be further avoided.
4.5. The Operator may refuse to transfer the Financial Deposit or its part in the event of:
a) failures or outcomes of technical means used to use the Gift card,
b) the amount that is the subject of Use of the Gift Card exceeds the amount of the Financial Deposit balance or exceeds the limits set for the Gift Card,
c) it is necessary to maintain payment rules or related legislation.
4.6. Transfer of the Financial deposit or a part of it is only possible within the framework of financial transfers conducted on behalf of the EURO.
Loss, theft or misuse of the Gift Card
5.1. The user is required to protect it from abuse, and in particular:
a) to prevent it from being used by unauthorized third parties,
b) use it exclusively in accordance with these TC‘s.
5.2. If a Gift Card user discovers that the Gift Card was lost or stolen or could be misused, it is required to:
a) block the Gift card by calling your shopping center,
b) upon request by the Operator to notify the loss, misappropriation or possible misuse of the Gift Card by sending a written notice within 7 (seven) days to the Operator's address (Loyaltek SA, Cantersteen 47, 1000, Brussels, Belgium),
5.3 In the event of finding the Gift Card or returning it, the Customer or user is obliged to inform the shopping center without delay. Customer or user of the Gift Card is responsible for any use or misuse of the Gift Card that occurred prior to notification the shopping center.
5.4 If the Gift Card has been lost, stolen or destroyed, Customer or User has the right to ask the shopping center to issue a new Gift Card. The customer or user is required to prove the ticket issued by the conclusion of the Contract, which serves as a proof of the Contract as well as other information related to the Gift Card, Use of the card and to pay the fee associated with the issue of the new Gift Card in the sense of the Price List.
Limitation of liability
6.1. Operator is not responsible for any defects, quality level, security or compliance of products and services with the law if they were purchased by the Customer through the Use of the Gift card.
6.2. The operator is not responsible for: a) any unusual and unexpected circumstances associated with technical systems operating cards that might be an obstacle to using the Gift card, b) rejection of the Use of a Gift card by any entity, including Merchant.
6.3. Any complaints related to defects or problems with the Use of the Gift card, the Customer is obliged to deal by contacting the shopping center.
Altering the TC‘s
7.1. The Operator reserves the right to change these TC‘s as well as the Pricelist. Changing the TC‘s will be made available on the website borymall.sk/darcekovakarta or borymall.giftify.me, and shall enter into force on the date of publication unless otherwise stated.
7.2. The Customer has the right to express objections to the change within 2 (two) months of the publication of the change. If there are no objections, it is deemed to be the approval of the change.
Cancelation of the Contract
8.1. The Customer has the right to withdraw from the Contract in event of expressing the objections for change under point 8.2 of these TC‘s. If done so, the Contract is immediately terminated. The Customer has the right to refund the balance of the Financial Deposit. Return shall be made in the same way as the Deposit has been deposited unless otherwise agreed.
8.2. The Customer has the right to withdraw from the Contract within 14 (fourteen) days from the delivery of the Gift Card, provided that the Contract was concluded via the Internet. The customer is entitled to a refund of the balance of financial investments within 14 (fourteen) days of receipt of notice of withdrawal.
8.3. Withdrawal from the Contract can also be performed via the form on withdrawal and needs to be communicated through the website borymall.giftify.me.
8.4. Withdrawal from the Contract leads to the cancellation of the Contract and the deactivation of the Gift Card.
8.5. The Customer is required to deliver the Gift Card together with the ticket issued by the conclusion of the Contract, which serves as a proof of the Contract, to the Infocenter of the shopping center within 14 (fourteen) days of the date of the withdrawal of the Contract. The card must not show signs of wear beyond normal use. The Customer will bear the costs associated with returning the Gift Card.
8.6. The Operator has the right to terminate the Contract at any time during its term. Unless there are objective obstacles or unforeseeable circumstances, the Operator shall notify the Customer of the cancellation of the Contract two months before the termination of the Contract becomes effective.
General provisions
9.1. The right to withdraw from the Contract and the refund of the balance of the Financial Deposit shall be limited to the Customer who has concluded the Contract. In the event of withdrawal from the Contract, the Operator shall have the right to request the Customer under the first sentence on the Proof of Identity and the submission of the ticket issued by the conclusion of the Contract, which serves as a proof of the Contract.
9.2. The right to withdraw from a Contract concluded via the Internet does not apply to a Customer who is a legal person.
9.3. As a proof of the Contract servers also a ticket issued by the conclusion of the Contract or delivering the Gift Card.
Solving complaints
10.1. The customer has the right to submit a complaint relating to the Use of the Gift card, or the Gift Card itself, by adresing the complaint to the Operator.
10.2. Customer who is a consumer has the right to contact the Operator or Merchant with a request for redress if he is not satisfied with the manner in which the Operator or Merchant has rectified his complaint or if he believes the Operator or Merchant have violated his rights.
The consumer has the right to make an alternative dispute resolution to an alternative dispute resolution entity if the Operator or Merchant has replied to or refused to respond to a request under the preceding sentence within 30 (thirty) days of the date of dispatch. The proposal is submitted by the Consumer to the competent alternative dispute resolution body, and the possibility of bringing it to court is not thereby affected.
Proposal may also be submitted through the platform of consumer ADR, which can be found on the website https://webgate.ec.europa.eu/odr/main/?event=main.home.show