Terms and Conditions
Terms and Conditions center gift card
I. Terms of service for center gift cards from participating shopping centers operated by ECE
There are two parts to these terms and conditions. The first part, the “terms of service”, contains the provisions applicable to usage of the center gift card. The second part, the “terms of sale”, contains provisions relating to their purchase which apply to all methods of purchase and to all customers.
If you are a consumer and wish to purchase center gift cards at the center for your private purposes, please also observe the additional provisions in part A of the terms of sale in addition to these terms of service. If you represent a business and wish to purchase center gift cards as part of your commercial or self-employment undertakings, please also observe the additional provisions in part B. If you are a consumer and wish to purchase center gift cards online, please also observe part C in addition to part A. Part D of the terms of sale applies additionally for consumers as well as for company customers.
These terms of service apply to your prepaid, nonrechargeable gift card (“center gift card”) and usage thereof. Please read these terms of service carefully. Use of the word “you” in these terms of service refers to the cardholder and the authorized user of the gift card. “We”, “us”, and “our” refer to EML Payments Europe Limited or EML Money DAC, on whose behalf the former is acting; “website” refers to the program website at www.centergutschein.com.
Your contractual partner is the issuer:
Issuer:
EML Money DAC, 2nd Floor La Vallee House, Upper Dargle Road, Bray, Co. Wicklow, Ireland, Irish company number: 423276
Provider acting on behalf of the issuer:
EML Payments Europe Limited, Latham House, 6th Floor, 33/34 Paradise Street, Birmingham, B1 2AJ, United Kingdom, company number: 05852181
Vendor of the center gift cards:
ECE Marketplaces GmbH & Co. KG Heegbarg 30, 22391 Hamburg, Germany
Competent supervisory authority:
The issuer is authorized by the Central Bank of Ireland under the European Communities (Electronic Money) Regulations 2011 (registration number: C95957) and is entitled to issue electronic money.
Registration with the German Federal Financial Supervisory Authority:
The issuer is registered in the database of financial institutions providing cross-border services that is maintained by the German Federal Financial Supervisory Authority (BaFin), Graurheindorfer Str. 108, 53117 Bonn and Marie-Curie-Str. 24 – 28, 60439 Frankfurt am Main (online: www.bafin.de) in accordance with German Banking Act (Kreditwesengesetz, KWG) § 53b.
Irish company registration:
The issuer is registered in Ireland under company number 423276.
Date: May 1, 2022
A. Terms and conditions
1. Your center gift card
Using the center gift card, you can pay for goods or services cash-free at all participating retailers at shopping centers operated by ECE in Germany (“ECE centers”) that are participating in the gift card system. Ensure that you know the balance on your center gift card. The center gift card can only be used if there is a sufficient amount on the gift card available. The center gift card cannot be used to withdraw money at ATMs. The maximum amount of a transaction is the entire balance/amount loaded onto the gift card.
You can check the balance online at www.centergutschein.com/guthaben, by scanning the QR code, or by calling the number indicated on the back of the card. You can also inquire about your card balance, if available, at the customer information desk, gift card vending machine or center management office of a participating ECE center or at the participating retailer, who will check it using the card reader prior to your purchase. It may be the case that some participating retailers cannot conduct this in-store balance check.
The center gift card can be used for multiple purchases until its balance reaches €0. Purchase amounts are subtracted from the balance of the center gift card. If a purchase amount is greater than the amount available on the center gift card, you can pay the excess amount using other payment methods offered by the retailer in accordance with the retailer’s procedures.
Subject to section 7, below, you cease to be able to use your center gift card after its expiration date.
The center gift card is not a credit card and cannot be linked to your bank account. Gift card balances do not earn interest.
By purchasing and using the center gift card, you indicate your continued agreement with these terms of service.
2. Parties to the cardholder agreement
The cardholder agreement takes effect on purchase of the center gift card and is subject to these terms and conditions. The center gift card is an anonymous payment method. The commercial transfer of the center gift cards to third parties is not permitted. Exceptions require the written consent.. Otherwise, center gift cards are transferable to third parties, if the original party to the cardholder agreement – typically the purchaser – agrees on a transfer of the cardholder agreement with and to that third party (or, for clarity’s sake, with a legal representative such as a parent etc.). The purchaser must provide the third party with these terms and conditions, including any information obtained before entering into the cardholder agreement.
3. Adding value to the center gift card
The maximum amount that can be loaded onto your card is €100. We reserve the right to refuse sale of a gift card and addition of value at any time. After receipt and approval of the center gift card, your balance will be available on it for immediate use.
4. Using your center gift card
Information about where and how you can use your center gift card can be found in these terms and conditions. The requirements of these terms and conditions must be met when using the center gift card. We subtract the value of your transactions (use of the center gift card for payment) from the balance on your center gift card as soon as the transactions are performed. Nevertheless, the center gift card always remains our property while you use it. On the other hand, the balance on it belongs to you.
Balance limits:
Maximum starting amount/balance: €100
Minimum: €10
To prevent fraud, we may monitor your usage of the center gift card and block further usage of it. In this case, you can contact the customer information desk or center management of any participating ECE center in Germany:
a) in person when visiting the shopping center; or
b) using the contact information provided on the website.
We might ask you to stop using your center gift card, return it to us, or destroy it. We may at any time block your center gift card, restrict its use, cancel the card, or decline to issue or replace with a new center gift card for the following reasons:
a) if we are concerned about the security of your account or the center gift card that we have issued to you;
b) if we suspect that your account is being used without authorization or for fraud; or
c) if we must take said action to comply with the law.
If we take one of the above actions, we will notify you immediately or as soon as we are allowed to. Like with other payment cards, we cannot guarantee that a retailer will accept your center gift card. We may refuse to pay a transaction:
a) if there exists a security risk in relation to your center gift card or a suspicion that your center gift card is being used without authorization or for fraud;
b) if the balance loaded onto your center gift card is insufficient at the time of a transaction to pay for the transaction and any fees charged;
c) if we have justified reason to believe that you are breaching this agreement;
d) if we believe that a transaction is potentially suspicious or illegal (e.g. if we believe that a transaction is being performed fraudulently); or
e) because of errors, failures (whether mechanical or other types), or rejection by retailers, payment processors, or payment systems that process transactions.
If we refuse to authorize a transaction, we will tell you the reason immediately, if possible, unless it is unlawful for us to do so. You can correct all information of ours that may have led us to decline a transaction by sending us an e-mail at cardsupportemlpaymentscom or by speaking with the customer information desk or center management of a participating ECE center.
5. Authorization and execution of transactions
Subject to the specifications of the relevant center gift card, the authorization of a transaction may include the authorization of a single transaction or the preauthorization of future transactions of a certain or uncertain amount.
A center gift card transaction is deemed approved when you authorize the transaction at the point of sale while following the retailer’s instructions. Depending on the situation, this can include:
a) signing a card payment voucher;
b) entering the last four digits of the card number if the retailer’s card reader asks for a PIN; or
c) providing information about the center gift card and/or other required information.
By using the center gift card as above, the cardholder initiates the execution of the card payment (authorization) by issuing a payment instruction. This empowers the issuer to deduct the amount from the gift card’s available balance and transfer it to the retailer.
You cannot reverse the authorization of a transaction after receipt by the retailer.
We pay to the retailer the amount required to settle the transaction authorized by you within three (3) days of receiving the request. A transaction is deemed received at the point in time at which we receive the payment instructions from the retailer’s acquirer.
6. Expiration, blocking, and cancellation of your center gift card
The center gift card expires three (3) years after the end of the calendar year during which the card was purchased and activated (expiration date). After the expiration date, you will not be able to use the center gift card, though you may request access the unspent balance on the card through the refund process described further down in this section (section 7).
We may also cancel this agreement or immediately block your center gift card or account if we believe that your center gift card is intentionally being used by you for fraud or other illegal purposes. If we take one of the above actions, we will notify you as soon as we are authorized to. If we cancel your center gift card, you must inform us within three (3) months of our notice of cancellation of what you would like done with the card’s unused balance. If your center gift card is canceled, we will block it immediately. This makes it impossible to continue using the card. You are not entitled to refunds from authorized or outstanding transactions or of any fees for use of the center gift card prior to cancellation or expiration of the center gift card.
You can cancel your center gift card at the customer information desk or center management office of any participating ECE center in Germany. If you cancel your center gift card after all transactions and fees have been charged, we will ensure that the remaining balance is refunded to you; further information can be found in section 7 under “Refunds”. A refund processing fee may be payable (compare below with section 14 “Fees”).
The cardholder agreement becomes invalid as of the expiration date. The validity expires earlier without requiring cancellation as soon as there is no balance remaining on the center gift card.
7. Replacement and refund before and after the expiration date, refund processing fee
The center gift card’s available balance can be refunded at any time in the three (3) years following the expiration date. To do this, the cardholder must present the center gift card in person at the customer information desk or center management office of a participating ECE center, show proper identification, and complete a refund form provided by the issuer.
Refunds of remaining center gift card balances are free of charge during the first twelve (12) months following the expiration date.
However, if the cardholder requests a refund while the center gift card is still valid, i.e. before the expiration date, or more than twelve (12) months after the expiration date, a refund processing fee of €9.95 will be deducted from the refundable balance. Refunds are paid only to the cardholder by bank transfer to the account indicated by the cardholder on the refund form. Cash refunds are not permitted. It may take up to thirty (30) days to process a refund.
Refunds before the expiration date also void the cardholder agreement.
8. Safekeeping of your center gift card
Treat your center gift card as if it were cash and keep it safe. Do not let third parties use the gift card. If the gift card is lost or stolen, you can lose part or all of the balance on your center gift card as if you were losing cash.
We recommend you check the balance on your center gift card regularly.
9. Lost or stolen center gift cards, unauthorized payments, and incorrectly executed payments
You must inform us immediately if your center gift card is lost or stolen or if you believe that a transaction was not executed correctly. Please speak with the customer information desk or center management of a participating ECE center. The center gift card can be blocked if you provide the card number. Please keep a record of your card number or store your receipt for this reason.
Until a request is made to block the card in this manner, the issuer will not be held liable in any way and refunds of payments will not be permitted regardless of whether the cardholder is at fault. Payments made before a card block request is received can therefore be charged against the card’s balance. The issuer is not required to provide evidence of payments being authorized or executed as due.
After requesting a card block, the issuer will be liable for transactions taking place after receipt of the request. The issuer’s liability will be limited to the balance available on the center gift card at the time the request is received. Generally, as a cardholder, you are not liable for losses, damages, or the issuer’s entitlements to compensation. However, if you act maliciously, you will also be liable for losses after requesting a card block.
In the event that unauthorized transactions take place with your center gift card as a result of the card’s loss or theft or other misuse, your liability will be limited to a maximum of €50.00 of the center gift card’s balance unless it was impossible for you to learn of the transaction beforehand through one of the listed incidents. Any value of an unauthorized transaction over €50.00 will be loaded back onto your card. This limit will not apply if you act fraudulently, intentionally, or with gross negligence in relation to a breach of the contractual terms and conditions or your obligations to protect the center gift card against unauthorized usage and the required notice to block it.
In the event that the execution of a transaction fails or is erroneous, the cardholder may request an immediate and full refund of the payment amount. If the amount has been charged to the balance on the center gift card, the issuer will adjust the balance to the amount it would have been without the failed or erroneous execution of the payment request.
Furthermore, the cardholder may obtain compensation or interest that has been charged against the card’s balance or in connection with the failed or erroneous execution of the payment instructions.
In the event of a failed or erroneous execution of payment instructions, the issuer must investigate the transaction if requested by the cardholder and present the results of that investigation to the cardholder.
The cardholder must inform the issuer of erroneous payment instructions within thirteen (13) months of the transaction date.
We will immediately refund any improperly executed transaction unless we have reason to believe that the incident was caused by a breach of this agreement or gross negligence or we have reason to suspect that the incident was caused by fraudulent activity. As stated above, however, you will bear a loss of up to €50.00 in total if the transaction is the result of usage of a lost or stolen card.
However, if investigations reveal that a disputed transaction was authorized by you or you have acted maliciously or with gross negligence (e.g. by not safekeeping your center gift card), you may be held liable for any loss incurred by us through usage of the center gift card.
We can at any time deactivate your center gift card, restrict its use, delete it, or decline to issue or replace a center gift card for the following reasons:
We have compelling reasons to be concerned about the security of the center gift card that we have issued to you and that justify the above actions; these include the suspicion that the center gift card is being used in an unauthorized or fraudulent manner. We may also have to take the above actions to comply with applicable law.
10. Our liability
We will not be held liable for losses incurred in the following situations:
a) exceptional or unforeseen circumstances outside our control and consequences that would have been unavoidable in spite of all efforts to the contrary;
b) the refusal of a retailer to accept your center gift card (unless we have acted negligently or intentionally in this respect);
c) our compliance with legal and regulatory requirements; or
d) loss or damage of data unless we have acted negligently or intentionally in this respect.
11. Your rights to repayment of money and refunds of transactions on your center gift card
You have the right to a refund of all or part of the amount on your center gift card at any time in accordance with the procedure specified in section 7 of this document.
We will not pay out the value of the balance on your center gift card to you if your refund request is made more than three (3) years after cancellation or expiration of this agreement.
Section 14 contains a summary of the applicable fees, including the refund processing fee.
12. Reversal of transactions
You may be entitled to request a refund of transactions where:
a) the transaction was not authorized in accordance with this agreement;
b) we are responsible for a transaction that was executed erroneously and you notified us in accordance with section 8, above;
c) a preauthorized transaction did not specify the exact amount at the time of its authorization and the amount charged by the retailer is higher than you would reasonably expect when considering the normal payment patterns for the center gift card or the circumstances of the transaction.
An entitlement to a refund in the situations described above will not exist if the transaction amount was announced to you at least four (4) weeks prior to the transaction date or if you attempt to exercise your entitlement more than eight (8) weeks after your account is charged.
We will arrange an electronic bank transfer to a bank account specified by you. In order to satisfy our legal obligations, however, we may ask you to provide us with certain additional information before we can process your request for a refund.
13. Alterations of the terms of service, mode of communication
We may alter these terms of service at any time by informing you on the website at least two (2) months prior to the alteration taking effect. The current version of the terms of service, as amended, is available on the website and in the shopping centers operated by ECE. Such alterations take effect automatically and you will be deemed to have accepted communicated alterations unless you tell us that you do not agree with an alteration. In this case, your nonagreement will be seen as cancellation with immediate effect and, in such situations, we will refund the card balance to you in accordance with section 7, above, without charging you a refund processing fee.
While the cardholder agreement is valid, the cardholder may demand at any time that the issuer sends the cardholder the text of the agreement on a durable medium or as a document.
14. Fees and charges
We do not charge anything for balance inquiries or transactions. However, the following charges do apply:
Description of the fee Amount Frequency Card purchase fee €0.50 One-time
Refund fee €9.95 per request
15. Disagreement with retailers and contractual liability for defects
If you wish to dispute a purchase made with your center gift card, you must do so with the retailer from whom you purchased the goods or service. The retailer bears contractual liability for defects in purchased goods. We are not responsible for the quality, safety, legal conformity, or other aspects of the goods or service purchased using your center gift card. Remember that we cannot stop a transaction once you have used your center gift card for a purchase. Refunds for returned goods can be loaded onto the center gift card subject to the policies of the retailer. Refunds onto the center gift card can take up to ten (10) days until they are credited in accordance with the retailer’s banking processes; we do not have any influence over the time taken for this.
16. Communication
If you have a question about your center gift card, you can contact the customer information desk or center management of any participating ECE center.
17. Complaints
The center gift card is administered by EML Payments Europe Limited. ECE is an electronic money vendor which sells the center gift cards at the ECE shopping centers that are participating. If you are unsatisfied with your center gift card or the manner in which it is administered, you should first contact the customer information desk or center management of a participating ECE center. Should you remain unsatisfied, please contact us at cardsupport@emlpayments.com so that we can investigate the situation further. All complaints you have will be processed quickly and fairly.
You can also submit to the German Federal Financial Supervisory Authority complaints about issuer violations of the provisions of the German Payment Services Supervision Act (Zahlungsdiensteaufsichtsgesetz, ZAG), German Civil Code (Bürgerliches Gesetzbuch, BGB) § 675c through §676c, and German Civil Code Introductory Act (Einführungsgesetz zum Bürgerlichen Gesetzbuch, EGBGB) article 248; the addresses for this are Graurheindorfer Str. 108, 53117 Bonn, Germany and Marie-Curie-Str. 24 – 28, 60439 Frankfurt am Main, Germany.
Furthermore, you can seek a remedy from the Arbitration Board of the German Bundesbank (Postfach 11 12 32, 60047 Frankfurt am Main, Germany) under German Injunctive Redress Act (Unterlassungsklagengesetz, UKlaG) § 14.
You may also contact the Irish Financial Services and Pensions Ombudsman at any time at 3rd Floor, Lincoln House, Lincoln Place, Dublin 2, D02 VH29. You can also contact the ombudsman by phone at +353-1-567-7000, by email at info@fspo.ie, or through the provided online function to submit a complaint.
18. Compensation and protection of card balance
The center gift card incorporates electronic money (e-money) and, although it is a product regulated by the Central Bank of Ireland, there is no compensation system to provide for losses in connection with the center gift card.
As a responsible issuer of e-money, EML Money DAC ensures that your money is paid into a ring-fenced, deposit-guaranteed account after receipt so that it is set aside specifically for the settlement of transactions made with your center gift card. In the event that EML Money files for bankruptcy, the money paid by you and deposited into the ring-fenced account by EML Money DAC will be protected against creditor claims.
19. Assignment
We may at any time assign the rights and obligations under these terms and conditions to another company by notifying you two (2) months in advance through publication of a notice on the website www.centergutschein.com. If we do this, it will not impact on your rights.
20. Severability
Invalidity of a provision of this agreement will not affect other parts of this agreement.
II. Terms of sale for center gift cards from participating shopping centers operated by ECE
A. Terms and conditions for purchase in a center by a consumer
The terms and conditions in part B apply to purchases of gift cards in the center by consumers for private purposes; they apply alongside the terms and conditions in part A.
1. Purchasing the center gift card
You can purchase your center gift card at the points of sale marked out at the participating centers, including the customer information desk, or, if there is not one present, at the center management office or, if available, from a vending machine in the center.
2. Costs
The costs for the center gift card are based on the gift card value that you desire. The daily purchase limit is €150,00per person plus administration fees.
We charge a one-time administration fee of €0.50 per gift card when purchased, which includes VAT. There are no other fees that are charged to you when paying with the gift card. The participating stores are not permitted to impose additional charges or fees on you when paying.
Purchased gift cards are issued to you at the center or in the case of a purchase from a vending machine, handed out at the vending machine.
3. Terms of payment
Purchases can be made by paying via Girocard, Maestro, V-PAY, Mastercard, or Visa. We reserve the right to accept further payment methods. Payment with cash can be refused in the centers. If cash payment is accepted in a centre, this is permitted up to a maximum of €100.
Online dispute resolution
The European Commission provides an online dispute resolution platform for consumers at
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage
Companies are not obligated to participate in a dispute resolution procedure handled by a consumer dispute resolution body. EML Money DAC does not participate in this procedure.
B. Terms and conditions for company purchases in centers or via the online company customer platform
The terms and conditions in part C apply to the purchase of gift cards by companies and company representatives alongside the terms and conditions in part A. If you purchase gift cards in your capacity as a private individual (a consumer), you cannot use this option.
1. Purchasing the center gift card
You can purchase your center gift cards at the customer information desk or center management office (both referred to here as the “point of sale”) at one of the participating ECE centers or order them at a center and have them sent to you if the center offers this service. You can find out if this is possible by contacting your preferred center directly (see attachment 1 for contact details). It is also possible for you to order center gift cards online through the company customer portal. Purchases from vending machines are excluded under the terms and conditions set out below.
2. Costs
As a company, you can purchase gift cards and load a value of your choice between €5.00 and €100.00 onto the cards. An administration fee is not charged.
If the center offers gift card shipping to you, the costs for shipping will be charged to you as part of the invoicing. The shipping costs differ by center and quantity. You can find out the exact shipping costs when ordering on the company customer platform (see attachment 1 for details).
Risks associated with shipment pass to you, the customer, on handover of the gift cards to the carrier. For this reason, we suggest that when you instruct us to ship your gift cards, you choose a carrier that offers a guarantee for the shipment of the goods.
3. Terms of payment
Payment for the center gift cards is due immediately at the time of purchase when purchasing at the center’s point of sale. Purchases can be made by paying via Girocard, Maestro, V-PAY, Mastercard, or Visa. We reserve the right to accept further payment methods. You will receive an invoice.
If you purchase the gift cards by ordering on the company customer portal, shipping/collection will only take place after payment has been received. You will receive an invoice and can pay by bank transfer. You will be provided with the account details during the order process.
C. Terms and conditions for consumers for online purchases
1. Purchasing in the online store, center app, and center website
1.1. Purchasing the gift card
You can also order your gift card online via the online store, center app, or center website of selected centers. A list of these centers can be found at www.centergutschein.com.
1.2. Entry into agreement
Your completion of the order process represents a binding offer from you to ECE to enter into a purchase agreement. After clicking on “Finalize order”, payment will be made based on the preferred method of payment you have actively selected. The payment methods available to you are PayPal and credit card (Visa and Mastercard). Once the payment process is successfully complete, an order number will be allocated automatically and assigned to the gift card you have purchased; this finalizes your purchase. You will immediately receive from us a corresponding confirmation e-mail with all the important details about your purchase at the e-mail address provided by you during the order process.
You can also view these terms and conditions in the online store at any time.
1.3. Shipping and personal data
The center gift card you have ordered will be mailed to the address provided by you in accordance with your selection during the order process – however, shipping is only available within Germany. If multiple orders are placed, each order will be processed and dispatched individually. You can order a maximum of 4 gift cards with a maximum total value of €150,00in a single order.
As part of the center gift card functionality in the ECE online store and center app, the agency Novomind AG will appear as a service provider for ECE and take charge of processing the transaction. Novomind AG will not act as your contractual partner. ECE and Novomind AG use your personal data exclusively to process your order.
The gift card that you order will be sent by registered mail (Einschreiben Einwurf, i.e. dispatched at a mailbox).
1.4. Costs
The costs for the gift card are based on the gift card’s value. You can choose a value for the gift card between €10.00 and €100.00.
When ordering center gift cards from the online store, there may be charges for an administration fee and/or shipping fee. Furthermore, there may be charges for the gift card envelope chosen by you. The total, actual charges will be indicated to you before you finalize the order during the order process.
There are no other fees that will be charged to you, including when paying with the gift card. The participating stores are not permitted to impose additional charges or fees on you when paying.
The indicated prices are in euros.
1.5. Terms of payment
The purchase price (center gift card order value including any payable administration and shipping fees and charges for a gift card envelope) is payable upon entering into the purchase agreement.
You can only pay the purchase price by PayPal or credit card (Visa/Mastercard). You cannot purchase center gift cards from the online store if you do not have a PayPal account or credit card.
2. Right to cancel purchase agreement
Purchase cancellation policy for consumers
You have the right to cancel this purchase agreement without giving reason within fourteen (14) days.
The deadline for this type of cancellation is fourteen (14) days after the day on which the goods (the center gift card) enter the possession of you or a third party nominated by you that is not the carrier.
To exercise your right to cancellation, you must inform us of your decision to cancel the agreement for the purchase by making a clear statement to this effect (e.g. by mailing or faxing a letter, by telephone, or by e-mail). You may use the sample purchase cancellation form below for this, though it is not required to do so. You can also prepare the sample purchase cancellation form or another clear statement electronically and send it using the app. If you utilize this option, we will immediately (e.g. by e-mail) send you confirmation of receipt of such cancellation.
You will meet the deadline for purchase cancellation as long as you send your notice of exercising your cancellation right before the purchase cancellation deadline passes.
Consequences of purchase cancellation
If you cancel the purchase agreement, we must immediately repay to you all payments that we have received from you within fourteen (14) days at most, counted from the day on which we receive notice of your cancellation of this purchase agreement. For this repayment, we will use the same payment method that you used for the original transaction unless another arrangement has been explicitly made with you; in no case will you be charged fees for this repayment. We may refuse to repay you until the goods (the center gift card) are returned or you provide evidence that you have sent back the goods (the center gift card), depending which comes earlier.
You must return the center gift card to our address specified above immediately and in any case within at most fourteen (14) days from the day you inform us of your cancellation of this purchase agreement; you may also return it to the information desk of the shopping center from which you purchased the center gift card via the app. You will meet this deadline if you send the center gift card before the fourteen-day deadline has passed. You will bear the direct costs associated with returning the goods. If you have chosen to pick up the center gift card and have not yet done so, you will not need to do anything else.
You will only be liable for any depreciation of the goods (the center gift card) if this depreciation is attributable to handling of the goods that is not required for inspection of the quality, characteristics, and functionality of the goods.
Sample purchase cancellation form
(If you wish to cancel the purchase agreement, please complete this form and send it back to the relevant address above through which you purchased the center gift card.)
I/we (*) hereby cancel the agreement that I/we (*) entered into for the purchase of the following goods: Center gift card with a value of €... . ..
_____________________________________________________________________
Ordered/received (*) on
_____________________________________________________________________
Name of the consumer(s)
_____________________________________________________________________
Address of the consumer(s)
_____________________________________________________________________
Signature(s) of the consumer(s) (only if form is completed on paper)
__________________________________ Date
(*) Strike out as applicable
End of purchase cancellation policy
This right to purchase cancellation does not apply if you have purchased gift cards in your capacity as a company or company representative.
D. Supplementary terms of sale
1. Liability
a) Any entitlements to compensation are void. Exemptions are made for entitlements of yours to compensation for damages from harm to life, limb, or health or from the breach of core contractual (material) obligations; exemptions are also made for other damages that are based on an intentional or grossly negligent breach of obligation by us, our legal representatives, or agents. Core contractual obligations are obligations whose discharge is required to achieve the purpose of the agreement.
b) If core contractual obligations are breached as a result of simple negligence, our liability will be limited to the foreseeable damages typical for this kind of agreement unless your claims for compensation are the result of harm to life, limb, or health.
c) The restrictions set out in subsections 1 and 2 also apply to the benefit of our legal representatives and agents if claims are exercised against us directly.
2. Data protection
Information about data protection in accordance with General Data Protection Regulation (GDPR) article 13 can be found at the point of sale (customer information desk/center management office/Vending machine).