Our General Terms and Conditions, which regulate use of our gift cards and related products, are provided below. Applicable from 23 April 2021 and until further notice.
1. About us
1.1. The name of our company is The Gifted Company AB, corp. ID no. 559121-2120 (referred to below as ‘we’, ‘us’ or ‘Gifted’) and we market and sell pre-paid tokens of value (‘Gift Cards’) and related products and services such as, for example, digital greetings, cards, packaging and wrapping. Our Gift Cards can be redeemed at several different shops and web shops within, among other things, beauty, fashion, home, experiences and restaurants. Our Head Office is located at Stora Nygatan 31, SE 111 28 Stockholm. Further information about us, what we can offer and our current contact details are available from our website: www.getgifted.com (‘the Website’).
2. General information about Gift Cards
2.1. The Gift Card is not linked, and does not entitle you, to a customer account. The Gift Card has no credit.
2.2. No interest will be paid or is earned for the balance loaded on the Gift Card.
2.3. Customers do not receive any account statements. Information about the Gift Card’s current balance, term of validity and transaction information is available via our Gifted app.
3. Contract, placing orders and loading Gift Cards.
3.1. In addition to shopping via our online channels (e.g. on our Website or one of our apps), you may also sometimes be able to shop using the Gift Card in physical shops or at one of our retailers.
3.2. You must approve our Personal Data Policy and these General Terms and Conditions in conjunction with placing your order/loading your Gift Card. The Gift Card cannot be ordered or loaded without such approval. By accepting our Personal Data Policy and these General Terms and Conditions, you undertake to comply with these Terms and Conditions in their entirety, and also confirm that you have read and understood the information concerning personal data and have consented to use of personal data and cookies in accordance with our Personal Data Policy.
3.3. Gift Cards are sold to private individuals and companies within the EU/EEA. You must have attained the age of 18 or have the approval of your parent or guardian in order to purchase a Gift Card.
3.4. We can make reservations for final sale and reserve the right make changes and improvements to the products on an ongoing basis. We can also make reservations for any delivery delays, price errors/adjustments, technical errors, printing errors, picture and typing errors on our Website, for example, errors regarding product description or technical specification, or incorrect information about whether a product is in stock. We are entitled to correct any such errors and to amend or update the information at any time. All of the picture information on our Website and in other online channels should be regarded exclusively as illustrations. We are not responsible for the information on our Website or in online channels that comes from our partners or a third party.
3.5. Gift Cards are our property and we reserve to right to neither load nor send an order before we receive full and final payment. If payment is not received by us by the set payment date, we reserve the right to cancel the loading or order.
3.6. We might apply various restrictions from time to time for orders and/or loading of Gift Cards, for example as regards amount or number of gift cards on the same occasion or per day. You will be notified of this in an appropriate way in conjunction with the loading/order.
3.7. Gift Cards are, unless otherwise stated, valid for 12 months from the order or loading date, whichever comes first.
4. Payment method.
4.1. We accept different simple and secure payment methods depending on the country, the currency and the product applicable for the order/loading.
4.2. Gift Cards are generally sold without value-added tax, and all prices are in local currency unless otherwise stated.
4.3. In the event that use of the Gift Card entails an obligation for you to pay tax, this tax is paid by you as the customer (and never by us).
4.4. We reserve the right to cancel an order or loading if there is any suspicion of unauthorised or fraudulent behaviour.
4.5. In the case of any returns, the money is repaid to the account linked to the card you used at the time of payment unless otherwise stated by us.
4.6. An administrative charge will be imposed for certain payment methods and payment alternatives. This will be communicated in conjunction with the order/loading.
4.7. We are entitled to conduct a simplified credit assessment without providing a copy for information. We are entitled to transfer the claim on you as a customer to any of our cooperating parties. We or one of our cooperating partners are entitled to send a reminder, including a statutory reminder charge, in the case of a delayed payment. Furthermore, interest for delay of 8% is payable.
5. Receipt for orders or loading of Gift Cards
5.1. When you have completed your order or loading, you will automatically receive a receipt from us confirming that we have received your order/payment. Always check that your receipt is correct; contact us as soon as possible if this is not the case.
5.2. No physical receipts are sent out. Therefore be careful to save the digital receipt in case you need to contact us.
6. Delivery of Gift Cards
6.1. Our Gift Card can be delivered physically or digitally. The delivery methods available and their various prices are shown and selected in conjunction with ordering/loading the Gift Card.
6.2. When ordering a physical Gift Card, the Gift Card is delivered for collection from your nearest delivery point or directly to the address specified, provided that the dimension and weight of the consignment render this possible. If the order has been delivered to your delivery point, you will be notified that the delivery has arrived.
6.3. When picking up an order, you must comply with the distributor’s instructions. If the consignment is not collected within the time specified by the distributor, the consignment will be sent back from the delivery point and you, as the customer, will be charged for the return freight and a handling charge.
6.4. Your order for a physical Gift Card can also be delivered by express delivery. Unfortunately this delivery method is not available for all products or to all addresses due to geographical limitations for each carrier. There are also restrictions associated with the size of the goods.
6.5. The Gift Cards in your order may be delivered loaded or unloaded depending on our current risk assessment. If the cards are delivered unloaded, instructions will also be sent about how to activate and load the card.
6.6. If a physical or digital delivery is damaged, you must contact us as soon as possible after receiving the delivery. We assume no responsibility for deliveries sent to the wrong address or for orders placed by people who are not responsible for the payment method used.
6.7. We reserve the right to change the delivery method based on our risk assessment or if it transpires that it is not possible to use the chosen delivery method for the order in question.
6.8. The Gift Card is a document of value and must be dealt with and stored in the same way as cash. Customers are responsible for taking adequate measures to avoid unauthorised use. The Gift Card will not be replaced if it has been lost, damaged or stolen.
7. Right of withdrawal/Cooling off right
7.1. We apply a 14-day cooling-off right when a Gift Card or other products are ordered or loaded from us. This means that you are entitled to change your mind about your order or loading by notifying us of this within 14 days from when you, or someone on your behalf, received the product. This cooling-off right only applies to intact and unused products. Thus a Gift Card cannot be returned where a claim code has been generated or that has been replaced or used in some other way.
7.2. If you want to change your mind about an order or loading made, you must contact us via the standard contact form on the Website providing relevant information (e.g. the relevant Gift Card and where it was delivered) prior to expiry of the cooling-off period.
7.3. When you change your mind about an order or loading, the amount that you paid for the goods (including delivery costs) will be repaid to you as soon as possible, though no later than within 14 days from the date on which your notification to exercise a cooling off right was received. The repayment will be made to you via the payment alternative you selected, provided nothing else has been agreed or there are impediments to such repayment. An exclusion for repayment of delivery costs applies for any additional delivery costs as a consequence of you having chosen a delivery method other than the standard delivery we offer. The delivery cost is not repaid when returning part of an order.
7.4. The cooling-off right does not apply to goods or a service purchased using the Gift Card. Questions about, Refunds for or Complaints about goods or services should always be addressed to the shop.
7.5 E-commerce businesses have a legal duty to provide to their consumers a cancellation form for those who wish to exercise their cooling-off rights (in those cases where the contract between them is subject to a cooling-off right) and therefore a standard form is available here in case you wish to manually complete and send in a paper form instead.
8. Warranty and complaints
8.1. We apply a 36-month right to complain about all physical products. The right to complain covers goods that are faulty as defined by applicable consumer protection legislation. This means, for example, that the right to complain does not cover faults that have arisen as a consequence of the incorrect handling of any type of Gift Card or another product.
8.2. If you wish to invoke a fault in a product ordered, you should contact us as soon as possible after the fault was discovered via the standard contact form on our Website. Complaints made within two months from when you discovered the fault are always deemed to have been provided on time. Your receipt applies as a guarantee certificate. Please note that complaints cannot be made in respect of digital Gift Cards.
8.3. We will bear the cost of the return freight for approved complaints in respect of physical products. We are not responsible for lost consignments in conjunction with returns or complaints.
8.4. We will compensate you in accordance with applicable consumer protection legislation when a product complained about has been returned and the complaint approved. We endeavour to achieve this within 30 days from when we received the complaint, although it may take longer depending on season and product. We reserve the right to refuse a complaint if it transpires that the goods are not faulty as defined by applicable consumer protection legislation. In the case of complaints, we comply with guidelines from the Swedish National Board for Consumer Disputes and the European Online Dispute Resolution (EU ODR) platform. Further information is available from www.konsumentverket.se and http://ec.europa.eu/odr .
8.5. In the case of the receipt of faulty or defective products, where you want replacement products, we will send out replacement products with an invoice from us.
8.6. We are not responsible for refunds for, returns of or complaints about products that you, as the customer, purchased from a shop where the Gift Card was used. The shop that provided the goods or service paid for using the Gift Card is responsible in relation to you in accordance with what was agreed and applicable legislation. Questions about, Refunds for or Complaints about goods or services should always be addressed to the shop.
Complaints about incorrect charges for the Gift Card must be sent to us without delay, though no later than three (3) months after the charging date and no later than one (1) month from when you discovered or ought to have discovered the unauthorised or incorrectly implemented transactions to which the complaint relates. The holder of the Gift Card is liable in the case of a complaint to provide the information we need for our investigation. A police report should be attached when complaining about unauthorised transactions. We reserve the right to refuse a complaint based on the supporting information we have in our investigation.
9. Use of Gift Card
9.1. Customers activate the Gift Card in our app, which is available from the App Store, and on Google Play. Information about the Gift Card and the shop(s) in which it can be redeemed can be seen in the app, among other things.
9.2. You generate a claim code in the app, which you provide for the shop, in order to redeem the Gift Card. The transaction is created and redemption implemented immediately following generation of the claim code. Please note that it is not possible to apply the cooling-off right or exchange your Gift Card if a claim code has been generated. You are responsible for your balance being sufficient for redemption. A transaction or exchange cannot be revoked after you have given your approval for the claim code to be generated.
9.3. The Gift Card may be blocked in the case of inappropriate use; see item 9.6 regarding our right to block Gift Cards.
9.4. The Gift Card may not be exchanged, transferred, sold or redeemed for cash at a shop or other third party. The Gift Card may not be exchanged for another Gift Card or token of value at a shop or another third party without you first having obtained our written consent.
9.5. When the term of validity for the Gift Card has passed, the Gift Card cannot be loaded or used for transactions unless we notify you otherwise. Some additional services in the app may be available for certain Gift Cards even after the term of validity for the Gift Card has expired.
9.6. We reserve the right to block the Gift Card, without repayment, with a view to preventing crime, misuse or inappropriate use of the Gift Card. We may, for example, block the Gift Card on one of the following grounds:
(a) if safe use of the Gift Card is compromised, for example for technical reasons,
(b) if it is suspected that the Gift Card is being used in an unauthorised or fraudulent way,
(c) if there is a risk that you, as the customer, possibly cannot fulfil your payment obligation,
(d) if the contract has ceased to apply, or
(e) if there is a risk or suspicion of the Gift Card or our other services linked to the Gift Card being used in an inappropriate way or in contravention of these Terms and Conditions.
10. General information about our Website
10.1. We own the domains for our Website. We or our partners or its licensor own the content on the Website. This information is protected through, among other things, intellectual property law and market law legislation. This means that trademarks, business names, product names, images and graphics, design, layout together with information about goods, services and other content may not be copied or used without first having obtained our written approval.
10.2. We may provide a link from the Website to other websites outside our control, and websites outside our control may provide a link to our Website. We are not responsible for the protection or confidentiality of information or personal data that you provide on other websites. You should proceed with caution and read the personal data provisions for the website in question.
11. Changes to the Terms and Conditions
11.1. We reserve the right to make changes to these General Terms and Conditions at any time whatsoever. All changes to these General Terms and Conditions will be communicated in an appropriate way, e.g. through publication in our apps, on our websites or by emailing you. Changes apply from when you have accepted the Terms and Conditions (for example, in conjunction with a purchase, activation, redemption of a Gift Card or when visiting the Website) or alternatively 30 days after we have informed you of the changes. You cannot place new orders or loadings or use some of our additional services if you do not accept the changes.
12.1. If a competent court, public authority or arbitration board finds that a provision of these General Terms and Conditions is invalid or unenforceable, the provision in question and all other provisions shall be applicable and enforceable to the extent permitted by applicable Swedish law. The provisions that have been declared invalid or that cannot be enforced will be replaced by relevant legal guidance and advice.
13. Force Majeure
13.1. We are not responsible for delays caused by circumstances over which we have no control such as, for example, general industrial conflict, war, fire, pandemic, lightning strike, terrorist attack, changes to an official provision, technical problems, faults in electricity, telecom or data connections or other communications and also faults or delays in services from sub-contractors owing to a circumstance specified here. These circumstances shall constitute ‘grounds for release’ that entail release from damages and other sanctions. If any such situation were to arise, we will inform you first at the start and second at the end of the period of the situation in question. If the circumstance has lasted for more than two months, both you and we are entitled to revoke the sale with immediate effect.
14. Applicable law and disputes
14.1. Swedish law shall be applied to these General Terms and Conditions and any disputes shall be considered by a Swedish general court. You may also submit a complaint, including a request for rectification, directly to us or use the European Online Dispute Resolution (EU ODR) platform: (http://ec.europa.eu/odr) in order to resolve the dispute out of court.