§ 1 Subject matter
These Terms and Conditions set out the rules and conditions for the issue and sale of Gift Cards by the Issuer - HEXELINE Limited Liability Company Limited Partnership with its registered office in Łódź, at ul. Aleksandra Puszkina 62/64 (92-516 Łódź), entered in the Register of Entrepreneurs of the National Court Register under number 0000533223, the manner of redeeming Gift Cards, the terms and conditions and deadlines for exercising the right to withdraw from the Gift Card sales agreement, forms and methods of payment, and the complaint procedure. The content of the Terms and Conditions of Sale and Redemption of Gift Cards is available free of charge on the HEXELINE website at: www.hexe.com.pl in a form that allows it to be saved and printed. This ensures that the Terms and Conditions can be read before the contract is concluded. The purchase of a Gift Card by the Customer is considered as confirmation that they have read the Terms and Conditions referred to above. The purchase of a Gift Card entitles the Gift Card Holder to use it up to the nominal value of the Gift Card to cover payments for purchases of products from the HEXELINE brand range available on the HEXELINE website at: www.hexe.com.pl or in Sales Outlets in Poland. The list of stores can be found on the website www.hexe.com.pl.
§ 2 Definitions
Issuer - HEXELINE Spółka z ograniczoną odpowiedzialnością Spółka Komandytowa with its registered office in Łódź, postal code 92-516, ul. Aleksandra Puszkina 62/64, KRS 0000533223, NIP 726-265-54-38, issuer of Gift Cards, which, acting on its own behalf and on its own account, sells Gift Cards; Customer – a person who purchases a Gift Card on behalf of the Cardholder for the purpose of paying the Issuer cash in an amount equal to the nominal value of the Card; Cardholder – a Customer or a third party who presents a Gift Card in Hexeline stores or on the brand's online store website at www.hexe.com.pl for redemption, regardless of the form and circumstances of obtaining the Gift Card. HEXELINE Gift Card (hereinafter referred to as the "Card") – an identification card in the form of a plastic card with an individual ID in the form of an individual number, which entitles the Cardholder to use it up to the nominal value of the Card to cover payments for products available in the brand's stores and on the online store website at www.hexe.com.pl
§ 3 Terms and conditions of purchase and return of Gift Cards
1. The Card can be purchased at Hexeline Sales Outlets or at hexe.com.pl. The Card is issued to the Customer in physical form. The funds transferred by the Customer become the property of the Issuer in full at the time of issuing the Card. By paying the Issuer and receiving the Card, the Customer declares that they have read the Terms and Conditions, understand their content, have no objections and undertake to comply with them.
2. It is not possible to pay for a newly issued Card using another Gift Card.
3. The Card is not returnable to the Issuer, unless mandatory provisions of law, in particular consumer protection provisions, provide otherwise.
4. The Card cannot be exchanged for cash in whole or in part. It is also not possible to exchange the unused nominal value of the Card for cash in whole or in part.
5. The Issuer shall not be liable for Cards that have been lost or damaged after their issue to the Purchaser due to circumstances beyond the Issuer's control.
6. The use of the Card by the Cardholder shall constitute a valid transaction even if the Cardholder has obtained the Card without authorisation. Accordingly, the Issuer shall not be liable for any claims arising from the circumstances under which the Cardholder obtained the Card.
7. In the event of loss, destruction or theft of the Card, the Customer and the Cardholder shall not be entitled to any claims against the Issuer.
8. The Issuer shall not be liable for the consequences of the inability to use the Card resulting from circumstances for which the Issuer is not responsible, including in particular those resulting from the temporary loss of electronic or telephone connection between the Sales Outlets and the Issuer's IT system.
9. When deciding to purchase a Card, the Customer is obliged to familiarise themselves with the Terms and Conditions of providing services electronically by hexe.com.pl, the Terms and Conditions of using the www.hexe.com.pl website, and these Terms and Conditions before concluding the Card Sales Agreement.
10. Cards are available in any denomination specified by the Customer at the time of purchase (by loading the Card electronically with a specified amount of money). The amount loaded corresponds to the nominal value of the Card.
11. Cards are valid for one calendar year from the date of purchase. The Card's validity period cannot be extended. After the Card's expiry date, any unused nominal value of the top-up shall be forfeited to the Issuer and shall not be refunded.
12. The costs of issuing the Card shall be borne by the Issuer.
13. Cards can be ordered via:
a) the online store at hexe.com.pl;
b) Sales Outlets.
§ 4 Method of payment by card
1. Payment using the Card is made by presenting it at the time of payment for goods.
2. If the price of the goods selected by the Cardholder exceeds the Card balance, the Cardholder is obliged to pay the missing part of the price in a manner accepted by the Sales Outlet.
3. If the price of the goods selected by the Cardholder is lower than the Balance, the Issuer is not obliged to refund the remaining Balance to the Customer or Cardholder, and thus the Balance not used by the Cardholder remains available for use at a later date, until the expiry date of the Card.
4. The Card may be used by the Cardholder without restriction until the amount on it is exhausted, but no later than the expiry date of the Card.
5. The Cardholder may check the Balance on the Card at any Sales Outlet until the expiry date of the Card.
§ 5 Issuer's rights and responsibilities
1. The Issuer has the right to refuse to accept payment by Card if: - the Card has expired; - there is reasonable suspicion that the Card has been altered in a manner not authorised by the Issuer or has been forged; - the Card has been damaged in a way that makes it impossible to read the data stored on it, in particular the Balance data.
2. The Issuer shall make every effort to ensure the uninterrupted operation of the Cards. However, it reserves the right to temporarily suspend the possibility of paying with them or checking the Balance in the event of a failure or technical modernisation of the infrastructure necessary to use the Cards.
§ 6 Complaints procedure
1. All complaints regarding the Cards should be submitted in writing at the Sales Outlets, under pain of nullity.
2. The complaint should contain a detailed description of the event that is the subject of the complaint, as well as the request and contact details of the person submitting the complaint.
3. The Issuer shall consider a correctly submitted complaint within 14 (fourteen) days of receiving the complaint drawn up in the manner described in points 1 and 2. If additional information is required by the Issuer in order to consider the complaint properly, the above period shall be counted from the date on which the complainant supplements the complaint.
4. The above provisions do not affect the rights of Customers and Cardholders who are consumers and are provided for by generally applicable laws.
§ 7 Final provisions
1. The content of the Regulations is available on the website www.hexe.com.pl
2. The Issuer reserves the right to amend the Terms and Conditions, whereby such amendments shall apply to Cards purchased after the date of entry into force of the amended Terms and Conditions.
3. The amendments referred to above shall take effect within 7 (seven) days of the publication of the new version of the Terms and Conditions.
4. The Terms and Conditions shall enter into force on 10 December 2021.