GENERAL TERMS AND CONDITIONS OF ONLINE SALE OF THE GIFT CARD
These general terms and conditions of sale and their terms and conditions (hereinafter the "Conditions") are a contract between the natural person who is not a merchant and who wishes to purchase gift cards on the website www.lacartecadeau. fr, hereinafter referred to as the "Customer" on the one hand and the company UNIBAIL MANAGEMENT, a SASU company, with a capital of 20 million euros, whose registered office is at 7, place du chancelier Adenauer - 75116 Paris, registered with the Paris Trade and Companies Register under number 414 878 389, represented by its Chairman, Mrs Astrid PANOSYAN, in its capacity as distributor (hereinafter referred to as "UMA") and Natixis Paiements, a société anonyme with a share capital of 44,812,768 euros, whose registered office is at 30, avenue Pierre Mendès-France 75013 PARIS, registered under number RCS PARIS 345 155 337, represented by Ms Catherine FOURNIER duly authorised for the purposes hereof in her capacity as Deputy Chief Executive Officer, (hereinafter referred to as the "Issuer") on the other hand. UMA, the Issuer and the Customer are hereinafter collectively referred to as the "Parties".
These Conditions exclusively govern the sales by UMA of "Shopping & Sensation Gift Cards", "Unexpected Shopping Gift Cards" and "Unexpected Gift Cards" (hereinafter referred to as the "Cards") offered on the website www.lacartecadeau.fr (hereinafter referred to as the "Site"), enabling the user to acquire one or more gift cards that can be used in all the brands of the Shopping & Sensation and Unexpected Shopping shopping centre network of the Unibail-Rodamco-Westfield Group present in France.
The Cards are referred to as the "Products".
The Parties agree that their relationship is exclusively governed by these Terms and Conditions, which may be modified at any time by UMA or the Issuer. Prior to any transaction, the Customer acknowledges having read these Terms and Conditions and expressly declares that it accepts them without reservation, by ticking the box provided for this purpose. Failing this, his order will not be validated.
The purpose of these Conditions is to define the terms and conditions for the supply of Products and associated services to the Customer by UMA.
ARTICLE 1: CONDITIONS OF USE OF THE PRODUCTS
A. GENERAL PROVISIONS
In the event that the Customer is not the user of the Product (hereinafter referred to as the "Beneficiary"), the Customer undertakes to inform the Beneficiary of the present Terms and Conditions as well as the Terms and Conditions of Use appearing on the website www.lacartecadeau.fr.
The Products are accepted, under the conditions set out below, by the Shopping & Sensation and Unexpected Shopping shopping centre brands of the Unibail-Rodamco-Westfield group, the lists of which, as an indication, can be consulted on the Site www.lacartecadeau.fr, lists which may be subject to modification at any time.
Use of the Products in shop: present the Product(s) at the checkout and complete if necessary with the means of payment of your choice accepted by the company. The Products may not be transferred or resold by their Beneficiaries and/or by the Customer to any third party whatsoever, for a fee.
Their use is the responsibility of the Customer or of the Beneficiary carrying them, as the case may be.
The Products are not nominative.
B . GENERAL PROVISIONS OF UNEXPECTED CADEAU
The Shopping &Sensations, Unexpected Shopping and Unexpected Gift Cards are pre-paid at the time of order, issued by Natixis, subject to CPA control in France. This card remains the property of the Issuer and the electronic money it contains is the property of the holder. The Shopping & Sensations, Unexpected Shopping and Unexpected Gift Cards are distributed by UMA.
The Issuer warrants that the funds loaded onto the Cards are protected in the event of default by the Issuer.
The Cards are valid for 12 months from the date of their order validated on the Site; the expiry date is indicated on the Card which is sent to the Customer or the Beneficiary. Any order for a Card(s) is deemed to be acceptance. The Cards may be used in accordance with the terms and conditions of use indicated on the Site.
The balance and validity date of the Cards can be communicated at the reception point of the shopping centres distributing the Card, on the Site or by calling 0826 08 11 12 (0.15 € inc. VAT/ min)).
For security reasons, Cards ordered over the Internet are blocked when they are sent. The Cards are therefore unusable until they are unblocked on the Site. To unblock your Card, log on to the Website www.lacartecadeau.fr, and click on the "My Card: activate/check my account" tab, providing you with the activation code received by post.
Cards can be loaded with an amount between 15 and 150 euros.
The Cards can be used in one or several times in one or several stores and in one or several Shopping & Sensation and Unexpected Shopping centres of the Unibail-Rodamco-Westfield group.
Unexpected Gift Cards ordered on the Site may be subject to a refund (excluding shipping costs) for their balance, less any outstanding transactions and, depending on the applicable terms and conditions, a processing fee and/or management fee for inactive Cards. The request for a refund must be made to the NATIXIS customer service department - Gift Card Service - BP 4 - 75060 Paris Cedex 02 - France in accordance with the following terms and conditions:
You may obtain a refund of the balance of the Card, which may be subject to the payment of a processing fee, after deduction of the transactions in progress, in accordance with the terms and conditions set out below.
Methods of reimbursement:
Any request for reimbursement of the balance of the Card must be made in writing using the online form on the Website, sent by registered letter with acknowledgement of receipt, to the following address NATIXIS - Service Cartes Cadeau - BP 4 - 75060 Paris Cedex 02.
The request must include your full contact details (surname, first name, postal address) and be accompanied by the following supporting documents:
- Card subject to reimbursement,
- IBAN number (appearing on your bank statement) of an account opened in France only.
Refunds are made by bank transfer.
Reimbursement fees:
The reimbursement of the balance of the Card is made free of charge on the expiry date of the Card and for a period of twelve months following this date.
The Issuer will charge a processing fee of seventeen euros fifty (17.50) euros for any request for reimbursement of the balance of the Card before the expiry date of the Card or after a period of twelve (12) months following the expiry date of the Card.
Management fee for inactive Card :
In addition, an inactive Card management fee of 0.90 euro (including VAT) per month will be applied from the first day of the month of the 12th month following the expiry of the Card's validity date.
All of these fees will be deducted by offsetting them against the balance of the Card. Consequently, Cards with a balance of less than or equal to 0.90 euro will not be subject to any reimbursement.
ARTICLE 2: THE ORDER
In order to access the online ordering service, the Customer agrees to provide accurate, up-to-date and complete information about himself (and about the Beneficiary if applicable) as requested in the "Customer Account" creation form on the Site.
The password created by the Customer at the time of the creation of his "Customer Account" and his login name constitute its identification elements. These identification elements are personal to him and he undertakes not to disclose them and to keep them confidential.
The Customer remains solely responsible for any use that may be made of his "Customer Account" by a third party who may have accessed his identification details. Any order resulting from the usurpation in any way whatsoever of the identifiers and/or passwords is the sole responsibility of the Customer who will be debited for the amount of the order.
UMA and Natixis Paiements may suspend the order and the "Customer Account" in the event of use of the identification details by a person other than the Customer or simultaneous use by several persons of the Customer's identification details until the situation is rectified.
Similarly, UMA and Natixis Paiements reserve the right to immediately suspend, by operation of law, without right to compensation, and without legal formalities, any order in the event of a breach of these General Terms and Conditions of Sale, in particular and without this list being exhaustive, due to any act of hacking, use or attempted use of data in breach of laws and regulations, in particular breaking into a computer system, altering its content or committing any of the offences punishable under articles 323-1 to 323-7 of the French Criminal Code.
Terms and conditions
The Customer places his order online. It can only be registered on the Site if the Customer has clearly identified himself by completing the compulsory details, marked " * " on the online order form (including any delivery details: recipient, address, etc.).
Acceptance/Confirmation
Any order implies explicit acceptance of these general terms and conditions of sale.
Acceptance of the order is made online, when the Customer clicks on the "pay" button after the ordering process.
The Customer then receives an e-mail acknowledging receipt of the order.
In the event that the Customer does not receive this confirmation, it is the Customer's responsibility to contact UMA either :
- On www.lacartecadeau.fr, "Contact us" section
- By e-mail to: contact@lacartecadeau.fr
- By post to the address
UNIBAIL MANAGEMENT lacartecadeau.fr 7 place du Chancelier Adenauer 75016 PARIS
UMA and Natixis Paiements may under no circumstances be held liable if the Customer does not receive confirmation of the order due to an error made by the Customer in entering his contact details and in particular his e-mail address.
Orders placed are firm and definitive upon payment. They may never give rise to a refund or be cancelled except in the case provided for in the "Processing" or "Withdrawal period" paragraphs below.
No cash on delivery will be accepted for any reason whatsoever.
Processing of orders
Validated orders are processed from Monday to Friday, excluding public holidays, within an average of 5 working days. In the event of an incident preventing the processing of the Customer's order, it is cancelled and its payment is refunded. Reimbursement is made by crediting the credit card of the Customer who carried out the initial transaction. A confirmation is sent by email to the Customer.
Suspension
UMA and Natixis Paiements reserve the right to suspend any order from a Customer with whom there is a dispute relating to the payment of a previous order, pending settlement of this previous order, regardless of the method of order and/or payment.
Similarly, UMA or the Issuer is authorised to restrict or block the use of a Card for security reasons, in accordance with the regulations in force.
Signature and Proof
In all cases, any use of identifiers or passwords or of the bank card number and completion of the order process shall be deemed irrefutably to constitute proof of acceptance of the order by the Customer according to the elements communicated to UMA in accordance with the provisions of articles 1316 et seq. of the French Civil Code, which the Customer accepts.
Consequently, all sums incurred by the entry of the number of Products appearing on the order form shall become due and payable. Completion of the order by the Customer constitutes signature and express acceptance of the operations carried out on the Site. Similarly, by mutual agreement between the Parties, the computerized records relating to all electronic transactions relating to orders (including payments) and Cards (and their use) kept by UMA are the sole proof of the transmissions and processing carried out.
UMA shall be responsible for keeping these records under conditions that guarantee the security and integrity of the data.
Withdrawal period
In accordance with the provisions of Art. L121-20 of the French Consumer Code, the Customer has a period of 14 clear days from the validation of the order to exercise his right of retraction for the entire order, provided that the Cards have not been activated. When this period expires on a Saturday, Sunday, public holiday or non-working day, it is extended until the 1st following working day.
The Customer must return the order under his sole responsibility, accompanied by the invoice and a bank account number (RIB (relevé d'identité bancaire) in its original packaging, by registered mail with acknowledgement of receipt or by any other means similar to :
NATIXIS - Gift Card Service - BP 4 - 75060 Paris Cedex 02 - France
Only the amount of the order is refunded, excluding shipping and personalisation costs. The shipping costs are to be paid by the Customer. Reimbursement will be made within 15 days from the date of receipt by Natixis Paiements of the returned Products and subject to validation by Natixis Paiements of the amount of the products actually received. The return of products is carried out under the exclusive responsibility of the customer.
Order tracking - Information
To find out more about the processing of his order, the Customer can contact customer service :
- via the "Contact us" section on www.lacartecadeau.fr
Availability
If the Products are not available at the time the order is processed, UMA and Natixis Paiements undertake to inform the Customer as soon as possible, by telephone, e-mail or post, and to indicate to the Customer a period of availability. The Customer has the option of accepting or refusing this new deadline. In the event of refusal on his part, the order is cancelled and the Customer is refunded in full.
Rules against money laundering :
- The total amount of gift cards purchased on the site is limited to €1,500 over 3 sliding months (90 days).
- The number of Gift Cards purchased on the Site is limited to 10 cards over 3 rolling months (90 days).
ARTICLE 3: RATES AND TERMS OF PAYMENT
Prices
- Shipping costs are fixed. They are 3.10 euros including tax per Card ordered.
Consequently, the total price invoiced corresponds to the amount of the Cards ordered and the shipping costs in force.
Currency of payment
All orders, whatever their origin, are payable in Euros.
Methods of payment
The Customer may pay for purchases online by credit card (Eurocard, Visa, Carte Bleue, Mastercard).
Payment is made at the time of ordering.
At the time of ordering, the Customer must enter or communicate his or her bank card number, expiry date, the cryptogram and the 3D Secure security code requested by his or her bank at the time of the transaction.
At the time of the transaction, the Customer will be redirected to the secure payment site of Natixis Paiements. His bank card details are neither known nor kept by UMA.
Any use of information relating to a bank card is deemed to have been validly authorized by the Customer.
After verification and approval by the Customer's bank, the Customer is automatically redirected to the UMA Website to continue shopping in complete security.
Reservation of ownership
UMA retains ownership of the Products (or even of the goods and/or services acquired from affiliated partners using the Products), up to the amount of the face value amounts loaded onto the Cards, until effective payment of all sums owed by the Customer to UMA for the order concerned.
In the event of non-payment of the order by the Customer, UMA reserves the right to claim ownership of all the Products (or even the aforementioned goods and/or services up to the amount of the face value or the amounts loaded), without it being necessary to issue a prior formal notice.
ARTICLE 4 - DELIVERY
Place of delivery
The Products can only be delivered to the address stipulated at the time of the order in Metropolitan France (including Corsica). The Customer will receive a letter in lieu of a delivery note.
Delivery time
The average delivery time observed is 48 hours, in addition to the order processing time.
Delivery times are not the responsibility of UMA, which cannot be held liable for the consequences due in particular to a delay in delivery or damage attributable to third parties, in particular carriers.
ARTICLE 5: TRANSFER OF RISKS
The transfer of risks occurs upon delivery of the Products to the address indicated in the order.
UMA (nor the Issuer) may not be held liable for any theft, destruction, falsification or fraud from the time of delivery to the address indicated in the order.
ARTICLE 6 - LOSS OR THEFT OF THE CARD
The Card cannot be replaced or refunded in the event of loss or theft once activated.
ARTICLE 7 - LIABILITY
UMA has, for all stages of access to the Site, the order process, delivery or subsequent services, only an obligation of means. UMA may not be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, external intrusion or the presence of computer viruses, or for any event qualified as force majeure, in accordance with case law.
Similarly, UMA (nor the Issuer) shall not be held liable in the event that certain brands present in the Unibail-Rodamco-Westfield group centres should disappear and/or no longer accept the Products for any reason whatsoever, and more generally in the event of default by the said partner for any reason whatsoever. Likewise, it is expressly understood that the said affiliated partners are each solely responsible for the goods, products or services that they market and which would be acquired by the Client and/or the Beneficiaries in the context of the use of the Products. Consequently, no liability may be invoked against UMA (nor the Issuer) in respect of the goods and/or services acquired from the affiliated brands. Thus, the Beneficiary alone shall be responsible for the resolution of any dispute with the said brand name.
ARTICLE 8 - PERSONAL DATA
The information collected from the Customer and/or the Beneficiary is processed by UMA, the Issuer and their service providers and the information indicated as mandatory is essential for the purposes of managing, securing, validating and monitoring the order, the use of the Products and the fight against fraud and money laundering.
In this respect, the Customer declares that it has all the necessary authorisations relating to the use of data, including personal data (in particular delivery data), for the purposes of order fulfilment by UMA and/or the Issuer.
The data collected may be communicated to any company in the group to which UMA and the Issuer belong for the purpose of sending canvassing with a view to promoting their products or services.
In accordance with art. 34 of the French Data Protection Act of 6 January 1978 as amended, you have the right to access, modify, query, rectify, oppose and delete data concerning you.
To exercise these rights, simply make a request indicating your surname, first names, e-mail address and, if possible, your UMA customer references, i.e. : - On www.lacartecadeau.fr : "Contact us" section
- By post: UNIBAIL MARKETING MANAGEMENT lacartecadeau.fr 7 place du Chancelier Adenauer 75016 PARIS
ARTICLE 9 - INTELLECTUAL PROPERTY
All elements of the www.lacartecadeau.fr site, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents. They are registered and owned by UMA, the companies of the Unibail-Rodamco-Westfield group or its partners.
Any hypertext link referring to the lacartecadeau.fr Site without prior authorisation and using in particular the techniques of "framing" or "in-line linking" is strictly forbidden.
ARTICLE 10 - INTEGRAL
In the event that one of the clauses of these General Terms and Conditions of Sale should prove to be null and void due to a change in legislation, regulations or a court decision, this shall in no way affect the validity and compliance with the other provisions of the General Terms and Conditions of Sale.
ARTICLE 11 - DURATION
These Terms and Conditions are valid from 8 April 2014 for each Card order made on the www.lacartecadeau.fr website. They replace all previous versions of the Terms and Conditions.
ARTICLE 12- CLAIMS
For any complaint relating to an order of Cards, please contact our customer service within a maximum period of 12 months from the date of the order, i.e. :
- On www.lacartecadeau.fr : " Contact us " section - By e-mail at the following address:
- By post : UNIBAIL MANAGEMENT, lacartecadeau.fr
7 place du Chancelier Adenauer 75016 PARIS
ARTICLE 13 - PRESERVATION AND ARCHIVING OF TRANSACTIONS
The archiving of orders and transactions is carried out on a reliable and durable medium so as to correspond to a faithful and lasting copy.
ARTICLE 14 - MISCELLANEOUS
UMA recalls that under the Civil Code, non-emancipated minors are unable to contract. Consequently, orders must be placed by a capable adult exercising parental authority.
ARTICLE 15 - APPLICABLE LAW AND JURISDICTION
The present Conditions relating to the sale and/or distribution by UMA of the Products are subject to French law. In the event of a dispute, and in the absence of an amicable agreement between the Parties, jurisdiction is given to the competent courts of the defendant's domicile, notwithstanding plurality of defendants and/or the introduction of third parties, even for emergency or protective proceedings in summary proceedings or by petition.