Terms & Conditions

Article 1. Definitions

1.1 In these Terms & Conditions, the following capitalised terms, in both the singular and the plural, have the meanings set out below:

Account: The personal environment of the User or Recipient within the App, the Website or the Online Portal, accessed using Login Details.
Terms & Conditions: These Terms & Conditions of MrGift.
App: The mobile application through which the User and/or Recipient can use the Service.
Service: The Service that MrGift provides to the User and/or Recipient, as further described in Article 3.
Login Details: The name, email address, password and/or any additional security information used to access the Account and/or use the App and/or Online Portal.
Intellectual Property Rights: All intellectual property rights, such as copyrights, trademark rights, trade name rights, database rights and neighbouring rights, as well as know-how and related rights.
User: The registered user of an Account who is party to the Agreement as buyer and/or giver.
Merchant: An issuer of a Merchant Gift Card that is affiliated with MrGift.
Merchant Gift Card: The digital gift card of a Merchant, activated after exchanging a MrGift Card or MrGift Gift, including the gift card code, to be spent at the relevant Merchant or at the spending partners affiliated with that Merchant.
Online Portal: The ordering environment of the Website in which a User of MrGift Business creates an Account and can use the Service.
Recipient: The recipient of a MrGift Card or MrGift Gift chosen by a User, who creates an Account to store these Gift Cards in the Wallet and thereby enters into an Agreement with MrGift as a registered user of the App and/or Website. The Recipient becomes a User as soon as he or she buys a MrGift Card or MrGift Gift.
Agreement: The Agreement between MrGift and the User or Recipient under which the Service can be used and to which these Terms & Conditions apply.
Party/Parties: MrGift and/or User and/or Recipient.
Privacy Statement: The Privacy Statement of MrGift, available at https://mrgift.nl/privacy.
Wallet: The personal virtual wallet within the Account in which purchased, sent and/or received MrGift Value, MrGift Gifts and/or Merchant Gift Cards are shown.
Website: The website of MrGift, available at https://mrgift.nl, including all underlying pages.
MrGift: The legal entity MrGift B.V., with its registered office in Amsterdam and its place of business at Afroditekade 50, 1076 DP Amsterdam (info@mrgift.nl).
MrGift Card: Value issued by MrGift that can be exchanged for a Merchant Gift Card of choice from the MrGift range.
MrGift Business: The Service that MrGift provides to business Users, including companies and organisations.

Article 2. General

2.1 MrGift provides the Service to both consumers and business customers, so that a consumer or an organisation can give someone else a gift card with a personal message.

2.2 The Agreement between a User or Recipient and MrGift is concluded when an Account is created. This also applies to a Recipient who has received a gift card and creates an Account to accept, manage and spend or exchange a MrGift gift. The Recipient can create an Account via the App or the Website. A Recipient becomes a User as soon as he or she buys a MrGift via the App.

2.3 For MrGift Business, the User creates an Account on the Online Portal of the Website. The Agreement is concluded between the User and MrGift, unless expressly agreed otherwise. The User is eligible to create an Account via the Online Portal if it is not a consumer, for example a private limited company or a (semi)public body.

2.4 These Terms & Conditions apply to the Agreement and the Service of MrGift. The User and Recipient agree to these Terms & Conditions. MrGift may also invoke these Terms & Conditions against the Recipient, even if the Recipient does not yet have an Account.

2.5 MrGift reserves the right to amend and/or supplement these Terms & Conditions. Changes are announced by email, via the App or via the Website and take effect 7 days after announcement. The most recent Terms & Conditions are available via the Website and/or App. If the User or Recipient continues to use the Service after a change, he or she unconditionally accepts the amended Terms & Conditions. If the User or Recipient does not agree with the changes, the Account can be deleted, after which the Service can no longer be used.

2.6 Deviations from these Terms & Conditions are only valid if agreed in writing between the parties.

Article 3. Service

3.1 For consumers, the Service consists of:

Providing an App with which the User can buy a MrGift Gift or extra value and send it to third parties. These third parties can view the Gift Cards and the personal message without having an Account.
The exchange of MrGift Cards and/or MrGift Gifts for a Merchant Gift Card by the Recipient.
Managing purchased or received MrGift Cards, MrGift Gifts and Merchant Gift Cards.
The spending of Merchant Gift Cards by the Recipient at the Merchant(s) and/or their spending partners.

3.2 For MrGift Business, the Service consists of:

Providing an Online Portal with which the User can buy MrGift Gifts, add a personal message and send them to third parties. These third parties can view the Gift Card and the message without having an Account.

3.3 For MrGift Business, the Service also includes providing a Wallet via the Website, with which Recipients can store, manage, exchange and spend MrGift Gifts and Merchant Gift Cards at the Merchant(s) and/or their spending partners.

Article 4. Use of the App, Online Portal or Website

4.1 To use the Service, the User or the Recipient must create an Account and set up Login Details. This applies to the App, to the Online Portal and to creating an Account via the Website. The App, the Online Portal and the Account via the Website are not identical, so restrictions apply to their use. For example, the Online Portal is intended specifically for MrGift Business.

4.2 The User and/or the Recipient is responsible for keeping his or her Login Details confidential. As soon as the User or Recipient knows or has reason to suspect that Login Details have come into the hands of unauthorised persons, the User or Recipient must notify MrGift immediately and take effective measures, including to limit damage, such as changing the Login Details. MrGift is not liable for damage resulting from any unauthorised access to or use of the Service by third parties.

4.3 MrGift endeavours to provide the Service carefully and professionally. MrGift performs the Service at all times on a best efforts basis. The User or Recipient accepts that the App, the Online Portal or the Website contains only the functionalities and other features that the User or Recipient finds at the time of use (“as is”).

4.4 The User or Recipient is fully responsible and liable for all actions he or she performs using the App, the Online Portal or the Website. Use is entirely at his or her own expense and risk.

4.5 MrGift is entitled at all times, without prior notice and without being liable in any way to the User or the Recipient, to modify and/or (temporarily) discontinue (the content or functionalities of) the App and/or the Online Portal and/or the Website, and to carry out maintenance without prior notice.

4.6 If the App and/or the Online Portal and/or (other functionalities on) the Website are (temporarily) unavailable, for example due to a technical fault, MrGift is not liable for the consequences.

4.7 In the case of the Online Portal, the person who creates the Account declares, by creating the Account, that he or she is authorised to create and use the Account on behalf of the User.

Article 5. MrGift Gift, MrGift Value

GENERAL

5.1 In the Online Portal, MrGift offers a range of MrGift Gift (credit) and MrGift Gifts. These cannot be spent directly at a Merchant or its partners; instead, the Recipient must exchange them for a Merchant Gift Card, which can be used at the Merchant and its partners.

5.2 MrGift Gift (credit) and MrGift Gifts are purchased by the User at a value specified by the User, using the payment methods available at that time. Specific terms of the payment provider may apply to these payment methods.

5.3 The User agrees to the immediate delivery of a MrGift Gift (credit) or MrGift Gift after purchase.

5.4 The User acknowledges that the right to cancel or withdraw from the agreement does not apply to the purchase of MrGift Gift (credit) or MrGift Gifts.

5.5 The User cannot exchange or use a MrGift Gift or MrGift card themselves. The User can only send these Gift Cards, including a personal message, to a third party.

5.6 The contract for the delivery of a MrGift Card or MrGift Gift is completed when the User sees the card in the Wallet, or when the User chooses to send the card directly to the Recipient. The card is then shown as sent in the Wallet.

5.7 MrGift Cards, MrGift Gifts and Merchant Gift Cards may have an expiry date. The risk of timely sending, exchange or spending lies with the User or Recipient. After the expiry date, all rights to the card lapse and no further claim can be made against MrGift.

5.8 Once a MrGift Card or MrGift Gift has been exchanged for a Merchant Gift Card, the expiry date of the Merchant Gift Card is determined by the Merchant's terms, which may vary.

5.9 MrGift does its best to provide correct information about the balance and details of MrGift Cards, MrGift Gifts and Merchant Gift Cards in the Wallet, on the Website, in the Online Portal or in the App. MrGift is not liable for errors or missing information.

5.10 The Recipient can view the MrGift Card or MrGift Gift and the accompanying message online. An Account is required to store, exchange or manage the Gift Cards.

MRGIFT CARDS AND MRGIFT GIFTS

5.11 The following rules apply to MrGift Cards:

MrGift Cards cannot be exchanged for cash.
After purchase, MrGift Cards are sent from the Wallet to the Recipient, immediately or at a later time, using the delivery options offered. The User has no right to specific delivery methods, and any problems with delivery methods are at the User's own risk. MrGift is not responsible for problems with delivery methods.
MrGift Gifts can be exchanged for a Merchant Gift Card from the range that belongs to the MrGift Gift.
Each MrGift Gift can only be exchanged once for a Merchant Gift Card.
MrGift is not responsible for errors or duplicate sends of MrGift Gifts, either before or after exchange.
The User is responsible for the details entered when sending a MrGift Gift and for the processing of the Recipient's personal data. MrGift accepts no liability for errors in these details.

5.12 The following rules apply to MrGift Gifts:

MrGift Gifts cannot be exchanged for cash.
After purchase, MrGift Gifts are sent from the Wallet to the Recipient, immediately or at a later time, using the available delivery options. The User has no right to specific delivery methods, and any problems with delivery methods are at the User's own risk. MrGift is not responsible for problems with delivery methods.
Each MrGift Gift can only be exchanged once for a Merchant Gift Card.
MrGift is not responsible for errors or duplicate sends of MrGift Gifts by the User.
The User is responsible for the details entered when sending a MrGift Gift and for the processing of the Recipient's personal data. MrGift accepts no liability for errors in these details.

5.13 Recipients exchange their MrGift Card or MrGift Gift in the Wallet for a Merchant Gift Card for the Value in their Wallet.

5.14 For MrGift Business or other specific cases, the User may be given the option to send or give a physical MrGift Gift.

MERCHANT GIFT CARD

5.15 The following rules apply to Merchant Gift Cards:

MrGift Cards or MrGift Gifts can be exchanged for a Merchant Gift Card from the available range, even if a specific Merchant Gift Card was suggested with the MrGift Card.
After exchange, a Merchant Gift Card cannot be swapped for another card or MrGift Gift.
Merchant Gift Cards cannot be exchanged for cash.
When a MrGift Card or MrGift Gift is exchanged for a Merchant Gift Card, an agreement is concluded between the Recipient and the Merchant. MrGift is only responsible for providing the Wallet.
The Merchant Gift Card can be used in full or in part at the Merchant or its partners in accordance with the Merchant's terms. MrGift is not liable for the use of the Merchant Gift Card or for the products or services purchased.

5.16 If a Recipient cannot spend a Merchant Gift Card due to a problem with the Merchant, the Recipient must contact MrGift. The following situations apply:

If the problem is caused by an error on MrGift's side, such as a technical fault in the App, MrGift will offer a new Merchant Gift Card of equal value, without any further compensation.
If the problem is caused by the Merchant or its partners, such as technical problems at the till, MrGift is not liable.

Article 6. Privacy

6.1 In performing the Agreement and providing the Service, MrGift processes personal data of the User and/or the Recipient. MrGift ensures that all personal data is processed in accordance with its Privacy Statement and applicable data protection legislation.

6.2 Responsibility for providing correct personal data to MrGift always lies with the User or Recipient who supplies that data.

Article 7. Intellectual Property Rights

7.1 The Intellectual Property Rights relating to the Service, including the Website, Online Portal and App, as well as the information accessible via these platforms, such as texts, designs, templates and all multimedia content, belong to MrGift and/or its licensors. No provision in these Terms & Conditions implies the transfer of these rights to the User or Recipient.

7.2 Provided that the User and/or Recipient complies with the Terms & Conditions, a personal right is granted to use the App, Online Portal and Website. MrGift reserves the right to terminate this right of use at any time, in particular in the event of a breach of the Terms & Conditions, non-performance, fraud or violation of the law.

Article 8. Liability

8.1 MrGift's liability for shortcomings in the performance of the Agreement or its Service, or for any unlawful act by MrGift, its employees or third parties it engages, is limited to compensation for direct damage. Liability for direct damage per event (a series of related events counting as one event) is limited to the amount the User paid to MrGift in the twelve (12) months prior to the event (excl. VAT), or for a Recipient to a maximum of three (3) times the value of the unspent Gift Cards in the Recipient's Wallet. Under no circumstances will total liability exceed €150 (excl. VAT).

8.2 “Direct damage” means exclusively:

Damage to property.
Costs reasonably incurred by the User or Recipient to bring MrGift's performance into line with the Agreement.
Costs reasonably incurred to determine the cause and extent of the damage, insofar as these costs relate to direct damage as described in this Agreement.
Costs reasonably incurred to prevent or limit damage, provided it is shown that these costs contributed to limiting direct damage.

8.3 MrGift is not liable for any damage other than direct damage as described above, including consequential damage such as loss of profit, loss of revenue, loss of anticipated savings and other financial losses, nor for incidental or indirect damage or punitive damages, regardless of whether MrGift was aware of the possibility of such damage.

8.4 The right of the User or Recipient to claim compensation lapses in any event one (1) year after the event that gave rise to the claim or proceedings.

Article 9. Term & Termination

9.1 The Agreement between the User and/or Recipient and MrGift is entered into for an indefinite period and can be terminated by either party at any time. Upon termination, the right to use the Service lapses immediately and access to the Service is closed directly.

9.2 Upon termination of the Account, all rights and claims of the User or Recipient against MrGift lapse, including any remaining MrGift Cards, MrGift Gifts and Merchant Gift Cards.

9.3 MrGift reserves the right to close the Account and the Wallet, with the obligation to send the contents of the Wallet relating to Merchant Gift Cards by email to the registered email address of the User or Recipient. MrGift will give Users the opportunity to send any unsent MrGift Cards and/or MrGift Gifts. Recipients will be given the opportunity to exchange any unexchanged MrGift Cards and/or MrGift Gifts for a Merchant Gift Card. These actions will be carried out within a period of three months. If the Recipient does not make a choice, MrGift will exchange the valid Gift Cards and send them by email.

Article 10. Complaints

10.1 MrGift aims to perform the Service with care. If you have a complaint, you can submit it by email to info@mrgift.nl. MrGift will handle the complaint as quickly as possible and respond within fourteen days of receipt at the latest. If handling requires more time, MrGift will send an acknowledgement of receipt within fourteen days and indicate when the complaint will be dealt with in substance.

Article 11. Miscellaneous

11.1 Unless stated otherwise, all prices for consumers are in euros and include VAT.

11.2 These Terms & Conditions and the use of the Service are governed by Dutch law. All disputes will be submitted to the competent court in Amsterdam, unless MrGift chooses another competent court as permitted by law.

11.3 If any provision of these Terms & Conditions proves to be invalid, the remaining provisions remain in force. MrGift will replace the invalid provision with a valid one that preserves the intent of the invalid provision as closely as possible.

11.4 MrGift may transfer rights and obligations under these Terms & Conditions to third parties and will notify the User/Recipient of this immediately. If the User/Recipient does not accept the transfer, they may terminate their Agreement in accordance with article 9.