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Terms and Conditions

Article 1. Definitions

1.1 In these General Terms and Conditions, the following capitalized terms, both in singular and plural, have the following meanings:

  • Account: The personal environment of the User or Recipient within the App, Website, or Online Portal, accessed using Login Credentials.
  • General Terms and Conditions: These General Terms and Conditions of MrGift.
  • App: The mobile application that allows the User and/or Recipient to use the Service.
  • Service: The service provided by MrGift to the User and/or Recipient, as further described in Article 3.
  • Login Credentials: 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, including copyrights, trademark rights, trade name rights, database rights, and related rights, as well as know-how and related rights.
  • User: The registered user of an Account, who acts as the buyer and/or giver in the Agreement.
  • Merchant: A publisher of a Merchant gift card affiliated with MrGift.
  • Merchant Gift Card: The digital gift card of a Merchant, activated after exchanging a MrGift Card or MrGift Gift, including gift card code, to be spent at the respective Merchant or its affiliated spending partners.
  • Online Portal: The ordering environment of the Website where a User can create an Account and use the Service in the case of MrGift Business.
  • Recipient: The individual chosen by a User to receive a MrGift Card or MrGift Gift, who creates an Account to store these gift cards in the Wallet and thus enters into an Agreement with MrGift as a registered user of the App and/or Website. The Recipient becomes a User as soon as they purchase a MrGift Card or MrGift Gift themselves.
  • Agreement: The Agreement between MrGift and the User or Recipient under which the Service can be used, to which these General Terms and Conditions apply.
  • Party(ies): 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 where purchased, sent, and/or received MrGift Value, MrGift Gifts, and/or Merchant gift cards are visible.
  • Website: The website of MrGift, accessible at https://mrgift.nl, including all underlying pages.
  • MrGift: The legal entity MrGift B.V., registered in Amsterdam, located 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 assortment.
  • MrGift Business: The service that MrGift provides to business Users, including companies or organizations.

Article 2. General

2.1 MrGift provides the Service to both consumers and business customers, aiming for a consumer or organization to gift a gift card with a personal message to another.

2.2 The Agreement between a User or Recipient and MrGift is established by creating an Account. This also applies to the 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 they purchase a MrGift card via the App themselves.

2.3 For MrGift Business, the User creates an Account on the Online Portal of the Website. The Agreement is established between the User and MrGift, unless explicitly agreed otherwise. The User is qualified to create an Account via the Online Portal if they are not a consumer, such as a private limited company or a (semi)government entity.

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

2.5 MrGift reserves the right to change and/or supplement these General Terms and Conditions. Changes will be communicated via email, the App, or the Website and will take effect 7 days after notification. The most current General Terms and Conditions are available via the Website and/or App. If the User or Recipient continues to use the Service after the change, they unconditionally accept the amended General Terms and Conditions. If they do not agree with the changes, the Account may be deleted, after which the Service can no longer be used.

2.6 Deviating from these General Terms and Conditions is only possible if recorded in writing between the parties.

Article 3. The Service

3.1 For consumers, the Service consists of:

  • Providing an App that allows the User to purchase and send a MrGift Gift or additional value to third parties. These third parties can view the gift cards and the personal message without having an Account.
  • Exchanging 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.
  • Spending Merchant Gift Cards at the Merchant(s) and/or their spending partners by the Recipient.

3.2 For MrGift Business, the Service consists of:

  • Providing an Online Portal that allows the User to purchase MrGift Gifts, featuring 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 offering a Wallet via the Website, allowing Recipients to 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 Recipient must create an Account, during which they generate Login Credentials. This applies to the App, the Online Portal, and creating an Account via the Website. The App, Online Portal, and Website Account are not identical, resulting in limitations on their use. For instance, the Online Portal is specifically intended for MrGift Business.

4.2 The User and/or Recipient is responsible for keeping their Login Credentials confidential. Once the User or Recipient knows or has reason to suspect that their Login Credentials have been obtained by unauthorized persons, they must immediately notify MrGift and take effective measures to limit damage, such as changing the Login Credentials. MrGift is not liable for damages arising from any unauthorized access to or use of the Service by third parties.

4.3 MrGift strives to provide the Service carefully and professionally. The Service is always performed by MrGift based on a best-efforts obligation. The User or Recipient accepts that the App, Online Portal, or Website contains only the functionalities and other properties that the User or Recipient encounters at the time of use (“as is”).

4.4 The User or Recipient is fully responsible and liable for all actions taken using the App, Online Portal, or Website. Use is entirely at their own risk.

4.5 MrGift is entitled at any time, without prior notice and without being liable to the User or Recipient in any way, to modify and/or (temporarily) terminate the (content or functionalities of the) App and/or Online Portal and/or Website and to perform maintenance without prior announcement.

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

4.7 In the case of the Online Portal, the person creating the Account declares to be authorized to create and use the Account on behalf of the User.

Article 5. MrGift Gift, MrGift Value

GENERAL

5.1 MrGift offers a range of MrGift Gifts (credits) and MrGift Gifts in the Online Portal. These cannot be directly spent at a Merchant or its partners; instead, they must be exchanged by the Recipient for a Merchant gift card, which can be used with the Merchant and its partners.

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

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 Gifts (credits) 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 concluded 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 expiration date. The risk for timely delivery, exchange, or spending lies with the User or Recipient. After the expiration date, all rights to the card expire, and no claims can be made on MrGift.

5.8 Once a MrGift Card or MrGift Gift is exchanged for a Merchant gift card, the expiration date of the Merchant gift card will be determined according to the Merchant’s terms, which may vary.

5.9 MrGift makes every effort to provide accurate information regarding the balance and details of MrGift Cards, MrGift Gifts, and Merchant Gift Cards in the Wallet, on the Website, 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 directly or at a later time from the Wallet to the Recipient via the available shipping options. The User has no right to specific shipping methods, and any issues with shipping methods are at their own risk. MrGift is not responsible for problems with shipping methods.
  • MrGift Gifts can be exchanged for a Merchant gift card from the assortment corresponding 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 shipments of MrGift Gifts, either before or after the exchange.
  • The User is responsible for the data entered when sending a MrGift Gift and for processing the personal data of the Recipient. MrGift accepts no liability for errors in this data.

5.12 The following rules apply to MrGift Gifts:

  • MrGift Gifts cannot be exchanged for cash.
  • After purchase, MrGift Gifts are sent directly or at a later time from the Wallet to the Recipient via the available shipping options. The User has no right to specific shipping methods, and any issues with shipping methods are at their own risk. MrGift is not responsible for problems with shipping methods.
  • Each MrGift Gift can only be exchanged once for a Merchant gift card.
  • MrGift is not responsible for errors or duplicate shipments of MrGift Gifts by the User.
  • The User is responsible for the data entered when sending a MrGift Gift and for processing the personal data of the Recipient. MrGift accepts no liability for errors in this data.

5.13 Recipients exchange their MrGift Card or MrGift Gift in the Wallet for a Merchant gift card of the value in their Wallet.

5.14 For MrGift Business or other specific cases, the User may have 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 assortment, even if a suggestion for a specific Merchant gift card has been made with the MrGift Card.
  • A Merchant gift card cannot be exchanged for another card or MrGift Gift after the exchange.
  • Merchant Gift Cards are not redeemable for cash.
  • When exchanging a MrGift Card or MrGift Gift for a Merchant gift card, an agreement is formed between the Recipient and the Merchant. MrGift is only responsible for providing access to the Wallet.
  • The Merchant gift card can be used fully or partially at the Merchant or its partners according to the Merchant’s terms. MrGift is not liable for the use of the Merchant gift card or the purchased products or services.

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 issue is due to an error by MrGift, such as a technical failure in the App, MrGift will offer a new Merchant gift card of equal value, without further compensation.
  • If the issue is due to the Merchant or its partners, such as technical problems at the checkout, MrGift is not liable.

Article 6. Privacy

6.1 In executing 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 The responsibility for providing accurate personal data to MrGift always lies with the User or Recipient providing this 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, are the property of MrGift and/or its licensors. No provision in these General Terms and Conditions constitutes the transfer of these rights to the User or Recipient.

7.2 Provided that the User and/or Recipient complies with the General Terms and Conditions, a personal right is granted to use the App, Online Portal, and Website. MrGift reserves the right to terminate this usage right at any time, especially in the event of a breach of the General Terms and Conditions, default, fraud, or violation of legislation.

Article 8. Liability

8.1 MrGift’s liability for shortcomings in the performance of the Agreement, its Service, or any unlawful act by MrGift, its employees, or third parties engaged is limited to compensation for direct damage. The liability for direct damage is, per event (where a series of connected events is considered one event), a maximum of the amount that the User has paid to MrGift in the twelve (12) months preceding the event (excluding VAT), or for a Recipient a maximum of three (3) times the value of the remaining Gift Cards in the Recipient’s Wallet. In no case will total liability exceed €150 (excluding VAT).

8.2 “Direct damage” is understood exclusively as:

  • Damage to property.
  • Reasonable costs incurred by the User or Recipient to align MrGift’s performance with the Agreement.
  • Reasonable costs to determine the cause and extent of the damage, insofar as these costs relate to direct damage as described in this Agreement.
  • Reasonable costs to prevent or limit damage, provided it is demonstrated that these costs contributed to the limitation of direct damage.

8.3 MrGift is not liable for other damage than direct damage as described above, including consequential damage such as loss of profit, loss of revenue, loss of expected savings, and other financial losses, as well as incidental, indirect damage or punitive damages, regardless of whether MrGift was aware of the possibility of such damage.

8.4 The User or Recipient’s right to claim compensation expires in any case one (1) year after the event that led to the claim or procedure.

Article 9. Duration and 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 both parties at any time. Upon termination, the right to use the Service immediately ceases, and access to the Service will be closed immediately.

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

9.3 MrGift reserves the right to close the Account and the Wallet, with the obligation to send the content of the Wallet, regarding Merchant Gift Cards, by email to the registered email address of the User or Recipient. MrGift will give Users the opportunity to still send unsent MrGift Cards and/or MrGift Gifts. Recipients will have the opportunity to exchange 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 makes no choice, MrGift will exchange the valid Gift Cards and send them via email.

Article 10. Complaints Procedure

10.1 MrGift strives for careful execution of the Service. If there is a complaint, it can be submitted by email via info@mrgift.nl. MrGift will process the complaint as quickly as possible and respond no later than fourteen days after receipt. If the processing takes more time, MrGift will send an acknowledgment of receipt within fourteen days of receipt and provide an indication of the timeframe in which the complaint will be addressed substantively.

Article 11. Other Provisions

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

11.2 Dutch law applies to these General Terms and Conditions and the use of the Service. All disputes will be submitted to the competent court in Amsterdam, unless MrGift chooses another competent court based on the law.

11.3 If any provision of these General Terms and Conditions is found to be invalid, the remaining provisions shall remain in effect. MrGift will replace the invalid provision with a valid provision that retains the intent of the invalid provision as much as possible.11.4 MrGift may transfer rights and obligations from these General Terms and Conditions to third parties and will promptly inform the User/Recipient of this. If the User/Recipient does not accept the transfer, they may terminate their Agreement according to Article 9.