Terms and Conditions for End Users
GENERAL TERMS AND CONDITIONS FOR END USERS
These General Terms and Conditions (” General Terms”) govern the purchase and use of Gift Cards (“Gift Card”) sold through the MyWebGift OÜ platform www.MyWebGift.com. Gift Cards are issued by Business partners who use the MyWebGift OÜ platform to sell their Gift Cards. MyWebGift OÜ platform is not the issuer of Gift Cards and acts solely as a facilitator for transactions between purchasers and the issuing business partners. By purchasing or using a Gift Card, you agree to be bound by these Terms.
The issuer of each Gift Card is identified at the time of purchase, and any obligations regarding the redemption and use of the Gift Card are the responsibility of the issuing business partner, not the MyWebGift OÜ platform.
1. DEFINITIONS
1.1. Business Partner – A business or natural person who subscribes to or uses our Platform to create and manage gift cards for their customers (End Users).
1.2. General Terms – these General Terms and Conditions for End Users, and all other rules and policies, and any future modifications thereof, that may be published, from time to time, on the Website or made available to the End Users otherwise in connection with the use of the Services.
1.3. Gift Card – A prepaid card issued by Business Partners registered on our platform, redeemable exclusively for products or services provided by the issuing Business Partner.
1.4. Materials – any kind of materials (including, but not limited to, text, photos, and drawings) added by the End Users to the Website while purchasing gift cards.
1.5. Provider, us, MyWebGift – MyWebGift OÜ is a company registered in the Republic of Estonia, with registry code 17071569 and address Siili tn 13-25, 13422 Tallinn, Harju Maakond, Republic of Estonia.
1.6. End User – The natural or legal person who purchases or uses the gift cards issued by the Business Partner.
1.7. Contract – agreement between MyWebGift and the Business Partner for the use of the Services, consisting of the General Terms and Conditions for Business Partners.
1.8. Website, Platform – www.MyWebGift.com The MyWebGift website is where End Users can buy gift cards provided by business partners.
2. DESCRIPTION OF THE SERVICES
2.1. The purpose of such Services is to provide a common platform to mediate the creation, distribution, and management of gift cards and bring together the Business Partners and the End Users. Through the Website, the Business partner can create, distribute and management of gift cards and End users can buy them.
2.2. The Services are provided in English, Estonian, and Russian and can be used through MyWebGift’s Website.
2.3. The Users of the Services are the Business partner and the End user.
2.4. MyWebGift OÜ or platform is not liable for the conclusion or the execution of the Gift cards nor does participate in the service transactions conducted between the Business partners and End users on the Website or afterward. MyWebGift does not act as an agent, broker, representative, commission agent, etc. of the Business partner unless separately agreed otherwise.
3. PURCHASE PROCESS
3.1. No Account Required: End Users are not required to create an account to buy a Gift Card. However, accurate contact information, including a valid email address and any other details, is necessary to complete the transaction and ensure delivery.
3.2. Eligible End Users: End Users must be 18 years or older.
3.3. The steps for purchasing a gift card will be as follows:
3.3.1. Select a Gift Card Service
- Choose the desired gift card service from the platform.
3.3.2. Provide Recipient Details
- The purchaser is required to provide the recipient’s name, and email address, and may optionally include a personalized greeting message.
- If the purchaser wishes the gift card to be delivered on a specific date, they must select a delivery date using the provided calendar. If no delivery date is specified, the gift card will be sent via email immediately upon completion of the purchase.
- Only one gift card may be purchased per transaction.
3.3.3. Preview the Gift Card
- Click the Preview button to see how the gift card will appear.
- A new browser tab will open to display the preview. Review it carefully.
3.3.4. Add to Cart
- If everything looks good, click the Add to Cart button to proceed.
3.3.5. Review Your Cart
- Open your cart and verify that all details are correct.
- Once confirmed, click the Proceed to Checkout button.
3.3.6. Complete Checkout Details
- Fill in accurate billing information to ensure smooth order processing.
- Choose your preferred payment method.
- Read and accept the platform’s Terms and Conditions for End Users.
- Double-check all order details to confirm their accuracy.
3.3.7. Place Your Order
- Click the Place Order button to finalize the purchase.
3.3.8. Once your order is placed
- A purchase transaction invoice and a copy of the gift card will be sent to the email address provided by the purchaser.
- The platform will process the order and issue notification emails to both the gift card purchaser and the designated service provider.
3.4. Accuracy of Information: It is the End User’s responsibility to ensure all recipient details (such as name, email, text, and gift date) are accurate and polite. Neither the platform nor the issuing Business Partner is liable for delivery issues caused by incorrect information.
4. GIFT CARD ISSUANCE AND USE
4.1. Delivery Method: Gift Cards are delivered electronically via email only. No physical Gift Cards will be issued.
4.2. Validity & Activation: Gift Cards are valid from the date of purchase and expire on which the Business Partner has specified. They can be used exclusively with the issuing Business Partner as indicated on the Gift Card.
4.3. Currency & Denomination: Gift Cards are issued in euros (EUR) and are available in the denomination specified by the business partner.
4.4. Non-transferable & Non-reloadable: Gift Cards are non-refundable and cannot be exchanged for cash or credit, except as required by law. Gift Cards cannot be used to purchase other gift cards-
4.5. Redeem: Gift Card is redeemable only for products and services offered by the Gift Card issuer (Business Partner).
5. PAYMENT METHODS
5.1. Gift Cards can be purchased using the following payment methods:
5.1.1. Online Bank Transfers: Supported through major local online banking platforms.
5.1.2. Credit/Debit Cards: Purchases can be made with Mastercard and Visa debit or credit cards.
5.1.3. Digital Wallets: Purchases can also be made using Apple Pay and Google Pay.
5.2. All payment information is processed securely in compliance with applicable EU regulations and data protection standards.
6. FEES AND EXPIRE
6.1. No Hidden Fees: No fees are associated with purchasing or using Gift Cards.
6.2. Gift Cards expire on the date specified by the Business Partner. Upon expiry, any remaining balance will be forfeited in compliance with applicable EU law.
7. END USER RIGHTS, REDEMPTION, REFUNDS AND CANCELLATION
7.1. As a consumer (End User) in the European Union, you are entitled to statutory rights, including the right to withdraw from the purchase of a gift card within 14 days of receipt (without providing any reason), provided that the card has not been used. To exercise this right, please contact us via the details below.
7.2. To exercise your right of withdrawal, please notify us by email at admin@mywebgift.com with your order details, and we will provide instructions on how to proceed.
7.3. After the 14-day withdrawal period, no refunds or cancellations will be granted except as required by law.
7.4. The right of withdrawal is waived if the Gift Card is activated and delivered digitally with the consumer’s consent prior to the expiration of the withdrawal period.
7.5. MyWebGift reserves the right to cancel a gift card and provide a full refund to the End User in cases of fraud, misuse, or technical errors.
8. LIABILITY & LOSS
8.1. Neither the Platform nor the issuing Business Partner is responsible for lost, stolen, or incorrectly delivered Gift Cards if caused by an error in the email provided by the purchaser (End User).
8.2. Fraudulent Use: Any fraudulent or unlawful use of the Gift Card may result in immediate cancellation without refund or compensation.
9. PERSONAL DATA
9.1. MyWebGift processes the End User’s data as described in MyWebGift’s Privacy Notice https://mywebgift.com/privacy-notice/.
9.2. If the End User receives a Gift Card from the Platform, then for the purposes of sending the Gift Card to the End User, we are acting as that Business Partner’s data processor as we merely provide the Business Partner End User a technical solution for sending the Gift Card. The Business Partner should be considered as the data controller and is responsible for the legality of sending the Gift Cards.
9.3. Please note that if the Business Partner collects and/or processes any further information about the End User(s) participating in the Gift Card processing (or in the case of legal persons – their representatives), whether before or after concluding the Gift Card providing, the Business Partner is responsible for such processing as a data controller and their privacy notice applies.
10. INTELLECTUAL PROPERTY RIGHTS
10.1. The intellectual property rights (including copyrights and any related rights, database rights, and trademark rights) in and to the Website and the Services (including text, design, software, etc.) shall remain with MyWebGift and/or its licensors. Nothing in the General Terms should be read as transferring or licensing to the Business Partner or the End User or to any third party any such intellectual property rights unless expressly stated herein.
10.2. The Business Partner and the End User have the limited and non-exclusive right to use the Website and the Services for their intended purpose. Among other things, the Business Partner and the End User may not copy, modify, distribute, or publish any part of the Website and/or the Services.
10.3. By uploading any content to the Website (including the Materials), the Client and/or the User confirm that they have the right to upload such content to the Website and they do not violate any third party’s intellectual property rights in doing so. The Business Partner and/or the End User shall remain fully liable for and indemnify MyWebGift against any claims made regarding such uploaded content. The intellectual property rights in and to such uploaded content shall remain with the Business Partner and/or the End User and/or their licensors. The Business Partner and/or the End User shall, however, grant to MyWebGift a worldwide, transferable, and sub-licensable non-exclusive license to use, copy, modify, distribute, make publicly available, translate, and compile collections and databases of such content without any further consent, notice and/or compensation to anyone in order to provide the Website and the Services. The license is valid as of the moment of uploading such content on the Website until deletion thereof from the Website and any backups.
10.4. The Business Partner and the End User understand and agree that the intellectual property rights in and to such uploaded content shall remain with the Business Partner and/or the End User and/or their licensors who uploaded it and they may not use such content without the Business Partner’s and/or the End User’s prior consent, subject to their terms. The Business Partner and the End User may, however, download the Materials made available on the Website by MyWebGift for the limited purpose of using the Services. The Business Partner and the End User may not use such Materials for any business purposes, including to resell, disclose, distribute, publish, make available to third parties, or otherwise use or exploit such Materials.
10.5. Breach of this Section 10 shall be considered a material breach of the Contract, in which case MyWebGift may use the legal remedies stipulated in Section 11 below, as well as demand from the Business Partner a contractual penalty in the amount of EUR 1,000 per each breach, as well as any damages exceeding the contractual penalty. The Business Partner has the right to use legal remedies against the End User, should the End User breach any of the intellectual property rights after downloading the Materials provided to the Website with the Gift Card.
11. LEGAL REMEDIES OF MYWEBGIFT
11.1 If the Business Partner or the End User breaches the Contract or any applicable legislation, MyWebGift has the right to temporarily:
11.1.1. restrict the User’s access to the Services and/or the Account;
11.1.2. amend or delete the information and the content provided by the Business Partner on the Website;
11.1.3. block the Account.
11.2. If the Business Partner or the End User repeatedly and/or materially breaches the Contract and/or any applicable legislation, MyWebGift has the right to:
11.2.1. terminate the Contract and delete and/or close the Account;
11.2.2. delete or close the Gift Card(s)
11.3. In addition to the legal remedies above, MyWebGift has the right to use any other legal remedies under the applicable law, including, but not limited to, a claim for damages.
12. MODIFICATION OF TERMS
12.1. MyWebGift reserves the right at its sole discretion, to alter, modify, add, or remove (in this Section together – amend) parts of the General Terms at any point of time due to the development of the Website and the Services and their improvement or to create additional or better opportunities for End Users to use the platform.
12.2. The End User has the right not to use of the Platform if he/she/it does not accept such changes.
13. LIMITATION OF LIABILITY
13.1. Considering the limitations of liability stipulated herein, the parties can use all available legal remedies in case of breach of Contract by the other party.
13.2. MyWebGift’s liability is towards the Business Partner only. MyWebGift OÜ is not liable for causing any damages to any third parties in relation to providing the Services.
13.3. MyWebGift is not liable for the temporary interruption to the use of the Services on the Website due to maintenance or due to any other technical reasons, including but not limited to the interruption, stoppage, suspension of, or inaccessibility of the Services.
13.4. MyWebGift is not responsible for program errors, viruses, Trojans, etc. distributed or transmitted through the Website or using the Services.
13.5. MyWebGift is not liable for the non-functioning of Services or other violations caused by a circumstance reasonably beyond MyWebGift’s control, including, but not limited to, natural disaster, storm, fire, earthquake, explosion, flood, war, civil disturbance, rebellion, terrorism, lock-out or other job action, embargo, crime, weather and climate conditions, failure or inability of a third person to fulfill its obligations, power outage, any confiscation by a government or a government agency, their actual or potential measure.
13.6. MyWebGift is not liable for any of the disputes arising between the Business Partners or End Users in accordance with the execution of the Gift Card services or the conclusion of the services.
13.7. The End User shall compensate any expenses, losses, claims, pecuniary claims, and costs (including legal costs) directly or indirectly resulting from an infringement committed by the End User to MyWebGift, MyWebGift’s partners, or subcontractors of MyWebGift to provide the Services.
14. APPLICABLE LAW AND DISPUTE RESOLUTION
14.1. The Contract is governed by the laws of the Republic of Estonia.
14.2. Should a dispute arise, the parties will do their utmost to solve such disputes by mutual negotiations. Should the parties fail to reach to an agreement during such negotiations, the End User, who is considered a consumer, may take the matter to the Consumer Disputes Committee, ODR environment at http://ec.europa.eu/odr or Harju County Court (unless the natural person User has the right to turn to a court of residence).
14.3. If the respective End User or Business Partner is a legal entity or a private person operating in its economic or professional activities, or a person who after commencing the use of the Platform has settled in a foreign state or whose place of business, residence or location at the time of filing an action is unknown, the competent institution for settling the dispute shall be Harju County Court.
14.4. A natural person Business Partner, who is considered a consumer, will benefit from any mandatory provisions of the law of the country in which he/she is a resident. Nothing in the Contract, including this Section 14, affects the rights of a natural person as a consumer to rely on such mandatory provisions of local law.
15. COMMUNICATION
15.1. After a Gift Card purchase transaction, order notification emails will be sent to the Business Partner and the End User, which has ordered service details.
16. COMPLAINTS RESOLUTION UNDER ONLINE INTERMEDIATION SERVICES REGULATION
16.1. The End user has the right to lodge complaints to MyWebGift for resolution free of charge via the internal complaint handling system (hereinafter referred to as the “System”) of MyWebGift.
16.2. The System shall allow the End user to lodge complaints regarding any of the following issues:
16.2.1. alleged non-compliance by MyWebGift with any obligations laid down in law which affects the End User lodging the complainant;
16.2.2. technological issues in the services of MyWebGift which relate to the provision of online intermediation services, and which affect the complainant;
16.2.3. measures are taken by, or behavior of, MyWebGift which relate directly to the provision of the online intermediation services, and which affect the complaint.
16.3. All Complaints lodged under this chapter shall be forwarded to MyWebGift via e-mail to the following e-mail address: admin@mywebgift.com.
17. OTHER CONDITIONS
17.1. The original language of these General Terms is English. MyWebGift may make available other translations for convenience. In case of conflicts between the original English version and any translation, the English version shall prevail.
17.2. The General Terms and the Privacy Policy shall remain available to the End User at any time on the Website.
Valid from: 03.12.2024