PUBLIC OFFER AGREEMENT
The parties to this agreement (hereinafter referred to as the «Agreement») are: Limited Liability Company «GHIFTCARD» (hereinafter referred to as the «Mediator»), which is the administrator of the e-commerce system «Giftcard.md» (hereinafter referred to as the «System»), a legal and eligible person or entity that in the System has acquired a gift certificate or (directly or through a gift voucher purchased by oneself or the third party) a gift card (hereinafter referred to as the «Buyer») and person or entity which provide services specified in the System (hereinafter referred to as the «Supplier» or «Service Supplier»).
1.
AGREEMENT SCOPE
1.1. This Agreement is a public offer in accordance with Article 681 of the Civil Code of the Republic of Moldova, Law on Electronic Commerce No. 284 of 22.07.2004 and regulates relations between the Mediator, the Buyer and the Supplier (hereinafter referred to as the «Parties»), related to the terms of the purchase, the order of delivery and payment of the gift voucher and/or gift card, as well as the order and terms of the services specified in the gift card.
1.2. By this Agreement, the Mediator agrees that it will transfer to the Buyer, the gift voucher and/or gift card purchased by him, and the Buyer undertakes to pay the Cost of a gift voucher or a gift card to the Mediator in the manner prescribed by this Agreement and use the service specified in the gift card, and the Supplier undertakes to provide this service.
1.3. In the gift card (hereinafter referred to as the «Card») is indicated the reservation code (hereinafter referred to as the «Reservation Code»), upon activation of which (having paid the amount indicated in the Card), the Buyer has the right to demand the provision of the service specified in the Card during the validity of the Card, and undertakes to use this service in the manner prescribed by this Agreement. The activated Reservation Code is the only document confirming the order and payment for the service specified in the Card.
1.4. A gift voucher (hereinafter referred to as the «Voucher») is a document that grants the Buyer the right to purchase distributed in the System Cards or Card for the amount indicated in the Voucher and during the validity of the Voucher.
1.5. The parties confirm that they understand: the Mediator doesn’t provide the services specified in the Cards himself, but only distributes them in the System. The Buyer and the Supplier agree that they enter into an electronic contract for the provision of services through the site of the Mediator, which belongs to him under the right of ownership. The services specified in the Cards independently provide the Service Supplier specified in the System and/or Cards. Only the Service Supplier is responsible for its quality, content and compliance with the regulatory acts in force in the Republic of Moldova.
1.6. The Buyer confirms that he knows that the Service Supplier may, before providing the service specified in the Card, ask to sign an additional agreement and /or contract that are related to the terms of the service and don’t contradict them. The Buyer knows that if he refuses to sign the agreement and/or contract referred to in this clause of the Agreement, Service Supplier may refuse to provide the service specified in the Card. In this case, the Buyer doesn’t have back money or Voucher for which the Card was purchased.
1.7. The Buyer confirms that he has become fully acquainted with the description of the service purchased by him indicated in the Card and distributed in the System, as well as with all these additional requirements (including, but not limited to age or weight restrictions) that apply to the Buyer. The Buyer knows that Service Supplier may refuse to provide the service specified in the Card to a person who doesn’t meet the requirements put forward for the provision of the service. In this case, the Buyer doesn’t have back money or Voucher for which the Card was purchased.
1.8. The Buyer knows that Service Supplier may refuse to provide the service specified in the Card if the provision of the service in this particular case may pose a threat to the life or health of the Buyer or may cause other harm. In addition, the Buyer understands that there may be some services that can be used only in a certain season, or their provision may depend on other circumstances.
1.9. Some of the services offered in the System may be life and health hazards. By purchasing the Card, the Buyer confirms that he knows all the threats to the health and life named in the System related to the services for which he purchased this Card
2.
PRICE OF VOUCHERS AND/OR CARDS, THE PROCEDURE OF THEIR PURCHASE AND PAYMENT
2.1. The terms of this Agreement are applicable if the Cards and/or Vouchers are purchased in the electronic trading system «GIFTCARD» on the Internet at www.giftcard.md.
2.2. The Cost (price) of the Cards and/or Vouchers is indicated in the System. The Cost of each Card is indicated separately – together with the description of the service.
2.3. When purchasing a Voucher and/or Card, the Buyer must:
2.3.1. Fill in the order form (hereinafter referred to as «Order Form»);
2.3.2. Pay for the Voucher and/or Card and make additional payments if in this particular case such are provided, following the instructions given in the System.
2.4. The Buyer has the right to choose the payment method and pay for the purchased Card and/or Voucher:
2.4.1. Electronic payment via WebMoney;
2.4.2. Cash in the Mediator’s office or at the time of delivery;
2.4.3. With the help of a Voucher (Vouchers) – in case of the Card purchase;
2.4.4. By transfer from the bank card to the account of the Mediator;
2.4.5. By making a bank transfer to the account of the Mediator.
2.5. In the case when the amount, specified in the Voucher or several Vouchers, isn’t sufficient for the Buyer to purchase the selected Card, he has the right to pay the missing part of the price with money under the provisions of this Agreement. In this case, it is considered that the Card was acquired by Vouchers.
2.6. The Buyer confirms that he understands and doesn’t object to if the Card is acquired by Voucher (Vouchers), and if the value of the Card is less than the value of the Voucher (Vouchers), the difference in the amount of money to the Buyer isn’t returned and/or in any other way isn’t compensated.
2.7. The Buyer confirms that he understands and doesn’t object to that according to the terms of the Agreement, the purchased Card and/or Voucher (Vouchers) cannot be returned to the Mediator or the Service Supplier, and paid money not be returned, except for cases of withdrawal of an offer or an acceptance provided for in clauses 3.3-3.5. contained herein.
3.
EFFECTIVE DATE
3.1. The Buyer and the Service Supplier confirm that before entry into this Agreement they carefully read the terms of the Agreement and fully agree with them.
3.2. The Buyer and the Service Supplier are aware that the Agreement shall come into effect from the moment when the Buyer, following the instructions given in the System, accepts this offer by tick to a line: « I read and understood the terms of the public offer (the rules of purchase through the site www.giftcard.md), and I enter into this Agreement». Thus, the Buyer and the Service Supplier enter into Agreement for the provision of services using the services of the Mediator.
3.3. The Mediator on behalf of the Service Supplier undertakes to confirm the acceptance or withdraw the offer within 24 hours from the receipt of the acceptance from the Buyer, by sending confirmation to the Buyer’s e-mail address mentioned in the Order Form. In case of non-confirmation of the acceptance by the Mediator, the offer is considered withdrawn.
3.4. The Service Supplier has the right to withdraw the offer before confirming the acceptance to the Buyer, having notified the Mediator about it. The withdrawal of the offer is made by sending by the Mediator an electronic notification to the Buyer about the withdrawal.
3.5. The Buyer has the right to withdraw the acceptance of the offer if the notice of withdrawal was received by the Mediator until the Buyer receives the confirmation of the acceptance sent by the Mediator in accordance with paragraph 3.3.
4.
CARD & VOUCHER DELIVERY
4.1. The Card and/or the Voucher at the choice of the Buyer can be delivered:
4.1.1. by courier service to the address of the Buyer indicated in the Order Form. In this case, the delivery time will depend on the conditions of the courier service provider. About the prices for courier service the Buyer is clearly and unequivocally informed in the Mediator’s System (www.giftcard.md);
4.1.2. immediately after the conclusion of the Agreement by e-mail (e-Gift) to the e-mail address of the Buyer indicated in the Order Form.
5.
VALIDITY PERIOD AND TERMS OF USE OF THE CARD AND/OR VOUCHER
5.1. According to the terms of the Agreement, the Card purchased by the Buyer is valid 12 (twelve) months from the date of conclusion of the Agreement (with some exceptions mentioned in the Agreement). This term is written on the Card (see: Validity Period of the Reservation Code) or Voucher (see: Validity Period).
5.1.1. Conditions for extending the validity of the Card and/or Voucher. If the validity period of the Buyer’s Card or Voucher expires in accordance with Clause 5.1. of the Agreement, then within 30 (thirty) calendar days after such expiry of time-limit the Buyer has the right once to extend the validity period for another 12 (twelve) months, but only in accordance with the following terms and conditions:
a) The service mentioned in the Card is still available and/or will be available during the renewal period;
b) The price of the service mentioned in the Card remains unchanged;
c) Within 30 (thirty) calendar days after the expiry of validity period of the Card or Voucher, the Buyer must pay the Mediator a renewal amount of 20% of the current service cost mentioned in the gift Card or Voucher.
5.2. A Card with a service that can be provided only at certain time of year or under certain climatic conditions (hereinafter referred to as «Seasonal Service»), is valid only at this time of the year or under these climatic conditions, but not longer than the period established in the Card (see: Validity Period of the Reservation Code).
5.3. The validity period of the Card, acquired by the Voucher, is determined by the validity of the Voucher and indicated in the Card acquired in this way.
5.4. The validity of the Card acquired for several Vouchers is determined by the shortest validity of the Voucher and indicated in the new Card.
5.5. The validity period of the Card in which the Seasonal Service is indicated and which is purchased for one or more Vouchers is indicated in the Card acquired in this way, and it is determined taking into account the duration of season necessary to provide the service specified in the Card or certain climatic conditions.
5.6. The Buyer confirms that he clearly understands that:
5.6.1. The period specified in the Card and/or the Voucher cannot be extended and/or renewed, with the exception of case indicated in paragraph 5.1.1. Agreement herein.
5.6.2. If the Buyer doesn’t use the Card and/or the Voucher within a specified period of validity, it will be considered that the Buyer doesn’t wish to receive the service, in which case the Buyer’s money will not be returned.
5.7. The Buyer confirms that: he knows that the time and date of the service supply specified in the Card are determined based on the Reservation Conditions indicated by the Mediator. Essential Reservation Conditions: in order to receive the service, the Cardholder needs (i) to contact the Service Supplier at the telephone number indicated on the Card, by e-mail or by other indicated contact method and, (ii) indicating the Reservation Code and the Validity Period, make a reservation, (iii) obtain confirmation of the reservation and additional information, and (iv) arrive at the indicated place and time. The Buyer clearly understands that if he doesn’t arrive at the indicated place and time, this is considered a violation of these Essential Reservation Conditions, and the money for the Card isn’t returned, as it is considered to be a penalty, and the Сost of the Card isn’t compensated in any other way.
5.8. The Buyer understands and agrees that the time of service supply purchased by the Buyer may be longer than indicated. The Buyer will know about the exact duration of the service directly from the Service Supplier.
- RIGHTS AND OBLIGATIONS OF THE PARTIES
6.1. The buyer has the right:
6.1.1. to demand the Mediator the proper performance of the obligations provided for in the Agreement relating to the acquisition of the Card or the Voucher;
6.1.2. to demand the Supplier the proper performance of the obligations provided for in the Agreement relating to the supply of purchased services.
6.2. The buyer is obliged:
6.2.1. at the conclusion of the Agreement to provide all the data requested by the Mediator;
6.2.2. when he delegates rights established in the Agreement to a third party – to ensure and guarantee that the person to whom these rights are delegated will properly perform the duties provided for in the Agreement;
6.2.3. for the service to come to the Service Supplier at the place and time agreed with the Service Supplier.
6.3. The Mediator has the right:
6.3.1. to refuse to enter into Agreement with the Buyer if incorrect, inaccurate or false information is provided at the time of its conclusion, or if not all of the requested data are provided.
6.4. The Supplier shall:
6.4.1. ensure proper observance of the Reservation Conditions and provide the Buyer with the service specified in the Card, not later than within 30 (thirty) calendar days from the date of his first request, in the manner prescribed in the Reservation Conditions, to the extent that this depends on the circumstances that the Supplier may affect;
6.4.2. to provide the Buyer with a service, in strict accordance with the description specified in this Agreement at the time of its conclusion.
7.
TERMS OF DATA PROVIDING
7.1. At the time of filling in the Order Form the Buyer must provide complete and true data requested by the System.
7.2. If the Buyer, upon concluding the Agreement, provided incorrect, inaccurate or false information, or provided not all the requested data, the risk for non-fulfillment of the Agreement or improper fulfillment thereof is taken by the Buyer, so in this case, the Mediator isn’t responsible for the proper implementation of the Agreement.
7.3. The Buyer shall provide the Mediator with the right to use the provided data to the extent necessary for the implementation of the Agreement. This right is valid until the end of the service specified in the Card, or before the expiration of the Card (Voucher).
7.4. If the Buyer has given consent (expressed consent, having marked a corresponding line in the System), the Mediator has the right to use the data provided by the Buyer to send the Buyer information about the novelties and sales of the System, as well as other information addressed to the Buyer.
7.5. The Mediator undertakes to respect the confidentiality and protection requirements of data provided by the Buyer when concluding the Agreement.
8.
LIABILITY OF THE PARTIES
8.1. For non-fulfillment or improper fulfillment of obligations, the Parties take responsibility in accordance with the current legislation of the Republic of Moldova.
8.2. The buyer is responsible for ensuring that the data he provides when entering into the Agreement are accurate and complete.
8.3. The Mediator and the Supplier don’t guarantee the possibility of providing the service specified in the Card on a specific day chosen by the Buyer.
8.4. The Mediator shall not be liable for the proper performance of the Agreement in so far as it is related to the fault of the Buyer, if he provided incorrect, inaccurate or false data during the conclusion of the Agreement, or provided not all the requested data.
8.5. The Mediator shall not be liable for any harm caused during the provision of the service specified in the Card or in connection therewith. The Buyer confirms that he knows: all the responsibility that is connected with the provision of the service is taken by its Suppliers.
8.6. Complaints related to purchased Cards and/or Vouchers, the Buyer must address to the Mediator by sending them to the e-mail address: giftcard.md@gmail.com, or in written format to the address for correspondence of the Mediator, and complaints related to the received service should be sent to the address of the Service Supplier in writing.
In case that the Buyer was unable to resolve the conflict with the Supplier on its own, or if the Buyer has any additional complaints or ambiguities, the Buyer has the right to file a claim with the Supplier, by sending it to the e-mail address: giftcard.md@gmail.com, or in written format to the address for correspondence of the Mediator.
The Mediator, within the limits of his capabilities, will contact the Service Supplier, find out the causes of the problem, and make a fierce effort to find a positive solution to the problem.
Answers to the submitted claims of the Buyer must be provided by the Mediator and the Service Supplier in the manner specified in the current regulatory acts of the Republic of Moldova.
8.7. The Mediator and the Service Supplier aren’t responsible for the lost or stolen Voucher and/or Card, and for damage caused to the Buyer as a result of this. The Buyer is fully responsible for the safety of the received Voucher and/or Card, as well as for their transfer to third parties, or for the transfer of related information.
8.8. The Parties aren’t liable for failure to fulfill their obligations in the event that the obligations aren’t fulfilled due to force majeure circumstances. Force majeure circumstances are those circumstances the occurrence or consequences of which couldn’t be known to the Parties at the time of the occurrence of the obligation or if the Parties couldn’t prevent the occurrence of force majeure circumstances or eliminate their consequences.
A Party can invoke force majeure circumstances only if it has taken all measures necessary to fulfill its obligations provided for in this Agreement. After the force majeure circumstances have been eliminated, the Party is obliged to continue to fulfill its contractual obligations as soon as practicable.
8.9. All information, including images, placed in the System, is the exclusive property of the Mediator or used in accordance with the particular consent of the work’s author, including, but not limited to, the consent of the Service Supplier.
Any copying, distribution, transfer, placement or modification of the System in another way is prohibited without the prior consent of the Mediator.
9.
PRIVACY POLICY
9.1. The Mediator undertakes to keep it a secret and not to disclose to third parties the data provided by the Buyer in the Order Form with the exception of third parties providing services, if necessary, in order to ensure the proper and timely provision of the service specified in the Card. These obligations aren’t applicable if disclosure of the Buyer’s data is necessary in accordance with the current legislation of the Republic of Moldova.
10.
OTHER CONDITIONS
10.1. The Parties are clearly aware that in the event that the Buyer transfers its rights under the Agreement to a third party, the terms of this Agreement are also binding on him.
10.2. The concluded Agreements for further viewing on the home page aren’t saved.
10.3. The Parties undertake to send all letters, messages and other documents to each other by e-mail or to provide in writing, when necessary in accordance with the Agreement.
The Buyer’s requisite details are provided in the Order Form, the requisite details of the Supplier are indicated in the System and/or Voucher and/or Card, the requisite details of the Mediator are listed below:
SRL «GHIFTCARD»
Location: mun. Chisinau, Blvd. Decebal, 80\1
IDNO: 1016600016388
IBAN: MD05VI022240800000145MDL
BC «Victoriabank» SA, fil.Nr.8
Phone: +373 22 994 991;
E-mail: giftcard.md@gmail.com
10.4. All disagreements related to the implementation of the Agreement, the Parties undertake to resolve through negotiations. If disputes or disagreements arising as a result of the performance of the Agreement aren’t resolved by negotiations within 30 (thirty) calendar days after handing a written application, they shall be settled to the court for resolution in the order established by the current legislation of the Republic of Moldova. The Parties determined that the place of performance of this Agreement is mun. Chisinau, Republic of Moldova (Article 39 part (11) of the Civil Procedure Code of the Republic of Moldova).
10.5. The Mediator has the right to unilaterally amend the Agreement at its discretion. Changes in the Agreement come into force when they are published in the System. Thus, the Buyer is obliged to review this Agreement before concluding each next Agreement. Changes to this Agreement don’t apply to those Agreements that have been concluded between the Buyer, the Mediator and the Supplier before the relevant amendments come into force.