General terms and conditions

Article 1. Definitions

In these general terms and conditions, the following definitions will have this meaning:

1. Supplier: kisard.com

2. Customer: the party who enters into a contract with the supplier, places an order with the supplier or to which the supplier has submitted an offer to which these general conditions apply. The customer can only be a natural person who does not act in the context of a profession. Orders placed by companies or commercial operators (business2business client: “b2b”) will not be considered.

3. Products and activities: all activities or products for which an order has been placed or which are performed or delivered by the supplier to another account in connection with the contract or quote.

4. Documents: all elements made available to the supplier by the customer, including: documentation, information, materials or data carriers, as well as all elements, including documents, produced by the supplier in the context of the execution of the order.

5. General conditions: the terms and conditions governing all agreements between customer and supplier.

6. Contract or order: any agreement between customer and supplier, according to the contractual provisions and / or the order confirmation.

7. Parties: kisard.com and the customer jointly.

8. Kisard is the service that allows the purchase of gift cards.

Article 2. Applicability

1. These general conditions apply to all quotes, offers, activities, orders, contracts and deliveries of services or products by or on behalf of kisard.com.

2. Any exceptions to these general conditions are valid only if expressly agreed in writing by both parties. General conditions other than these or other conditions and other terms of the customer are not valid. Their applicability is expressly rejected by the provider.

3. In the event of nullity or cancellation of any provision of these general conditions, the other provisions contained in these general conditions will remain valid for all purposes. The supplier and the customer must consult with each other in order to agree on new provisions, replacing those that are void or canceled, respecting as much as possible the purpose and meaning of the invalid or canceled provision, as the case may be. If the interpretation or content of one or more provisions of these general conditions is not clear, it / and must / must be interpreted "in the spirit" of these general conditions. Situations not governed by these general conditions must be evaluated "in the spirit" of these general conditions.

4. If the supplier does not always demand strict compliance with these general conditions, this does not mean that these provisions are not applicable, or that the supplier loses the right to demand strict compliance in other cases, to the extent that he deems appropriate.

5. The supplier has the right to modify or supplement these general conditions. Minor changes can be made at any time. Major substantial changes must be agreed (in advance) with the customer.

6. The contract is valid as soon as the acceptance of the offer by the customer has reached the supplier. By accepting the offer, the customer declares to accept the application of these general terms and conditions and, if necessary, to renounce to consider their general terms and conditions applicable. Acceptance takes place after payment of the product or products in question.

7. If the acceptance is subject to reservations or modifications with respect to the offer or the estimate, the contract, contrary to the provisions of the previous paragraph, will be concluded only if the supplier has communicated to the customer that he accepts these conditions which differ from the offer.

Article 3. Activities

1. The supplier sells digital products via the Internet: by way of example but not limited to, codes to top up credit in services such as Google Play, Spotify or iTunes. After payment, the customer immediately receives a code that can be redeemed at the service in question.

Article 4. Discounts and offers

1. The supplier can take advantage of discounts and offers, in which case the validity period is always indicated. This time frame may include so-called "discount codes" (paid or unpaid). These discount codes are valid, specifically, for a period of one year; if they are not used within the specified period, their refundability and validity will expire.

Article 5. Contract

1. The contract becomes effective after payment by the customer.

2. The contract is concluded for each single payment.

3. If a deadline has been agreed or specified for the execution of certain services or for the delivery of certain products, it will never be a mandatory deadline. If a deadline is exceeded, the customer is required to notify the supplier in writing of the non-compliance. The supplier must be given a reasonable time to perform the contract.

Article 6. Confirmation and acceptance of the order

1. The contract is concluded as soon as the customer has ordered and paid for the products via the online shop.

2. The supplier reserves the right, without giving reasons, to refuse to enter into a contract.

3. Any notification made under the concluded contract will be made available to the other party in writing, in an email sent to the address indicated in the order.

4. The supplier is not bound by verbal agreements if these have not been confirmed in writing by the supplier.

Article 7. Modification of the order

1. If during the execution of the contract changes or additions should be necessary, the parties will proceed to amend the contract in good time and in concert.

2. The supplier may refuse a request for modification or integration of the contract or for withdrawal from the contract without being in default, if this would have consequences in qualitative and / or quantitative terms, for example for the products to be delivered in this context.

3. In the event of an error in the release procedure of the purchased products, the supplier encounters a technical problem, will provide a full refund of the non-payable products. This refund will be agreed with the customer by email to the address provided by the customer during the order.

Article 8. Reflection period and right of withdrawal

1. An order that has already been placed cannot be canceled. The 14-day cooling-off and withdrawal periods are not applicable due to the digital nature of the delivered products. Therefore, there is no period of reflection or withdrawal. The customer then accepts a direct delivery of the product after payment (both before and after) and explicitly waives the cooling-off period and the right of revocation.

2. The reason for the derogation from the right of withdrawal is the impossibility of returning a product because it cannot be ascertained whether it has already been used. After all, these are digital products whose seal is broken immediately after delivery. The nature of digital products makes it impossible to apply any period of reflection and the right of withdrawal, except in the event of late payment. If so, the code has not yet been sent and the product may still be revoked. If this occurs, the customer will bear the burden of proof.

Article 9. Delivery of orders

1. Under no circumstances will the supplier be liable for any delay in the delivery of the products, except in cases of willful misconduct or gross negligence. The customer guarantees the delivery of a working product code, in the absence of which a new code will be delivered (free of charge). The proof of the code malfunction is the responsibility of the customer.

Article 10. Suspension and dissolution

1. The supplier has the right to declare any contractual obligation towards the dissolved customer without taking legal action if:
· The client is declared bankrupt;
· The customer requests a temporary suspension of payments;
· The court accepted the request of the client, a natural person, to declare the debt restructuring applicable;
The customer loses the right to dispose of his assets or parts thereof due to foreclosure, protection or in any other way;
· Or if the customer is manifestly unable to meet his financial obligations.

2. Upon termination of the contract, the mutual claims become immediately due. The customer is liable for damage suffered by the supplier.

3. If the supplier has reason to doubt the creditworthiness of the customer, he has the right to postpone the delivery of the products until the customer has presented a guarantee for payment. The customer is responsible for direct and indirect damages suffered by the supplier due to such delay in delivery.

Article 11. Payment and collection costs

1. Unless expressly agreed otherwise, payment can be made with any of the methods offered on Kisard.

2. Any financial transaction can be withheld if there is a suspicion of a financial risk. If no request is submitted by the buyer within 30 days, the transaction in question will be considered expired. The buyer can submit a claim for compensation for the transaction via the email address support@kisard.com

Article 12. Complaint procedure

1. Complaints relating to the services performed must be communicated to the supplier, indicating the reasons, within 7 days from the event that gave rise to the complaint, or within 7 days from the delivery of the products, via the email address support@kisard.com, through the which we will try to provide a reply within 48 hours (on working days). Once the aforementioned terms have elapsed, the service performed will be deemed accepted by the customer.

2. In the event of a well-founded complaint, the supplier has the option of repairing the defect which is the subject of the complaint. If this is not possible, the supplier is required to change the amount paid in proportion to the complaint.

Article 13. Confidentiality

1. The supplier is obliged to keep all information concerning the customer confidential.

Article 14. Force majeure

1. The supplier is not obliged to fulfill any contractual obligation towards the customer if he is hindered by a circumstance not attributable to fault and for which he is not liable under the law, a legal act or a generally accepted practice.

2. In these general conditions, force majeure includes, in addition to what is intended in this sense by law and jurisprudence, also all external causes, foreseen or unforeseen, on which the supplier has no influence, but as a result of which the supplier does not is able to fulfill its obligations (e.g. Internet malfunctions, payment service interruptions, etc.)

3. In case of force majeure, the customer is obliged to immediately inform the supplier in writing, stating the cause of the force majeure.

4. The supplier has the right to invoke force majeure if the circumstances that prevent the (further) performance of the contract occur in a period of time after that in which the supplier should have fulfilled its obligation.

5. The supplier has the right to suspend its contractual obligations for the duration of the force majeure.

6. Following notification of force majeure by the supplier, the customer has the right to cancel the order by communicating it in writing.

Article 15. Liability

1. The supplier's liability is limited to damages that can be considered an immediate and obvious consequence of non-fulfillment or defective fulfillment, all limited to the amount covered by the supplier's insurance policy. If in any case the damage is not covered or paid by the insurance company, the liability will be limited to the amount of payment for the order.

2. The supplier is never liable for indirect damages. For indirect damages we mean: consequential damages; loss of profit; loss of earnings; lack of savings; damage due to commercial or other stagnation.

3. The supplier will in no case be liable for damages resulting from the non-execution of services performed by third parties or from the supply of goods by third parties.

4. The limitations of liability contained in these terms and conditions do not apply if the damage is due to willful misconduct or gross negligence on the part of the supplier and / or its subordinates.

5. The provider is not liable under any circumstances if the customer's website disconnects for any reason or if any website malfunction occurs which causes damage to the customer.