General terms and conditions for the issue and maintenance of gift vouchers
(public offer)
IP Apraksin A.A., hereinafter referred to as the "Issuer", acting on its own behalf, hereby offers to any competent natural person, hereinafter referred to as the "Certificate Holder", to confirm and accept these General Terms and Conditions for the issue and maintenance of Gift Certificates (hereinafter referred to as the "Agreement") under the terms and conditions set out below.
1. TERMS AND DEFINITIONS
1.1 For the purposes of this Agreement the following terms shall have the following meanings:
1.1.1 Gift Voucher (or Certificate) means a document evidencing the right of the holder of the Gift Voucher to receive from the issuer of the Gift Voucher, during the period of validity of the Gift Voucher, goods and/or services in accordance with the intended purpose of the Gift Voucher as determined by the issuer of the Gift Voucher, at a price determined in accordance with the terms and conditions of this Agreement, for a total amount within the nominal value of the Gift Voucher. The Gift Voucher shall be issued in the form of a plastic card with a unique thirteen-digit numerical code and a bar code for reading information on the transactions performed with the Gift Voucher.
1.1.2 The Certificate Holder is a natural person who is a party to the Contract and who holds the Gift Certificate at the time of its presentation to the Certificate Issuer.
1.1.3. Voucher Issuer - an individual entrepreneur specified in the details of the Gift Voucher who provides the Voucher Holder with goods sold in the Retail Stores and the Online Shop and/or services for a total amount within the Nominal Value of the Voucher.
1.1.4 The nominal value of the Certificate (or face value) is either a fixed amount of money stated on the Gift Certificate (fixed face value) or an amount of money stated on the cashier's cheque issued to the Certificate holder upon sale of the Gift Certificate, without taking into account any discount granted (free face value), within the limits of which the Certificate holder is entitled to purchase goods and/or services from the Certificate issuer during the validity period of the Certificate.
1.1.5 Certificate validity period - a period of time determined by the Certificate Issuer, starting from the moment of purchase (payment) of the Gift Voucher, during which the Certificate holder is entitled to present it to the Certificate Issuer in order to receive goods and/or services for a total amount within the nominal value of the Certificate. The validity period of the Gift Certificate may (but need not) be stated on the Gift Certificate. The validity period of the Gift Certificate shall be 365 days (1 year) from the date of sale of the Gift Certificate, unless otherwise specified by the Issuer. The validity period of the Gift Certificate may be verified at the cashier of the issuer's retail or service establishment.
2. SUBJECT MATTER OF THE AGREEMENT
2.1 The parties enter into this Agreement for the sale of goods by the Issuer to the Certificate holder and/or the provision of services by the Issuer to the Certificate holder during the validity period of the Gift Certificate for a total amount within the nominal value of the Certificate.
2.2 The Issuer (its agent) hands over the Gift Voucher to the Certificateholder as confirmation of the conclusion of the contract.
2.3 The Issuer is the owner of the Gift Certificate form.
2.4 The authority of the Issuer's representative to conclude this Agreement is based on the situation described in Article 182 of the Civil Code of the Russian Federation.
2.5. GIFT COUPONS ARE ACCEPTED FOR SERVICING IN THE FOLLOWING ORDER: Gift Vouchers are accepted for service at the BEST FRIENDS office.
2.6 The Issuer reserves the right to unilaterally change the list of commercial and/or service establishments where the Certificate holder is entitled to receive goods and/or services in accordance with the purpose of the Gift Certificate.
2.7 The Issuer reserves the right to unilaterally determine the assortment list of goods and/or services that the Certificate holder is entitled to receive from the Issuer using the Gift Certificate in accordance with the intended purpose of such Gift Certificate, including the introduction of various restrictions and exclusions from the assortment of goods and/or services presented in the shops/service facilities. The information about the goods/services that are not subject to realisation (sale) with the use of the Gift Voucher by the Gift Voucher Issuer will be brought to the attention of the Gift Voucher Holder directly in the trade/service facilities of the Gift Voucher Issuer. The amendments are available at +971 55 291 3691 or on the website http://www.bestfriends.diamonds.
3. DURATION OF THE AGREEMENT
3.1 The term of this Agreement shall commence on the day of sale (payment) of the Gift Certificate, but not earlier than two hours after the payment of the value of the Gift Certificate, unless otherwise specified by the Issuer, and shall end at 24:00 Moscow time (MSC) on the last day of the validity period of the Gift Certificate.
3.2 Payment of the Gift Certificate value and/or receipt of the Gift Certificate confirms that the Certificate holder is fully acquainted with all the terms and conditions of this Agreement and agrees to and accepts these terms and conditions without reservation.
3.3 After the expiry of the validity period of the Gift Certificate, no transactions will be conducted using the Gift Certificate and the unused balance will not be returned to the Certificate Holder or any other person authorised by the Certificate Holder.
4. SETTLEMENTS UNDER THIS AGREEMENT
4.1 The person purchasing the Gift Voucher shall pay to the Issuer or the Issuer's nominee, in cash and/or by bank card, the amount corresponding to the Nominal Value of the Gift Voucher.
4.2 The amount of the nominal value of the Gift Voucher is an advance payment for goods and/or services which the Issuer may sell and/or provide to the Gift Voucher holder in its shops and/or services in accordance with the purpose of the Gift Voucher as determined by the Issuer.
4.3 Payment for the Gift Certificate will be confirmed by bank cheque.
4.4 The cost of the goods and/or services that may be ordered/purchased by the Certificate holder shall be determined by the Issuer at the prices indicated on the price tags and in the price list at the time of the purchase of the goods or services by the Certificate holder in the relevant trading and/or service facility of the Issuer.
4.5 In cases determined by the Issuer, an additional discount on the price of the goods and/or services indicated on the price tags may be granted when paying for goods and/or services using the Gift Voucher.
4.6 Discounts on "BEST FRIENDS" discount cards are not granted when paying for goods and/or services using the Gift Voucher.
4.7 The Certificate holder is entitled to use the Gift Certificate more than once during its period of validity, whereby the Certificate holder is entitled to use the Gift Certificate to purchase goods and/or services from the Issuer for a total amount equal to the nominal value of the Certificate. If the total value of the goods and/or services purchased and/or ordered from the Issuer by the Certificate holder using the Gift Voucher is greater than the nominal value of the Gift Voucher, the Certificate holder is entitled to pay the difference in the nominal value of the goods/services or use another Gift Voucher of the same type from the relevant Issuer to pay the difference. In this case, the Certificate Holder will receive a single cashier's cheque when making the payment. In the event of a surcharge, the cost of the goods and/or services to be paid, including any discounts, shall be determined in accordance with the procedure established for goods and/or services purchased using a Gift Voucher. At the same time, no discounts on discount cards of the "BEST FRIENDS" network will be granted for the amount of the additional payment.
4.8 In order to purchase goods and/or services using the Gift Card, the Card Holder is obliged to inform the salesperson of the respective business or service establishment in advance of his/her intention to use the Gift Card.
5. REDEMPTION OF THE GIFT CERTIFICATE
5.1 The holder of the Gift Certificate may transfer his rights under this Agreement to another competent natural person simply by handing over the Gift Certificate.
5.2 The person to whom the Gift Certificate is transferred shall become the Certificate Holder with all the rights and obligations under this Agreement.
5.3 The former holder of the Gift Voucher is obliged to familiarise the new holder of the Gift Voucher with this Agreement when handing over the Gift Voucher. The Issuer shall not be liable for failure to comply with this condition. The Issuer does not verify the legality of the ownership of the Gift Voucher and is entitled to sell goods or provide services using the Gift Voucher to any person presenting the Gift Voucher.
5.4 The Certificate holder is responsible for the security of the Gift Certificate. In the event of loss of the Gift Certificate, mechanical and/or other damage to the Gift Certificate preventing its use, the Gift Certificate cannot be restored.
5.5 No refunds will be given for the money paid for the purchase of the Gift Certificate and/or the unused balance of the Gift Certificate, including in the event of loss/loss of the Gift Certificate, mechanical damage to the Gift Certificate preventing its use.
6. RIGHTS OF THE CERTIFICATE HOLDER UNDER THE AGREEMENT
6.1 By entering into this Agreement, the Certificate Holder shall have all rights under consumer protection laws.
6.2 The Certificate Holder acting as a consumer shall be entitled to make claims directly to the Issuer in the cases provided for by consumer protection legislation.
6.3 If the Issuer decides to refund the cost of the goods or services purchased with the Gift Voucher to the Certificate Holder in accordance with consumer protection legislation, the amount of the cost of such goods or services paid with the Gift Voucher shall be credited to the Certificate by the Issuer. In this case, if the validity period of the Certificate used to pay for the goods and/or services has not yet expired at the time of the above decision and the remaining validity period exceeds one month, the unused balance of the Certificate shall be increased by the amount of the value of the goods or services to be returned to the Certificate. If the validity of the Certificate has expired at the time of the decision or the remaining period of validity of the Certificate is less than one month, the validity of the Certificate shall be extended for thirty (30) days from the date of crediting the amount to be returned to the Certificate for the cost of the goods or services, taking into account the unused balance of funds on the unexpired Gift Certificate.
6.4 In case of liquidation of the Certificate issuer in accordance with the current legislation of the Russian Federation, the Certificate holder loses the right to receive goods and/or services from this issuer, unless otherwise provided by the internal acts of BEST FRIENDS.
6.5 The Certificate Holder consents in advance to the transfer of rights and obligations under this Agreement by the Certificate Issuer to any third party, provided that the Certificate Holder retains the right to receive from such third party all that it could receive from the Issuer.
7. OTHER CONDITIONS
7.1 The amount paid by the Certificateholder for the purchase of the Certificate shall not bear interest.
7.2 In the event that the Certificateholder causes damage to the Issuer, the Issuer shall be entitled to deduct its losses and penalties from the unused balance of the funds on the Gift Certificate.
7.3 Unilateral termination of this Agreement is allowed in the cases established by the legislation of the Russian Federation.