E-gift Card Terms of Use

Introduction

Tylko S.A., having its registered office in Warsaw at ul. Czerska 8/10, 00-732 Warsaw, entered in the register of entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register, under KRS number: 0000983931, with share capital of PLN 848,614.00 paid in full, NIP: 1132882374, REGON: 360163795, is the issuer of the Tylko Gift Card and the owner of the online sales service available at www.tylko.com.

In case of any questions or doubts, please contact us via the contact form available at: https://tylko.com/pl-pl/contact. We also encourage you to contact us via WhatsApp. A direct link to the chat is available on our website.

Definitions

For the purposes of these Gift Card Terms and Conditions, the following definitions shall apply:

  1. Seller – Tylko S.A., having its registered office in Warsaw at ul. Czerska 8/10, 00-732 Warsaw, entered in the register of entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register, under KRS number: 0000983931, with share capital of PLN 848,614 paid in full, NIP: 1132882374, REGON: 360163795.

  2. Gift Card or E-Gift Card – an electronic voucher/instrument, the value of which is equal to the nominal value of the Gift Card, issued to bearer and entitling its holder to redeem it in the Store, meaning that the Seller is obliged to accept it as payment or part-payment for the supply of goods and services offered in the Store, i.e. Products. The Gift Card constitutes a multi-purpose voucher, or MPV, within the meaning of the Polish Act of 11 March 2004 on Goods and Services Tax, Council Directive 2006/112/EC on the common system of value added tax, and the relevant legal acts applicable in Norway, Switzerland and the United Kingdom. The Gift Card is issued in electronic form by the Seller and sent by email to the email address indicated by the Buyer in the form of an alphanumeric code of up to 16 characters, which constitutes the only element necessary to redeem the Gift Card in the Store.

  3. Account – a virtual set of resources and rights assigned to a specific Customer who has completed full registration in the Store, used to place Orders while logged into the Account, and containing the history of orders and returns made by the Customer, information about purchased Gift Cards, and subscriptions.

  4. Buyer – a natural person, legal person or organisational unit without legal personality to which the law grants legal capacity, who has purchased a Gift Card from the Seller.

  5. Gift Card Terms and Conditions – this set of provisions and rules governing the purchase and use of the Gift Card.

  6. Store – the online sales service for Products and Gift Cards operated by the Seller and available to Customers at www.tylko.com.

  7. Product – goods or services included in the Seller's range offered for purchase in the Store, subject to goods and services tax, or value added tax, at the rate applicable in the territory of the country of delivery.

  8. Sales Agreement – an agreement for the sale of a Gift Card by the Seller to the Buyer, against payment of the price increased by any additional fees, in particular delivery costs. The Sales Agreement is concluded between the Buyer and the Seller using means of distance communication, at the moment when the Buyer receives the relevant email from the Seller, sent to the email address indicated in the Order.

  9. Customer – a natural person with full legal capacity, as well as a legal person or organisational unit without legal personality to which the law grants legal capacity, making purchases in the Store using a Gift Card.

  10. Order – the Customer's declaration of intent expressing a direct will to conclude a Sales Agreement for a Gift Card, submitted using means of distance communication, specifying the type of Gift Card for which the Customer makes an offer to conclude the Sales Agreement and containing the Customer's personal data necessary for the possible conclusion and performance of the Sales Agreement.

  11. BNPL – a deferred payment system, also known as the "buy now, pay later" model, which enables the Customer to make a purchase without immediate payment, with the payment deadline deferred to a later date agreed with the payment operator.

The Gift Card Terms and Conditions set out the general terms of use of Gift Cards issued and distributed by the Seller. In matters not regulated herein, the Store Terms and Conditions available at www.tylko.com shall apply.

General Provisions

  1. The Gift Card may be used exclusively to purchase goods and services offered by Tylko S.A. through the online store at www.tylko.com. The Gift Card may not be used to make payments to any third parties, including on marketplace-type platforms, or outside the Tylko sales network.

  2. The Gift Card may not be exchanged for cash, either in whole or in part. It is not an electronic payment instrument, electronic money instrument or payment card, does not constitute a payment account or electronic money, and is not a payment instrument within the meaning of the Polish Act of 19 August 2011 on Payment Services. Pursuant to Article 6 point 11 letter a) of that Act, the provisions of that Act do not apply to the activity of issuing and servicing Gift Cards, as these are payment instruments used within a limited network of acceptance. Funds held on the Gift Card do not accrue interest.

  3. The Gift Card constitutes a payment instrument used within a limited network of acceptance within the meaning of Article 3(k)(i) of Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services, or PSD2. Consequently, the services provided by the Seller under these Terms and Conditions benefit from the exclusion provided for in that provision and are not subject to the detailed PSD2 requirements concerning payment services.

  4. Gift Cards are available in selected denominations indicated in the Online Store, whereby the Purchaser may also specify the value of the Gift Card individually, to the extent permitted by the Seller. The value of the Gift Card constitutes a gross amount expressed in the currency applicable to the country for which the version of the Online Store available to the Purchaser at the time of placing the Order is intended, and does not include the costs of its delivery.

  5. The Seller does not verify how the Customer came into possession of the Gift Card. Therefore, a purchase transaction made by the Customer using the Gift Card shall be deemed valid even if the Customer came into possession of the Gift Card without authorisation, subject to section 7 below.

  6. A Buyer who transfers a Gift Card to a third party should inform that person that the Gift Card is subject to the Gift Card Terms and Conditions.

  7. The Seller is not liable for Gift Cards lost after they have been issued. A lost Gift Card cannot be blocked. The Seller shall be liable if the inability to use the Gift Card results from reasons attributable to the Seller. In such a situation, the Customer should contact the Seller in order to obtain assistance.

  8. The Seller makes every effort to ensure the uninterrupted operation of Gift Cards. However, the Seller reserves the right to temporarily suspend the possibility of redeeming Gift Cards in the event of a failure or technical upgrade of the infrastructure necessary for the use of Gift Cards.

  9. The Seller is entitled to refuse to accept payment by Gift Card if: the Seller has received reliable information that the Customer came into possession of the Gift Card unlawfully; the Seller has a justified suspicion that the Gift Card has been altered without the Seller's authorisation or has been forged; the Seller determines that the Customer's actions bear the characteristics of abuse of rights.

Purchase of the Gift Card

  1. The Gift Card is purchased on the basis of the provisions of the Store Terms and Conditions, in the same manner as other products available in the Store, unless the provisions of these Gift Card Terms and Conditions provide otherwise.

  2. The sale of the Gift Card is documented by a sales confirmation in the form of an email containing the Gift Card.

  3. When ordering or purchasing a Gift Card, the use of any discount codes, discounts or any other rebates that could reduce its purchase value is excluded.

  4. The Gift Card is issued subject to the conclusion of the Sales Agreement.

  5. Payment for the Gift Card may be made using the payment methods available in the Cart, excluding deferred payment systems, or BNPL. Payment is made in accordance with the provisions of the Store Terms and Conditions available at www.tylko.com.

  6. The electronic Gift Card is sent to the email address indicated in the Order.

Rules for using the Gift Card

  1. Creating an Account in the Store is not required in order to redeem the Gift Card in the Store.

  2. In order to make a payment using the Gift Card in the Store, the number provided on the Gift Card must be entered in the dedicated "Gift Card code" field, or a similar field, when placing an Order in the Store, and then confirmed by pressing the "Apply" button. The value of the purchase will be automatically reduced by the amount available on the Gift Card.

  3. The Gift Card is a single-use card. If the value of the Order paid for with the Gift Card is lower than the nominal value of the Card, the Seller shall, at the Customer's request sent to [email protected], issue a new Gift Card for an amount equal to the difference between the nominal value of the used Gift Card and the amount of the completed Order within 3 business days from the date of submitting the request. The new Gift Card shall be sent to the email address to which the Gift Card used to conclude the Sales Agreement was delivered. The new Gift Card shall have the same expiry date as the Gift Card used to conclude the Sales Agreement.

  4. A Customer who redeems a Gift Card, in whole or in part, when paying for an Order may not use deferred payment systems, or BNPL.

  5. If the funds on the Gift Card are insufficient to pay for the Order, the Customer is obliged to pay the difference using one of the available payment methods. At the same time, only one Gift Card may be used for a single Order, in accordance with section 6 below.

  6. When making purchases in the Store, the Customer may use several Gift Cards to make payment.

  7. The Gift Card is valid for 12 months from the date of its purchase. The Gift Card is automatically activated at the moment of purchase. After the expiry of its validity period, the Gift Card is automatically deactivated. A Customer who holds a deactivated Gift Card with unused funds has the right to apply to the Seller for its reactivation for another period of 12 months. The request may be submitted via the contact form referred to in the introduction to these Terms and Conditions. The Seller shall reactivate the Card within 14 days of receiving the request.

  8. In the case of an Order that was paid for with a Gift Card and then cancelled or returned, whether due to the Customer exercising the right of withdrawal from the agreement or due to an upheld complaint, the Customer shall receive another Gift Card issued in the same currency as the Gift Card used for payment, with a value corresponding to the amount charged to the Gift Card used to pay for that Order, expressed in the currency in which that Card was issued, using the same exchange rate as was applied at the time of its redemption. The value of the new Gift Card may not exceed the amount originally charged to the Gift Card, expressed in the currency in which it was issued. The amount corresponding to the part of the Order paid for using another payment method shall be refunded using the same payment method used when placing the Order. This section does not apply in the event of withdrawal from the Sales Agreement for Products under the rules set out in Section VI.4.

  9. The Gift Card may be combined with discounts, promotions and vouchers available in the Store at the time of placing the Order, unless the terms of a given promotion provide otherwise.

  10. The Customer may make purchases using the Gift Card both in the currency in which the Card was issued and in another currency supported by the Store. Where the transaction currency differs from the currency in which the Gift Card was issued, its nominal value shall be converted into the transaction currency according to the average foreign exchange rate of the National Bank of Poland (Table A) in effect on the date the Gift Card was purchased. Information on the conversion mechanism and how the rate is determined is made available to the Customer in the Gift Card Terms and Conditions prior to conclusion of the agreement. Information on the conversion rate applied is available to the Customer upon request – the Customer may obtain it by contacting the Store's customer service via the contact form available on the Store's website. The exchange rate determined in accordance with this point shall also apply to all subsequent conversions relating to that Gift Card, in particular to refunds made pursuant to point IV.8 of the Terms and Conditions. Refunds arising from withdrawal from the agreement or an accepted complaint shall be made exclusively in the currency in which the Gift Card was issued, and the value of a new Gift Card issued as part of such a refund may not exceed the nominal value of the original Gift Card expressed in its currency of issue. The fixed-conversion-rate rule shall not apply to refunds carried out under the terms set out in § VI. 4.

  11. The Customer may use the Gift Card to purchase Products with delivery to a selected country, including a country other than the Customer's country of residence or temporary stay, after reviewing the delivery terms available in the Store.

  12. The Gift Card entitles the holder to make purchases exclusively in the online store available at www.tylko.com and may not be used in the Seller's physical points of sale, including showrooms.

Complaints

  1. Complaints related to the Gift Card should be submitted to the Seller at the following address: TYLKO S.A., ul. Czerska 8/10, 00-732 Warsaw, or by email at [email protected].

  2. A complaint should include: the first name and surname of the person submitting the complaint; information on whether the person submitting the complaint holds the Gift Card (if so, the card number should be provided); a description of the situation giving rise to the complaint.

  3. The complaint procedure shall last 14 days from the date on which the complaint is received. A response to the complaint shall be provided in the same form in which the complaint was submitted, unless the parties expressly agree on another form of communication. If the complaint is rejected, the Seller shall notify the Customer or Buyer submitting the complaint and provide the reasons for the decision.

  4. If the data or information provided in the complaint requires supplementation, before considering the complaint, the Seller shall request the Customer or Buyer submitting the complaint to supplement it to the specified extent.

  5. After a complaint is submitted, the Gift Card to which the complaint relates shall be deactivated.

  6. If the complaint is upheld, the Seller shall issue a new Gift Card with a value equal to the funds accumulated on the Gift Card to which the complaint relates. The validity period of the Gift Card shall be at least equal to the validity period applicable to the Gift Card to which the complaint relates, extended by the period of its deactivation.

  7. If the complaint is rejected, the Seller shall reactivate the Gift Card to which the complaint relates. After the Card is reactivated, the value of the funds accumulated on the Gift Card to which the complaint relates shall be equal to the value of the funds held on it on the date the complaint was submitted. The validity period of that Gift Card shall be extended by the period of its deactivation.

Withdrawal from the Sales Agreement

  1. A Buyer who is a consumer has the right to withdraw from the Sales Agreement for the purchase of a Gift Card within 14 days from the date of delivery of the email containing the electronic Card, provided that the funds accumulated on the Gift Card have not been used before the expiry of the above 14-day period. The Seller verifies whether the Gift Card that the Buyer wishes to return is active, meaning that it has not been fully used.

  2. In order to meet the withdrawal deadline, it is sufficient to send a withdrawal statement to the following address: ul. Czerska 8/10, 00-732 Warsaw, or to [email protected].

  3. In the event of effective withdrawal from the Sales Agreement, the Gift Card shall be deactivated. The Seller shall refund to the Buyer the funds held on the Gift Card no later than within 14 days from the date of receipt of the withdrawal statement. The refund shall be made by the Seller using the same payment methods as those used by the Buyer, unless the Buyer has expressly agreed to another refund method.

  4. In the event of withdrawal from the Sales Agreement for a Product or Products purchased in whole or in part using a Gift Card, the purchase price of all Products retained by the Buyer shall be paid first using the Gift Card and, to the extent exceeding the value of the Gift Card, using the other payment methods used when placing the Order. The refund for returned Products may be made in the form of a new Gift Card issued in the transaction currency, with a value corresponding to the price of the returned Products. The value of the new Gift Card is not limited to the nominal value of the Gift Card used for the original purchase. The use of this refund method requires the Customer's express and active consent, given by ticking the appropriate checkbox in the return form. If the Customer does not give the consent referred to in the paragraph above, the refund shall be made using the original payment method, in accordance with Article 13(1) of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, Article 32(2) of the Polish Act of 30 May 2014 on Consumer Rights, with respect to transactions carried out in the territory of the Republic of Poland, and the relevant provisions applicable in the jurisdiction competent for the place of delivery of the Product.

  5. The new Gift Card shall retain a validity period corresponding to the validity period of the Gift Card used to make the purchase.

  6. Detailed provisions concerning withdrawal from the Sales Agreement are set out in the Store Terms and Conditions available at www.tylko.com.

Personal Data

  1. Any personal data provided in connection with placing an Order, concluding the Sales Agreement and using Gift Cards shall be processed by the Seller on the same terms as personal data processed in connection with the purchase of other products offered at www.tylko.com. In this context, the Seller is the controller of the personal data.

  2. The controller does not require Customers to provide their personal data until the Customer redeems the Gift Card.

  3. More information on the processing of personal data, including the rights of the data subject, can be found in the Privacy Policy and Cookies Policy available at https://tylko.com/pl-pl/privacy_policy/the-basis-and-purpose-of-personal-data-processing.

Final provisions

  1. The Seller reserves the right to amend the Gift Card Terms and Conditions for important reasons. Important reasons shall be understood in particular as changes to the functionality of Gift Cards, changes to the technical solutions applied, including the procedure for using Gift Cards, changes in legal provisions, interpretations or practices of public authorities, and changes to the Store Terms and Conditions, but only to the extent necessary to align both sets of terms and conditions with each other. Gift Cards purchased before an amendment to the Gift Card Terms and Conditions shall be subject to the version of the Gift Card Terms and Conditions in force at the time of purchase of the Gift Card.

  2. The Seller shall notify the Customer of any amendments to the Gift Card Terms and Conditions by publishing the amended Gift Card Terms and Conditions on the Store website and by publishing additional information on the Store website.

  3. If the Seller suspends or terminates the possibility of purchasing Gift Cards, Customers or Buyers of Gift Cards purchased by the date of suspension or termination of sale shall be able to redeem them on the previous terms.

  4. These Terms and Conditions take effect on 15th of July 2026.

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