Terms and Conditions of Sale — Gift Cards and Vouchers
Article 1 — Preamble
These Terms and Conditions of Sale (hereinafter the "Terms of Sale") govern the sale of dematerialised gift cards and vouchers (hereinafter the "Gift Cards") via the FIDELIO platform.
They are published by FIDELIO APP, a simplified joint-stock company (SAS) with a share capital of 333 euros, registered with the Paris Trade and Companies Register (RCS) under number 983 417 924, with its registered office at 41 rue Aglophile Fradin, 86100 Châtellerault, France (hereinafter "FIDELIO").
FIDELIO acts as an intermediary distributor on behalf of partner issuing companies. The Gift Cards are issued by the Partner Retailers and distributed via the technical network of Pleibicom (hereinafter the "Supplier").
These Terms of Sale supplement the Terms of Use of the FIDELIO Platform. In the event of a conflict, these Terms of Sale shall prevail for all matters relating to the purchase and use of Gift Cards.
Article 2 — Definitions
In addition to the definitions set out in the Terms of Use, the following terms shall have the meanings set out below:
- Gift Card or Voucher: a dematerialised digital gift card of a specified face value in euros, issued by a Partner Retailer and redeemable at said retailer according to its own conditions.
- Customer: any User of the FIDELIO Platform who purchases a Gift Card.
- Partner Retailer or Issuer: the commercial company that issues the Gift Card and at which it is redeemable (in-store or on the retailer's website).
- Supplier: the company Pleibicom, which provides the technical distribution of Gift Cards via its distribution network (Buybox Network).
- Face Value: the amount, expressed in euros, of the Gift Card, corresponding to the purchasing power it confers.
Article 3 — Purpose
The purpose of these Terms of Sale is to define the conditions under which FIDELIO offers dematerialised Gift Cards for sale on its Platform, as well as the rights and obligations of the parties in this context.
The Customer acknowledges that FIDELIO acts as an intermediary distributor and that the obligation to provide the goods or services associated with the Gift Card lies exclusively with the issuing Partner Retailer.
Article 4 — Purchase Conditions
4.1 Eligibility
The purchase of Gift Cards is reserved for Users who hold an active Member Account on the FIDELIO Platform, in accordance with the Terms of Use.
The Customer must be a natural person of legal age (at least 18 years old) with full legal capacity.
4.2 Ordering process
The Customer selects the Partner Retailer and the desired Face Value from the options available on the Platform. Before the final validation of their order, the Customer is provided with a summary including:
- The Partner Retailer;
- The Face Value of the Gift Card;
- The price to be paid (including, where applicable, the cashback-related discount);
- The validity period of the Gift Card;
- The specific terms of use of the Partner Retailer.
The validation of the order by the Customer constitutes full and unconditional acceptance of these Terms of Sale as well as the specific terms of use of the Partner Retailer.
4.3 Accurate information
The Customer undertakes to provide accurate and truthful information. Non-compliance with this requirement may result in the cancellation of the order without refund, in accordance with the fraud prevention policy.
4.4 Review and fraud prevention
FIDELIO reserves the right to verify any order before its final validation and the delivery of the Gift Card. Such verification may relate to the Customer's identity, the validity of the payment method used, and the non-fraudulent nature of the order.
In the event of suspected fraud, abusive use, or abnormal behaviour (unusual multiple orders, disputed payment method, multiple accounts), FIDELIO reserves the right to:
- Suspend or cancel the order without notice;
- Temporarily or permanently block the Customer's access to Gift Card purchases;
- Report the suspicious activity to the relevant authorities.
No compensation shall be owed to the Customer in the event of order cancellation based on this clause.
Article 5 — Pricing and Payment Terms
5.1 Pricing
The price of the Gift Card corresponds to its Face Value. Prices are shown in euros, inclusive of all taxes (TTC). The purchase of Gift Cards is subject to billing at the VAT rate in effect on the date of purchase.
FIDELIO reserves the right to modify the face values offered and the associated cashback rates at any time, without notice. Changes do not apply to orders already validated.
5.2 Payment methods
The Customer may pay for their purchase using the following methods:
- FIDELIO Wallet: use of the available balance in the Member Account;
- Bank card: secure payment via the provider MangoPay S.A.
In the case of bank card payment, strong customer authentication (3D Secure) may be required in accordance with PSD2 regulations.
Article 6 — Delivery and Availability
As Gift Cards are dematerialised products, their delivery is carried out immediately after payment validation, by electronic means.
The Gift Card is made available in the Customer's personal area on the Platform ("My gift cards" section) and contains the information necessary for its use (code, card number, activation link, depending on the Partner Retailer).
The Customer is solely responsible for the preservation and confidentiality of their Gift Card information after it has been made available.
Article 7 — Validity and Expiration
Each Gift Card is subject to a validity period determined by the issuing Partner Retailer. This period is communicated to the Customer before the validation of their order and is indicated on the Gift Card itself.
The validity period varies depending on the Partner Retailers and may range from six (6) months to several years.
Upon expiration of the validity date, the Gift Card can no longer be used and no extension, exchange or refund will be possible. FIDELIO cannot intervene with the Partner Retailer to obtain a validity extension.
Gift Cards are generally for single use and lose their validity after being fully redeemed, unless otherwise specified by the Partner Retailer.
Article 8 — Gift Card Terms of Use
Gift Cards are redeemable in accordance with the specific conditions defined by each Partner Retailer, which can be consulted at the time of order.
In general:
- Gift Cards are redeemable in-store and/or online, according to the Partner Retailer's conditions;
- Gift Cards are not registered to a specific individual, unless otherwise stated;
- Gift Cards may be used for the purchase of products or services of the Partner Retailer, within the limits of its catalogue and conditions;
- Certain product or category exclusions may apply depending on the Partner Retailer.
Subject to compliance with their validity and use conditions, and unless otherwise specified by the Partner Retailer, Gift Cards may be combined with the cashback offered by FIDELIO Partners and with ongoing promotions at the Partner Retailer.
The Customer accepts the specific terms of use of the Partner Retailer at the time of order validation.
Article 9 — Non-refundability and Non-exchangeability
Gift Cards purchased on the FIDELIO Platform are neither refundable nor exchangeable.
Gift Cards cannot give rise to:
- Any refund, even partial;
- Any exchange for another Gift Card or a different product;
- Any replacement in the event of loss, theft or expiration of the validity date;
- Any credit on another Gift Card, a bank account, the Wallet or any other payment method.
The Gift Card does not constitute an electronic money instrument within the meaning of the French Monetary and Financial Code (Code monétaire et financier). It may under no circumstances be converted into cash.
Article 10 — Right of Withdrawal — Exclusion
In accordance with article L.221-28, 13° of the French Consumer Code (Code de la consommation), the right of withdrawal cannot be exercised for contracts for the supply of digital content not provided on a tangible medium, the performance of which has begun with the consumer's prior express agreement and express waiver of their right of withdrawal.
By validating their order, the Customer acknowledges and expressly accepts that:
- The Gift Card, as dematerialised digital content, is made available immediately after payment validation;
- They expressly request the immediate performance of the service before the expiration of the fourteen (14) day withdrawal period;
- They expressly waive their right of withdrawal.
Accordingly, no withdrawal request may be accepted after the Gift Card has been made available.
Article 11 — Cashback on Gift Cards
The purchase of certain Gift Cards may entitle the Customer to cashback, subject to the conditions in effect on the Platform at the time of purchase.
The applicable cashback rate is displayed on the relevant Gift Card listing. It may vary depending on the Partner Retailer and the Face Value chosen.
Cashback is credited to the Customer's Wallet after order validation. The conditions for use of the Wallet are governed by the Terms of Use.
Fidelio Prime Subscribers may benefit from enhanced cashback rates on Gift Cards, in accordance with the Fidelio Prime Terms and Conditions.
Article 12 — Loss, Theft and Malfunction
12.1 Loss and theft
Gift Cards cannot be exchanged or replaced in the event of loss, theft, fraudulent use by a third party, or disclosure of Gift Card information (code, card number).
The Customer is solely responsible for the security and confidentiality of the information relating to their Gift Cards.
12.2 Technical malfunction
In the event of a technical malfunction preventing the use of the Gift Card (unrecognised code, activation error), the Customer is invited to contact FIDELIO customer service at support@fidelio.app.
FIDELIO undertakes to relay the complaint to the Supplier and/or the Partner Retailer and to inform the Customer of the outcome as soon as possible.
Article 13 — Liability
13.1 Role of FIDELIO
FIDELIO acts as an intermediary distributor. As such:
- FIDELIO does not manufacture, issue or guarantee the Gift Cards;
- FIDELIO is not a party to the contract formed between the Customer and the Partner Retailer upon use of the Gift Card;
- The obligation to provide the goods or services associated with the Gift Card lies exclusively with the issuing Partner Retailer.
13.2 Limitation of liability
FIDELIO shall not be held liable for:
- The quality, conformity or availability of products and services offered by the Partner Retailers;
- Changes to the Gift Card terms of use by the Partner Retailers;
- The temporary or permanent unavailability of certain Partner Retailers or face values;
- The non-use of a Gift Card by the Customer before its expiration date;
- Any indirect damage resulting from the use or inability to use a Gift Card.
FIDELIO's liability is strictly limited to direct and proven damages and may not exceed the amount of the Gift Card concerned by the complaint.
13.3 Partner Retailer liability
Any dispute relating to products or services acquired using a Gift Card (quality, conformity, warranty, return, exchange) must be dealt with directly with the issuing Partner Retailer, in accordance with its own terms and conditions of sale.
Article 14 — Personal Data
The processing of personal data in connection with the purchase of Gift Cards is subject to FIDELIO's Privacy Policy.
Order data (order identifier, Partner Retailer, amount) is transmitted to the Supplier (Pleibicom) to the strict extent necessary for the issuance and delivery of the Gift Card.
Article 15 — Complaints and Mediation
Any complaint relating to the purchase of a Gift Card may be addressed to FIDELIO customer service: support@fidelio.app.
FIDELIO will endeavour to process the complaint within thirty (30) days.
In the event of an unresolved dispute, the Customer may use the consumer mediation service free of charge:
CNPM — MÉDIATION DE LA CONSOMMATION
27 avenue de la Libération — 42400 Saint-Chamond
https://www.cnpm-mediation-consommation.eu
European online dispute resolution platform: https://ec.europa.eu/consumers/odr.
Article 16 — Amendment of these Terms of Sale
FIDELIO reserves the right to amend these Terms of Sale at any time. Amendments apply to orders placed after their publication on the Platform.
Orders in progress at the time of amendment remain subject to the Terms of Sale in effect at the time of their validation.
Article 17 — Governing Law and Jurisdiction
These Terms of Sale are governed by French law.
In the event of a dispute not resolved by mediation, the consumer may bring proceedings before either the court of their place of residence or the court of FIDELIO's registered office, in accordance with articles R.631-3 et seq. of the French Consumer Code (Code de la consommation).
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