ISSUING AND PURCHASING WITH GIFT CERTIFICATES
GENERAL CONDITIONS FOR GIFT CERTIFICATES
Used words, terms and abbreviations
For the purposes of these General Terms and Conditions, the following words, terms and abbreviations have the following meaning:
Voucher – an instrument with a fixed term of validity issued by E.Miroglio ЕАD inpaper form, with attached fiscal/system receipt with which full or partial payment of a commodity with the trademark DIKA® can be made from commercial establishments registered under the name of E.Miroglio EAD. The voucher under these General Terms and Conditions is a voucher for a specific purpose within the meaning of§1, item 89 of the Additional Provisions of the VAT Law.
DIKA® – trademark for commodities and services registered under the name of E.Miroglio EAD
E.Miroglio EAD is the trading company E.Miroglio EAD with UIC 119603547
IASMTA – an integrated automated system for management of the trading activity, registered under the name of E.Miroglio EAD
User – an adult person who submits the voucher as a payment or part of a payment of a commodity with the trademark DIKA®
Bearer – holder/owner of a voucher issued by E.Miroglio EAD
System receipt – a receipt issued by the integrated automated system for management of the trading activity, registered under the name of E.Miroglio EAD
Value – the amount in BGN indicated on the fiscal/system receipt attached to the voucher
Commodity – an article with the trademark DIKA®, intended for free sale in commercial establishments registered under the name of E.Miroglio ЕАD
Commercial establishment – a place on the territory of the Republic of Bulgaria for carrying out commercial activity for the sale of commodity with the trademark DIKA®
Sales assistant – a person occupied in a particular commercial establishment who, by virtue of a contract with E.Miroglio EAD, is entitled to carry out commercial transactions for the sale of commodity at the commercial establishment
Service – any act intended to be freely offered in a commercial establishment, which has a value and is different form a commodity, from money in circulation, from foreign currency, from the issuance, use and validity of the voucher
Fiscal receipt – a fiscal receipt issued by a fiscal device registered under the name of E.Miroglio EAD
FD – a fiscal device registered under the name of E.Miroglio EAD
I. General
1. These General Terms and Conditions constitute an agreement between E.Miroglio EAD and the users in relation to the right of the user to use a valid voucher issued by E.Miroglio EAD in commercial establishments registered under the name of E.Miroglio EAD.
2. By purchasing a voucher, the user accepts and undertakes to comply with these General Terms and Conditions.
3. For the purposes of these General Conditions, a valid voucher is the voucher:
1. which is designated as a voucher and is intended for payment of a commodity with the trademark DIKA® in commercial establishments registered under the name of E.Miroglio EAD
2. which was issued by E.Miroglio EAD
3. which is intact
4. which is legible
5. to which is attached a legible fiscal/system receipt issued by FD/IASMTA, registered under the name of E.Miroglio ЕАD
6. for which, as of the date of submission to the commercial establishment, have not expired 3 (three) months from the date indicated as the date of issuance of the fiscal/system receipt issued by FD/IASMTA, registered under the name of E.Miroglio ЕАD
4. E.Miroglio EAD reserves the right to amend, supplement, change, cancel or terminate the General Terms and Conditions and the commodity to which they apply, subject to the requirements of the applicable legislation. The current General Terms and Conditions shall be posted on the website:http://www.dika.bg.
II. Voucher - value, validity, possession, title, essence
1. Vouchers are issued for a value of BGN 50.00, BGN 80.00 or BGN 100.00 according to the customer's wishes.There is no limit in the number of vouchers which can be purchased by one customer.
2. Vouchers are issued with serial numbers.
3. The validity of each voucher is 3 (three) months from the date indicated as the date of issuance of the fiscal/system receipt issued by FD/IASMTA, registered under the name of E.Miroglio ЕАD.
4. The validity of the voucher can not be changed.
5. A voucher is not a security but an instrument to be accepted against payment of goods (§1, item 89 of the Additional Provisions of the VAT Law). It can not be exchanged for money, currency or securities; it can not serve as collateral or to be provided as a guarantee. Therefore, if the value of the voucher is higher than the value of a commodity chosen by the bearer, the difference in the amounts is not refundable, and for that difference the voucher bearer may choose another commodity.
6. The voucher holder is the bearer of the voucher and the rights deriving thereof.
7. The voucher may not belong to more than one person.
8. A physical medium (paper document), designated as a “Voucher” but without a fiscal/system receipt attached, issued by FD/IASMTA, registered under the name of E.Miroglio ЕАD, as well as a fiscal/system receipt, issued by FD/IASMTA, registered under the name of E.Miroglio ЕАD, without a physical medium (paper document), designated as a “Voucher”,does not constitute a voucher within the meaning of these General Terms and Conditions.
9. Sales assistants, commercial agents, staff responsible for making sales of commodity or services at a commercial establishment are entitled to review, check, accept, refuse to accept vouchers as payment, in whole or in part, up to the amount of the value indicated in the voucher when the voucher submitted is not valid.
III. Issuing and using the voucher
1. The voucher is acquired against payment in cash and/or by a debit/credit card at a POS terminal in commercial establishments registered on the territory of the Republic of Bulgaria under the name of E.Miroglio EAD.
2. The voucher does not guarantee the availability of commodity, models, availability and/or sizes of a particular kind of commodity with the trademark DIKA®.
3. Against the amount paid in cash or and/or by a debit/credit card at a POS terminal, E.Miroglio EAD shall issue a fiscal/system receipt from the FD/IASMTA, which shall be attached to the physical medium (the paper document), designated as voucher.
4. If there is a discrepancy between the amount indicated in the document designated as a voucher and in the attached fiscal/system receipt, the amount indicated in the fiscal/systemic receipt shall be considered valid.
5. In view of its purpose to be used for payment in whole or in part of the value of a commodity with the trademark DIKA®, the voucher must be submitted in the relevant commercial establishment where the commodity is purchased.
6. The voucher may be used only once until the expiry of its validity.
7. It is not allowed the voucher to be used by the bearer for obtaining the amount paid to acquire the voucher in accordance with the attached fiscal/system receipt issued by FD/IASMTA, registered under the name of E.Miroglio ЕАD.
8. When the voucher is used for payment in full or in part upon the acquisition of a commodity, the voucher shall be handed over to the sales assistant who has sold the commodity. A copy of the voucher shall not be issued and shall not be provided to the person who has used it for payment.
9. The voucher may not be used to purchase a commodity with the trademark DIKA® under a distance contract, at a distance or transit sale, including for sale on/via an electronic communications network, including Internet.
10. The voucher may not be used for the purchase of commodity outside the commercial establishments, registered under the name of E.Miroglio EAD.
11. The voucher shall be accepted for the full value specified in the fiscal/system receipt attached to it, for the full or partial payment of the value of the commodity chosen by the bearer.
12. The voucher may be used to acquire more than one commodity with the trademark DIKA®.
13. If the value of the commodity is not completely covered by the voucher, the difference shall be paid by the bearer (user).
14. For a commodity acquired against an accepted voucher, the same terms of liability for defects, claims, substitutions and returns shall apply as for any other item sold in the store.
15. When the purchase is worth less than the value of the voucher, the difference shall not be refunded in cash. For the difference, the user has the right to choose one or more commodities with the trademark DIKA® to pay with the remainder of the voucher's value. The provisions of these General Terms and Conditions shall apply to the payment/payment in addition.
IV. Privacy policy
1. Upon issuing and/or using the voucher, personal data of the person who has purchased or used the voucher is not provided, processed or stored. Nevertheless, E.Miroglio EAD is responsible for the administration, processing, storage and use of all personal data provided by users when collected under a statutory or administrative act.
2. Personal data that E.Miroglio EAD receives shall be used only for the purpose of servicing vouchers. E.Miroglio EAD assures that this data shall not be provided to or used by third parties for purposes other than the above stated.
V. Copyright. Intellectual property rights
1. Design, combinations of colors, texts and images used on the vouchers are subject of copyright of E.Miroglio EAD.
2. The trademark DIKA® used on the voucher is owned by E.Miroglio EAD. By acquiring the voucher, E.Miroglio EAD does not assign and does not grant to the bearer any right to use the trademark or any of its parts or elements.
3. The bearer of the voucher can not use the trademark DIKA® for public exposure or presentation.
VI. Limitation of liability
1. "E.Miroglio" EAD shall not be liable for a voucher, which after its purchase has been lost, stolen and/or damaged. The same applies to the fiscal/system receipt issued when the voucher has been purchased and being an integral part thereof.
2. E.Miroglio EAD shall not replace lost, stolen or damaged vouchers.
3. E.Miroglio EAD shall not verify the bona fide acquisition of the voucher and the legitimation of its bearer, unless such a requirement arises from a law.
4. A purchased voucher can not be returned.
VII. Contact details and customer service
Trader information
E.MIROGLIO ЕАD, UIC 119603547, with registered office and address of management: Industrial zone, 8800 Sliven, tel.: 02/4521752, e-mail: Nora.Evtimova@emiroglio.com, legal representative Gaetano Rimini.
Link to the commission for consumer protection https://kzp.bg
Link for alternative consumer dispute resolution http://ec.europa.eu/odr
Link for filing a complaint https://kzp.bg/elektronna-forma-za-podavane-na-zhalba-signal