TERMS AND CONDITIONS (« T&C »)

This website is owned and operated by Goldberry Web ltd, an English Limited Company, registered with the England and Walles Trade and Companies Registry under company number no.13090305, having its registered office at 63-66 Hatton Garden, London, England, EC1N 8LE (« TopCartesCadeaux », or « we » or « us »).

1. Object

TopCartesCadeaux offers a gift card sales service at TopCartesCadeaux.com ("Site"), which businesses and individuals may, under their own responsibility, purchase as needed.

These T&Cs govern your access to and use of the Website and its Services. By using the Website, you unreservedly accept all of these terms and conditions.

By opening an account on the Website, you must tick a box, and confirm that you have read and accepted these T&Cs, which form a legally binding contract between you and TopCartesCadeaux.

Please read the following carefully. Do not use the Site if you do not agree to the C&G. We may update the C&G from time to time, and will notify you prior to posting the new version.

We may also change the structure and design of the Site, certain Services or content without notice to you, in order to improve your customer experience.

Definitions

In this document,

“Account” refers to the account that you must create to become a Member and have access to the Services available on the Site.

“Customer Area” is your personal and dedicated space, where you can access the Service.

“Applicable Laws” as the meaning ascribed to it in Section 16.

“Member” means any natural or legal person having an Account on the Website.

“Services” means all products, services, content, features, technologies or functions delivered by us via the Website.

2. Opening an account

A. Conditions

You must be 18 years or older. You must be 18 years or older to use our Services, which you must certify, if applicable, when opening an Account.

If applicable, you must have authority to bind the company you represent. You confirm that you have authority to bind any business or entity on whose behalf you use the Services, and that business or entity accepts these T&Cs.

B. Creating an Account

The Site allows Members to register and then receive discounts on many gift cards. You will not be able to receive discounts unless you register, nor will you be able to access the Storage unless you first create an Account and become a Member.

To create your Account, you have to complete the mandatory fields in the registration form (by giving your surname, first name, telephone and email) and we will send you a password via email. You must also have read and accepted these T&Cs and our Privacy Policy.

C. Accuracy of Account Information

You warrant that your Account contains accurate and true information, and that you will update it, as needed.

D. Password

You are responsible for keeping your Account password confidential. You agree to inform us if you become aware of any unauthorized use of your Account or a security breach, such as loss or theft of your login information.

3. Services

The Website is an online platform on which, as a Member:

• Vous pouvez créer un espace personnalisé sur le Site web, à partir duquel vous pouvez bénéficier de nombreuses réductions sur nos cartes cadeau.
• You can benefit from a telephone line specialized in our gift card sales service.
• You will also be able to communicate and exchange with TopCartesCadeaux by e-mail and chat.

4. Member Rules of Conduct on the Website

There are certain rules that apply to Members. When using our Website, you agree:

• not to infringe the rights and image of TopCartesCadeaux and its affiliates, such as its intellectual property rights;
• not to open an Account in the name of someone other than yourself;
• not to use any device, software or other element that may interfere with the proper functioning of the Site, or whose purpose is to destroy, interfere with, intercept or divert any system, data or personal information; and
• more generally, not to do anything that may be contrary to Applicable Laws, and the C&G.

5. Payment of Fees

To access the Services, you must pay the amount of the monthly subscription for Services (the « Subscription »), or only the amount of the trial offer, as described on the Website. The prices of Subscriptions are indicated on the Website, in euros (€) TTC (All taxes included) and they take into account the amount of VAT applicable on the day of the Subscription.

Any Subscription to the Services will continue for an indefinite period from the date of Subscription. A Subscription is cancellable at any time.

TopCartesCadeaux reserves the right to change the amount of the Subscription and of the trial offer. You will be informed of such change at least 10 days before the end of your Subscription period, and you will then have the freedom to not renew your Subscription.

The Subscription and trial offer are payable in advance, by direct debit to the payment method indicated on the Site. In the event of non-payment, TopCartesCadeaux will represent the payment and, in the event of further non-payment, may freely terminate the Services, without compensation, but without prejudice to its right to demand payment of the amounts due and any compensation it deems necessary.

6. Intellectual Property Rights

This Website is controlled and operated by TopCartesCadeaux and its affiliates.

Our proprietary software, and the contents on the Site, including but not limited to logos, trademarks, trade names, images, text, illustrations, audio files, video files, and the selection, coordination and combination of such elements, are protected by copyright, trademark law, and other intellectual or industrial property rights that are either owned by us or owned by others and for which we have obtained permission from them.

It is strictly prohibited to reproduce, copy, modify or otherwise manipulate any content on the Website, in whole or in part.

Any use or exploitation of the Website, and its content, not permitted by these T&Cs is strictly prohibited.

By becoming a Member, you are granted a non-exclusive, revocable, personal and non-transferable license to use the Site, for your own personal use, or that of the company you represent, and in accordance with the purpose of the Site.

The license granted to you will terminate in case of improper use of the Website and its contents.

7. Role of TopCartesCadeaux / Limitation of liability

Members act under their full and entire responsibility.

In particular, TopCartesCadeaux cannot be held responsible if a gift card does not produce the effect desired by the member, notably because of

• Incorrect information provided by the Member at the time of purchase of the gift card.
• A change in Applicable Laws, making the gift card inaccurate, misleading or illegal in whole or in part.

We are not responsible for the content or use of a gift card, for the lack of results obtained in relation to the expectations in the use of a gift card, for any damage caused by a gift card, for any indirect damage such as financial damage, operating loss or moral damage that a Member could claim as a result of his navigation on the Site or his use of the Services.

You agree to sue TopCartesCadeaux and its affiliates only for damages based on information provided by them. If you bring an action against any other person or entity other than TopCartesCadeaux or its affiliates, you hereby expressly waive any claim against TopCartesCadeaux in connection with such action.

8. Account suspension, restrictions of access and termination

You may terminate your contractual relationship with TopCartesCadeaux at any time by closing your Account in your Customer Area. The deletion will end immediately and your subscription will be automatically terminated.

If you fail to comply with your obligations under the C&G, or if we have good reason to believe that the security and integrity of TopCartesCadeaux, Members, or third parties are at risk, we reserve the right to immediately terminate the C&G binding you to TopCartesCadeaux and to close your Account

If necessary, you will be notified of such action to allow you to respond. TopCartesCadeaux may decide in its sole discretion to terminate the measures in place.

9. Personal Data

We collect and process some of your personal data. In using the Website and registering as a Member, you acknowledge and accept the processing of your personal data in accordance with our Privacy Policy.

10. Operation, availability and functionalities of the platform

We shall try as far as possible to maintain continued access to the Website. However, access to the Website or the use of certain features may be suspended or disrupted without notice, due to technical maintenance, migration, or updates, or owing to outages or constraints linked to the network or for other technical reasons.

We reserve the right to modify or suspend all or part of your access to the Website or its features, at our sole discretion, temporarily or permanently.

11. Hyperlinks

Our Website contains links to other websites. We do not control those websites and are not responsible for their content. By including these links, we are not endorsing the material on those websites or implying any association with their operators.

12. Modification of the T&Cs

These T&Cs and the documents integrated by reference express the entire agreement between you and TopCartesCadeaux relating to your use of the Website and the Services.

TopCartesCadeaux may modify these T&Cs to adapt to the technological and commercial environment, and to comply with Applicable Laws and the regulatory environment. Any modification to these T&Cs will be published on the Website with mention of the effective date, and you will be notified by TopCartesCadeaux before the changes take effect.

13. Right of withdrawal and refund policy

No refund request of a Subscription is permitted if received after the expiration of a period of fourteen (14) days from the first Subscription for the Services.

All refund requests before the expiration period of fourteen (14) days can be made by phone or email through our customer support department. The Customer Support department will answer you within 48 hours, and the refunds will be processed within 72 hours.

No request for reimbursement may be received after the expiration of a period of fourteen (14) days from the subscription of the Services.

14. Applicable Laws and dispute resolution

These T&Cs are governed and construed in accordance with the laws of England & Wales, without prejudice to the application of specific rules related to (i) the general principles of conflict of laws, and (ii) rules of public policy protecting the consumer of the country from which you have access to the Services (the « Applicable Laws »).

If the dispute cannot be settled by mediation, you agree to submit all disputes to the jurisdiction of courts of England & Wales.

TopCartesCadeaux shall also retain the right to bring proceedings depending on the nature of the dispute, in the courts of the country of your residence or, where these T&Cs are entered into in the course of your trade or profession, in the country of your principal place of business

TopCartesCadeaux also reserves the right to initiate, depending on the nature of the dispute, proceedings in your country of residence or, if you have entered into the C&G in the course of a trade or profession, in your principal country of operation.

15. Effective Date

26/03/2021