DEFINITIONS
1. Issuer - the issuer of the Zagrywki gift card is Gravity Park Sp. z o.o., with its registered office in Warsaw, at 35 Goplańska Street, 02-954 Warsaw, entered into the Register of Entrepreneurs of the National Court Register (KRS) maintained by the District Court for the capital city of Warsaw in Warsaw, 12th Commercial Division of the National Court Register, under KRS number 0000514593, with the Tax Identification Number (NIP): 9512380720, and the share capital of PLN 5,000.
2. Gift Card - a single-purpose voucher within the meaning of Article 2, Section 41 and Section 43 of the Value Added Tax Act. Each Gift Card is a bearer voucher and entitles the User to purchase tickets to the Games from Zagrywki.
3. Games - activities subject to reservation at Zagrywki, excluding booths and tables. Games are understood to mean the following activities: Crazy Golf, Table Shuffleboard, Karaoke Rooms, and Beer Pong.
4. Purchaser – a natural or legal person or organizational unit without legal personality, but granted legal capacity by law, that purchases a gift card from Zagrywki in exchange for cash;
5. User – the Purchaser or any gift card holder using the gift card.
6. Zagrywki – Place of business of services provided by Gravity Park Sp. z o.o., address:
Zagrywki, Nowy Świat 4a, 00-497 Warsaw
GENERAL CONDITIONS
7. Gift Cards are sold for a variable amount specified by the Purchaser, no less than PLN 20. The Issuer reserves the right to change the Gift Card top-up limits at any time.
8. Gift Card amounts are expressed in Polish zloty. 9. The Gift Card is valid for 12 months from the date of purchase, unless the Parties agree otherwise.
10. The User is entitled to make and use reservations for Games using the Gift Card during its validity period. The expiration date is specified on the Gift Card.
11. The Gift Card cannot be reloaded with new funds and can only be reloaded once at the time of purchase.
12. The funds available on the Gift Card are not exchangeable for cash, in whole or in part, and are interest-free.
13. The Gift Card, as defined by applicable law, is not an electronic money instrument or a payment card.
14. Loading a Gift Card is subject to value added tax (VAT) within the meaning of the applicable tax regulations.
15. The Gift Card has the Zagrywek logo, a unique voucher code, a face value, and an expiration date. 16. The Gift Card User can check the validity period and balance (fund status) by contacting the Zagrywek hotline by email or phone or by visiting the store staff.
17. The Gift Card can be redeemed (purchase using the Gift Card) multiple times until all funds available on the Gift Card are exhausted or until its validity period expires.
18. Funds on Gift Cards cannot be combined, and only one Gift Card can be used per transaction.
19. The Gift Card is non-refundable. The terms of withdrawal are specified in the above Terms and Conditions.
20. The use of discount codes, bonus cards, gift vouchers, payment vouchers, etc. is excluded when purchasing a Gift Card. Payment for the Gift Card must correspond to its face value. 21. Prepaid cards can be purchased in-store at Zagrywki or by email, by contacting: [email protected].
22. After submitting their purchase request via email, the Buyer receives a survey in which the Issuer collects the necessary information (Buyer details, card value, invoice details) for purchasing the Gift Card, as well as the necessary consents and declarations. After completing the survey, the Buyer receives a Tpay payment link, and after paying, the Gift Card in electronic form and an invoice. Alternatively, payment can be made via bank transfer based on an invoice. In this case, after completing the survey, the Buyer receives an invoice, and after paying, the Gift Card in electronic form.
23. The payment link is active for a specified period. Failure to make payment within the link's validity period or within the time specified on the invoice will result in the order being canceled, unless the Buyer and the Issuer agree otherwise.
24. Regardless of the form in which it was issued, i.e., electronic or paper, a Gift Card can be redeemed when making a reservation for Games both online: https://zagrywki.pl/warszawa/ and in-store, according to the terms and conditions described in the above Terms and Conditions.
25. A Gift Card cannot be used to pay for the purchase of another Gift Card, for reservations of lounges and tables, for tokens, or for bar orders, and cannot be exchanged for another Gift Card.
26. A Gift Card can only be used to book Games defined in Section 3 of the above Terms and Conditions. 27. The Gift Card balance will be reduced by the amount equivalent to the reservation regardless of the booking method (in-store/online - via the website).
28. If the funds in the Gift Card account do not fully cover the price of the reserved Game, the User is obligated to cover the difference with their own funds, in the manner specified for the payment methods for the selected booking method (in-store/online - via the website).
29. Only Gift Cards that are active, valid, original (from the Issuer), undamaged (including those that allow for reading the voucher code) can be redeemed.
30. Gift Cards can be redeemed in-store at Zagrywka locations in paper form upon physical presentation of the original Gift Card to the seller. Gift Card rights cannot be exercised based on a copy, photo (including on a smartphone), saved number, etc. The condition for redeeming a Gift Card is the correct verification of the voucher code by the staff. 31. Gift Cards can be redeemed electronically at Zagrywki locations after being presented to the staff on the display of a mobile device or as a printout of the file in which the Gift Card was delivered to the Purchaser. Gift Card rights cannot be exercised based on a photo, saved number, etc. The condition for redeeming a Gift Card is the correct verification of the voucher code by the staff.
32. Payments using a Gift Card via the website are made by the User entering the Gift Card voucher code during the ordering process.
33. Pursuant to Section 29 of the Venue Regulations, admission tickets are non-refundable. 34. Payment by Gift Card on the website is only possible when making a reservation for a single Game. It is not possible to use a Gift Card when paying for Games added to the "basket."
35. For transactions made using a Gift Card, in matters not covered by these Regulations, the provisions of the Venue Regulations apply accordingly: https://zagrywki.pl/warszawa/regulamin/
RULES FOR WITHDRAWAL FROM THE ELECTRONIC GIFT CARD SALES AGREEMENT
36. Pursuant to the provisions of the Act of 30 May 2014 on Consumer Rights, if a Consumer (Individual Entrepreneur with Consumer Rights) purchases a Gift Card remotely (purchase via email - online), the Consumer has the right to withdraw from the agreement within 14 calendar days from the date of conclusion of the agreement, i.e., the date of payment. The declaration of withdrawal, a template of which is provided by the Issuer below in the Terms and Conditions (Appendix 1), should be submitted by email to: [email protected]. To meet the deadline, it is sufficient to send the declaration before its expiry. Only the Purchaser has the right to withdraw from the Gift Card sales agreement.
37. Pursuant to Art. Pursuant to Article 38 of the Act of 30 May 2014 on Consumer Rights, the right of withdrawal referred to in paragraph 1 does not apply, among others, in the case of a contract:
- the purchase of a gift card in-store at Zagrywki,
- the subject of which is a non-prefabricated item manufactured
according to the consumer's specifications or intended to meet their individual needs,
- if the performance of the service began with the consumer's express and prior consent before the expiry of the withdrawal period and after the entrepreneur informed them of the loss of the right of withdrawal, and they acknowledged this,
- for the provision of services, if the entrepreneur fully performed the service with the express consent of the consumer, who was informed before the commencement of the service that after the entrepreneur fulfilled the service, they would lose the right of withdrawal.
38. The buyer is not obliged to return the Gift Card – it will be deactivated once the funds are depleted or the expiry date has passed. 39. If the Purchaser withdraws from the Gift Card sales agreement, the Purchaser will receive a refund of the Card balance. The refund will be made using the same payment method used by the Purchaser to purchase the Gift Card, within 14 days of the date on which the Purchaser exercises their right to withdraw from the agreement. Settlements are made by the Issuer. Settlements for withdrawals from the Gift Card sales agreement are not processed in-store.
40. Gift Cards damaged beyond identification are not subject to return or exchange.
41. A Purchaser who withdraws from a remote Gift Card sales agreement will be notified of the deactivation of the Gift Card and the refundable balance.
ISSUER'S LIABILITY AND GIFT CARD COMPLAINTS
42. The Issuer is not liable for the use of a Gift Card by a person who has obtained it unlawfully, nor for the loss or damage of a Gift Card for reasons beyond the Issuer's control after it has been transferred to the Purchaser.
43. The User cannot submit a request to the Issuer to cancel, block, or issue a duplicate Gift Card.
44. In the event of loss or damage to a Gift Card, the User is not entitled to any claims against the Issuer.
45. A purchase transaction using a Gift Card by the User is considered valid, even if the User obtains possession of the Gift Card in an unauthorized manner. The Issuer does not verify the method by which the User acquired the Gift Card when redeeming the Gift Card. 46. If a User transfers a Gift Card to another User, the transferring User must inform the subsequent User that the Gift Card is subject to the Zagrywki Gift Card Terms and Conditions. 47. The Issuer has the right to refuse to redeem a Gift Card, in particular if: the Gift Card has expired; there are no funds on the Gift Card; there is a technical inability to redeem the Gift Card; the Gift Card is damaged in a way that prevents its identification or there is a suspicion of counterfeiting; its source cannot be verified and confirmed upon redemption; or there are doubts as to the legality and origin of the funds used to purchase the Gift Card; or there are doubts as to the identity of the Purchaser based on the information provided during the Gift Card ordering process. In the event of a refusal to redeem a Gift Card, the User has the right to file a complaint under the terms described in these Terms and Conditions.
48. The Issuer is liable for physical or legal defects, and for the conformity of the Gift Card with the sales contract under the warranty arising from Article 556 et seq. of the Act of 23 April 1964 – the Civil Code. The provisions of these Terms and Conditions do not limit the rights of consumers under generally applicable laws.
49. Any complaints related to the purchase or redemption of a Gift Card may be submitted by email to [email protected] or in writing at Zagrywki locations in Warsaw. A sample complaint form is provided by the Issuer below in the Terms and Conditions (Appendix 2).
50. In the complaint referred to in point 47, the User should provide: the Gift Card number (voucher code), their name and surname, the type and date of the reason for the complaint. In particularly justified and confirmed cases, if the use of the Gift Card during its validity period was impossible due to reasons beyond the User's control, the Issuer may approve the complaint by issuing a new Gift Card in place of the expired Gift Card.
51. Complaints will be reviewed within 14 days of their submission in accordance with these Terms and Conditions.
52. If the complaint is accepted and a refund is granted for the reservation of a Game purchased using a Gift Card, the User will receive a refund of the amount previously paid (debited) from the Gift Card. The refund can be made on a newly issued and topped-up Gift Card, and the refund amount will be equivalent to the amount paid using the Gift Card. Proof of purchase using the Gift Card is the basis for the refund. The seller determines whether a refund is possible in accordance with applicable law, regulations, and internal procedures.
PERSONAL DATA PROTECTION
53. The personal data of the Buyer or User of the Gift Card will be processed for the purposes of issuing and topping up the Gift Card, including the execution of the sales contract, issuing accounting documents, handling complaints, and – if consent has been given – for marketing purposes, including sending marketing communications. More details are provided in the privacy policy: https://zagrywki.pl/warszawa/polityka-prywatnosci/
54. Providing personal data is voluntary. Failure to provide personal data to the extent necessary to process the Gift Card will prevent its execution.
55. The Buyer or User providing data has the right to access, correct, and request deletion of their data.
56. Only authorized employees or associates of the Issuer providing services related to the handling of the processes indicated in point 50 and in the available privacy policy may be the recipients of the data. https://zagrywki.pl/warszawa/polityka-prywatnosci/
57. In the case of purchases via email, payment via the link is made via the Tpay online payment service, administered by Krajowy Integrator Płatności, a joint-stock company (hereinafter referred to as KIP or Administrator) with its registered office in Poznań, plac Andersa 3, 61-894 Poznań, entered into the National Court Register by the District Court Poznań – Nowe Miasto i Wilda in Poznań, 8th Division of the National Court Register under the KRS number: 0000412357, Tax Identification Number (NIP): 7773061579, National Business Registry Number (REGON): 300878437, share capital PLN 5,494,980.00 – fully paid up, a national payment institution issued by the Polish Financial Supervision Authority and registered in the Register of Payment Services under the number IP27/2014 and having the status of a settlement agent in accordance with the UUP. Tpay is supervised by the Polish Financial Supervision Authority.
58. Users can contact the Publisher electronically at: [email protected]
59. If the data subject has consented to data processing (legal basis: Article 6, paragraph 1, point a of the GDPR), the data is processed until the consent is withdrawn. In other cases, the data is processed for a period justified by the purpose (e.g., fulfilling the reservation, for the purpose of settling claims, or for tax purposes). The processing period depends on the possibility of establishing, pursuing, or defending claims, or when data retention is required for tax purposes.
60. Every data subject has the right to access, rectify, erase, or restrict the processing of their personal data, including the right to object to processing, as well as the right to data portability and to lodge a complaint with a supervisory authority.
FINAL PROVISIONS
61. In order to prevent abuse, the Issuer has the right to conduct an investigation if there are reasonable doubts as to the source of funds allocated for the purchase of a Gift Card, or if the source of the Card cannot be verified, or if doubts arise as to the identity of the Purchaser based on the data provided during the Card ordering process. This procedure may be used in particular for large-denomination Gift Cards ordered via email. Investigation may be conducted, in particular, to eliminate doubts as to the accuracy of the Purchaser's data, the purpose of purchasing the Gift Card, or the Purchaser's compliance with these Terms and Conditions. The Purchaser verification procedure may be carried out remotely. In the cases referred to in the preceding sentences, the Issuer reserves the right to refuse the redemption of a Gift Card under the terms described in point...
62. In matters not regulated by the Terms and Conditions, the provisions of generally applicable law shall apply.
63. These Terms and Conditions and all other provisions applicable at Zagrywki are available on-site and at: https://zagrywki.pl/warszawa/regulamin/
64. The Issuer reserves the right to amend the Terms and Conditions in the event of an important reason, understood as: a change in generally applicable provisions of law or a change in the interpretation of legal provisions by authorized bodies, or the issuance of binding recommendations or recommendations by competent bodies, affecting the content of the Terms and Conditions and resulting in the need to adapt it to such a change in provisions or their interpretation or recommendations and recommendations, removing ambiguities or interpretative doubts regarding the content of the Terms and Conditions, in particular those reported by Users, including the correction of obvious errors or typographical errors, expanding or changing existing functionalities of the Gift Card or adding new functionalities of the Card. Gift Card, User safety, including in particular the need to prevent abuse, changes due to technical or technological reasons (in particular as a result of updating the technical requirements necessary for the Gift Card processing process specified in the Terms and Conditions, or the introduction of progressive technical solutions in the Gift Card processing process), force majeure, understood as an external event beyond the control of the Issuer or Users, which could not have been foreseen at the date of publication and during the validity period of the Terms and Conditions or activation of the Gift Card, e.g., natural disasters, epidemics, strikes, war, extraordinary weather conditions that have consequences affecting the ability to purchase and redeem the Gift Card. 65. Any changes to the Terms and Conditions come into effect within 7 days of their publication on the website https://zagrywki.pl/warszawa/regulaminy. Changes to the Terms and Conditions do not affect the scope of rights acquired by Users.
