DEFINITIONS
1. Issuer – the issuer of the Zagrywki’s gift card is Gravity Park Sp. z o.o. with its registered office in Warsaw, at ul. Goplańska 35, 02-954 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, 12th Commercial Division of the National Court Register, under KRS number 0000514593, with NIP number: 9512380720 and share capital of PLN 5,000.
2. Gift Card - a single-purpose voucher within the meaning of Article 2(41) and (43) of the Goods and Services Tax Act. Each Gift Card is a bearer voucher and entitles the User to purchase admission tickets to the Games from Zagrywki.
3. Games – activities subject to reservation at Zagrywki, excluding lounges 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 an organisational unit that does not have legal personality but is granted legal capacity by law, which purchases a Gift Card from Zagrywki in exchange for cash;
5. User – the Purchaser or any holder of a gift card who uses the gift card.
6. Zagrywki – the place where services are provided by Gravity Park Sp. z o.o. address:
Zagrywki, Nowy Świat 4a, 00-497 in Warsaw
GENERAL TERMS AND CONDITIONS
7. The Gift Card is sold for a variable amount specified by the Purchaser, not less than PLN 20. The Issuer reserves the right to change the limits on the amount that can be loaded onto the Gift Card at any time.
8. Gift Card amounts are expressed in Polish zlotys.
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 book and use previously booked Games with the Gift Card during its period of validity. The expiry date is specified on the Gift Card.
11. The Gift Card cannot be recharged with new funds and can only be recharged once at the time of purchase.
12. The funds available on the Gift Card cannot be exchanged for cash, either in whole or in part, and do not bear interest.
13. The Gift Card, within the meaning of applicable law, is not an electronic money instrument or a payment card.
14. Recharging the Gift Card is subject to value added tax within the meaning of the relevant tax regulations.
15. The Gift Card bears the Zagrywkilogo, a unique voucher code, its nominal value and expiry date.
16. Validity period and balance (funds available) Gift Card users can check this by contacting the Zagrywek helpline by email/telephone, or in person at Zagrywki.
17. The Gift Card can be used (purchases made with the Gift Card) multiple times, until all funds available on the Gift Card are used or until its expiry date.
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 and conditions for withdrawal from the contract are set in these Terms and Conditions.
20. The use of discount codes, bonus cards, vouchers or payment cards, etc. is excluded from the Gift Card purchase process. Payment for the Gift Card should correspond to its nominal value.
21. Gift Cards can be purchased both in person at Zagrywki and by email, by sending a purchase request to: [email protected].
22. After expressing one’s intention to purchase by e-mail, the Purchaser receives a questionnaire in which the Issuer collects the necessary information (Purchaser’s details, card value, invoice details) for the purchase of the Gift Card, as well as the necessary consents and declarations. After completing the questionnaire, the Purchaser receives a link to the Tpay payment system, and after payment, an electronic Gift Card and an invoice. Alternatively, payment can be made by bank transfer on the basis of an invoice, in which case, after completing the questionnaire, the Purchaser receives an invoice and, after payment, an electronic Gift Card.
23. The payment link is active for a specified period of time. Failure to make payment within the validity period of the link or within the period specified on the invoice will result in the cancellation of the order, unless the Purchaser and the Issuer agree otherwise.
24. Regardless of the form in which it was issued, i.e. electronic or paper version, the Gift Card can be used when making reservations for Games both via the website: https://zagrywki.pl/warszawa/ and in person, in accordance with the rules described in the above Terms and Conditions.
25. The Gift Card cannot be used to pay for the purchase of another Gift Card, the reservation of lounges and tables, tokens, orders at the bar, and cannot be exchanged for another Gift Card.
26. The Gift Card may only be used to book Games defined in point 3 of these Terms and Conditions.
27. The balance of the Gift Card will be reduced by the amount equivalent to the booking price, regardless of the method of booking (in person/online - via the website).
28. If the funds in the Gift Card account do not fully cover the price to be paid for the reserved Game, the User is obliged to cover the difference with their own funds, in the manner provided for the payment methods for the selected booking method (in person/online - via the website).
29. Only Gift Cards that are active, valid, original (issued by the Issuer) and undamaged, including those that allow the voucher code to be read, are eligible for redemption.
30. Gift Cards in paper forms can be redeemed at Zagrywki's premises after physically presenting the original Gift Card to the seller. The rights arising from the Gift Card cannot be exercised on the basis of a copy, photo (including on a smartphone), saved number, etc. The condition for using the Gift Card is the correct verification of the voucher code by the staff.
31. The Gift Card in electronic form can be redeemed in person at Zagrywki’s premises, upon presentation to staff on a mobile device display or in the form of a printout of the file in which the Gift Card was delivered to the Purchaser. The rights arising from the Gift Card cannot be exercised on the basis of a photograph, saved number, etc. The condition for using the Gift Card is the correct verification of the voucher code by the staff.
32. Payment with a Gift Card via the website is made by the User entering the Gift Card voucher code during the ordering process.
33. In accordance with point 29 of the Terms and Conditions of the Facility, admission tickets are non-refundable.
34. Payment with a 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 Terms and Conditions, the provisions of the Terms and Conditions of the Facility https://zagrywki.pl/warszawa/regulamin/ shall apply accordingly.
RULES FOR WITHDRAWING FROM THE GIFT CARD SALES AGREEMENT BY ELECTRONIC MEANS
36. Pursuant to the provisions of the Act of 30 May 2014 on consumer rights, in the event of the purchase by the Consumer (Individual Entrepreneur with consumer rights) of a Gift Card at a distance (online purchase via email), 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 withdrawal statement, 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 statement before its expiry. The right to withdraw from the Gift Card sales contract is vested exclusively in the Purchaser.
37. Pursuant to Article 38 of the Act of 30 May 2014 on consumer rights, the right of withdrawal referred to in paragraph 1 shall not apply, inter alia, in the case of a contract:
- for the purchase of a gift card in person at Zagrywki,
- where the subject of the service is a non-prefabricated item, manufactured according to the consumer's specifications or serving to satisfy his individual needs,
- if the performance of the service began with the express and prior consent of the consumer before the expiry of the deadline for withdrawal from the contract and after the entrepreneur informed him about the loss of the right to withdraw from the contract, and he acknowledged this,
- for the provision of services, if the trader has fully performed the service with the express consent of the consumer, who was informed before the performance began that they would lose their right to withdraw from the contract once the trader had performed the service.
38. The Purchaser is not obliged to return the Gift Card – it will be deactivated when the funds are exhausted or the expiry date has passed.
39. If the Purchaser withdraws from the Gift Card sales agreement, the Purchaser shall receive a refund of the Card balance. The refund shall be made using the same payment method that the Purchaser used to purchase the Gift Card, within 14 days from the date on which the Purchaser exercised their right to withdraw from the agreement. Settlements shall be made by the Issuer. Settlements for withdrawal from the Gift Card sales agreement shall not be made in person.
40. Gift Cards damaged in a way that prevents their identification shall not be returned or exchanged.
41. A Purchaser who has withdrawn from a distance contract for the sale of a Gift Card will be notified of the deactivation of the Gift Card and the balance to be refunded.
ISSUER’S LIABILITY AND COMPLAINTS RELATED TO THE GIFT CARD
42. The Issuer shall not be liable for the use of the Gift Card by a person who has obtained it unlawfully, nor for the loss or damage of the Gift Card for reasons not attributable to the Issuer after it has been handed over to the Purchaser.
43. The User may not request the Issuer to restrict, block or issue a duplicate Gift Card.
44. In the event of loss or damage to the Gift Card, the User shall not be entitled to any claims against the Issuer.
45. A purchase transaction using a Gift Card by the User shall be considered valid even if the User obtains the Gift Card in an unauthorised manner. When redeeming a Gift Card, the Issuer does not verify how the User obtained the Gift Card.
46. If the User transfers the Gift Card to another User, the transferring User shall inform the other User that the Gift Card is subject to the provisions of the Zagrywki’s 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, it is technically impossible to redeem the Gift Card, the Gift Card is damaged in a way that makes it impossible to identify or there is a suspicion that it is counterfeit, the source of the Gift Card cannot be verified and confirmed when it is used, 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 according to the data provided during the Gift Card ordering process. In the event of refusal to redeem the Gift Card, the User has the right to lodge a complaint in accordance with the rules described in these Terms and Conditions.
48. The Issuer shall be liable for physical defects or legal defects, and for the conformity of the Gift Card with the sales contract on the basis of the warranty resulting from Article 556 et seq. of the Act of 23 April 1964 Civil Code. The provisions of the Terms and Conditions do not limit the consumer's rights under generally applicable law.
49. Any complaints related to the purchase or redemption of the Gift Card may be submitted by e-mail to [email protected] or in writing at the Zagrywki premises in Warsaw. A complaint form template has been 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 first and last name, the type and date of the reason for the complaint. In particularly justified and confirmed cases, if it was impossible to use the Gift Card during its validity period for reasons beyond the User's control, the Issuer may accept the complaint by issuing a new Gift Card to replace the Gift Card that has expired.
51. Complaints will be considered within 14 days of their submission, based on these Terms and Conditions.
52. If the complaint is accepted and a refund is granted for the purchase of a Game using a Gift Card, the User will receive a refund of the amount previously paid (charged) to the Gift Card. The refund may be made to a newly issued and recharged Gift Card, and the refund amount will be equivalent to the amount paid with the Gift Card. The basis for the refund of this amount is proof of purchase using the Gift Card. The possibility of a refund is decided by the seller in accordance with applicable laws, regulations and internal procedures.
PERSONAL DATA PROTECTION
53. The personal data of the Purchaser or Gift Card User will be processed for the purposes of issuing and topping up the Gift Card, including the performance of the sales contract, issuing accounting documents, considering complaints and, where consent has been given, for marketing purposes, including sending marketing communications. More details are specified 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 operate the Gift Card will prevent its use.
55. Purchasers or Users who provide data have the right to access their data, correct it and request its removal.
56. The recipients of the data may only be authorised employees or associates of the Issuer providing services related to the processes indicated in point 50 and in the privacy policy available at: https://zagrywki.pl/warszawa/polityka-prywatnosci/
57. In the case of purchases made by email, payment via a link is made using the Tpay online payment service, which is administered by Krajowy Integrator Płatności spółka akcyjna (hereinafter: KIP or Administrator) with its registered office in Poznań, plac Andersa 3, 61-894 Poznań, entered in the National Court Register by the District Court Poznań – Nowe Miasto i Wilda in Poznań, 8th Division of the National Court Register under KRS number: 0000412357, NIP number: 7773061579, REGON number: 300878437, share capital PLN 5,494,980.00 – paid in full, national payment institution issued by the Polish Financial Supervision Authority and registered in the Payment Services Register under number IP27/2014 and has the status of a clearing agent in accordance with the UUP. Tpay is supervised by the Polish Financial Supervision Authority.
58. The user may contact the Issuer by e-mail at: [email protected]
59. If a person has consented to the processing of data (legal basis: Article 6(1)(a) of the GDPR), the data will be processed until the consent is withdrawn. In other cases, the data will be processed for a period justified by the purpose (e.g. processing a booking, for the purposes of settling claims or tax regulations). The processing period depends on the possibility of establishing, pursuing or defending claims, or when data retention is required due to tax regulations.
60. Every data subject has the right to access their personal data, rectify it, delete it or restrict its processing, including the right to object to its processing, as well as the right to transfer data and 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 used to purchase the Gift Card, or if it is not possible to verify the source of the Card, or if there are doubts as to the identity of the Purchaser based on the data provided during the Card ordering process. In particular, this procedure may be applied in the case of ordering Gift Cards with high denominations by e-mail. The investigation may be conducted in particular in order to remove doubts as to the authenticity 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 conducted remotely. In the cases referred to in the preceding sentences, the Issuer reserves the right to refuse to issue a Gift Card on the terms described in point.
62. In matters not covered by the Regulations, the provisions of generally applicable law shall apply.
63. These Regulations and all other regulations in force 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 a valid reason, understood as: a change in generally applicable laws or a change in the interpretation of laws by competent authorities, or the issuance of binding recommendations or guidelines by competent authorities that affect the content of the Terms and Conditions and result in the need to adapt them to such changes in regulations or their interpretation or recommendations and guidelines, the removal of ambiguities or interpretative doubts regarding the content of the Terms and Conditions, in particular those reported by Users, including the correction of obvious mistakes or typographical errors, the expansion or modification of existing Gift Card functionalities or the addition of new Gift Card functionalities, the security of Users, including in particular the need to prevent abuse, changes caused by technical or technological reasons (in particular as a result of updates to the technical requirements necessary for the Gift Card service process specified in the Terms and Conditions, or the introduction of progressive technical solutions in the Gift Card service process), the occurrence of force majeure circumstances understood as an external event beyond the control of the Issuer or Users, which could not have been foreseen on the date of publication and during the period of validity of the Terms and Conditions or activation of the Gift Card, e.g. natural disasters, epidemics, strikes, war, extraordinary weather conditions causing effects that affect the possibility of purchasing and redeeming the Gift Card.
65. Any amendments to the Terms and Conditions shall enter into force within 7 days of their publication on the website https://zagrywki.pl/warszawa/regulaminy. Amendments to the Terms and Conditions shall not affect the scope of rights acquired by Users.