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General Terms and Conditions - Sale

  1. Subject

1.1. These general terms and conditions regulate the purchase and sale of Gift Cards.

1.2. These general terms and conditions shall be deemed to be accepted in full by the Customer upon completion of the purchase process as set out in Article 3, as indicated in the relevant form.

  1. Definitions

2.1. The terms below, in addition to those set out below in these General Terms and Conditions, when used with a capital letter, shall have the following meanings, it being understood that singular terms include plurals and vice versa:

  1. “Amilon”: Amilon srl, Tax ID and VAT number 05921090964, REA no. MI-1858746, with registered office in via Battaglia 12, 20127 - Milan, tel. +39 02 3655 9650, PEC [email protected], which sells the Gift Cards on the Site;
  2. “Beneficiary“: natural person identified by the Customer (among his employees, collaborators, agents, etc.) to whom the latter makes the Gift Cards available as part of a corporate welfare or incentive plan of the Customer;
  3. “Customer“: the person, registered on the Site, who purchases the Gift Cards to be used as part of their corporate welfare or incentive plans ;
  4. “Gift Card”: document issued by persons offering goods/services to the public ("Merchant") which incorporates the owner's right to obtain goods or services from the Merchant within the limit of the nominal value indicated on the document itself and at the conditions of use indicated therein, and the corresponding obligation of the Merchant to accept it instead of money for the purchase of such goods or services at its own stores or of those of persons with whom the Merchant has entered into special agreements (e.g. affiliated entities or franchisees) ;
  5. “Parties“: Amilon and Client jointly.
  1. How to purchase Gift Cards and conclusion of the contract

3.1. To purchase Gift Cards, the Customer must:

  1. choose the desired quantities and sizes;
  2. choose the payment method between (i) credit card, (ii) ordinary bank transfer and (iii) MyBank transfer. In case of payment of the amount by credit card or MyBank transfer, it will be necessary to enter the data requested online and proceed with the payment. If the Customer selects payment by credit card, he/she may also tick the appropriate box to consent to the storage of such card data to facilitate any future purchases. The Customer acknowledges that, for security reasons, the first purchase must be made by ordinary bank transfer or MyBank transfer;
  3. click on “Order“ to send the purchase order (hereinafter, “Order“).

3.2. By sending the Order, the contract between the Parties will be deemed concluded and the Customer will receive at the e-mail address entered in the form referred to in point 3) above confirmation of the purchase and the relevant invoice, unless the Customer has unchecked the relevant box in the form.

  1. Order processing

4.1. Once the Order has been completed in the manner set forth in article 3 above and provided that the amount due for the chosen Gift Cards has been paid, Amilon shall send to the Customer at the e-mail address provided during registration a notification containing a list of links (hereinafter “Codes” or, individually, “Code”) referring a digital voucher with a PIN and related instructions (hereinafter “Voucher”), which will allow the Beneficiary to download the respective Gift Cards through the specific portal provided by Amilon (“Portal”);

4.2. The Customer acknowledges that Amilon, from the moment of receipt of the aforesaid notification, cannot be held liable for the theft, loss, or misuse of the Codes and/or Vouchers by the Customer or the Beneficiary, as well as in case of theft, loss, misuse of the Gift Cards downloaded by the latter and that, consequently, in the occurrence of such cases, Amilon does not provide replacement Codes/Vouchers/Gift Cards nor refund any amount. Furthermore, the Customer undertakes to indemnify and hold Amilon harmless from any and all charges, costs and/or damages that he/she may suffer from incorrect custody or management of the Codes/Vouchers/Gift Cards.

4.3. The Customer also acknowledges that the Code has an expiry date, which is specified on the Voucher, after which the Beneficiary will no longer be able to download the relevant Gift Card from the Portal.

  1. Obligations of Amilon

5.1. Amilon undertakes to:

  1. send the notification referred to in Article 4.1(provided that the Customer has paid the amount due);
  2. allow the Beneficiaries to download the Gift Card from the Portal, guaranteeing them the necessary assistance, without prejudice to the provisions of Article 7.4;
  3. make its assistance service available to the Customer to respond to any requests of the latter regarding the Order. As indicated in the registration conditions on the Site (see Article 8.3), the Customer may contact Amilon at https://amilon.eu/contact-us.
  1. Obligations, guarantees and acknowledgments of the Customer

6.1. The Customer undertakes to pay the amount due for the Gift Cards ordered, consisting of their total nominal value. It is understood that the notification referred to in Article 4.1 shall not be sent until such payment has been made and, should such notification be sent anyway, even without the payment of the amount due, Amilon shall be entitled to cancel the Codes transmitted and block the download of the relevant Gift Cards from the Portal until such payment has been made, without prejudice to the application of the interest for late payment provided for by Legislative Decree 231/2002.

6.2. The Customer undertakes to use the services rendered by Amilon in accordance with the provisions of the agreement and in full compliance with all laws and regulations, including those applicable due to the nature of the initiative under which the Customer intends to use the Gift Cards (such as corporate welfare). It is understood that the Customer is solely responsible for the adequacy of the initiative with respect to the applicable legislation.

6.3. The Customer guarantees:

  • to use the Gift Cards (and therefore the Codes) exclusively to make them available to the Beneficiaries as part of corporate welfare or incentive plans. It is strictly forbidden to use them for other purposes, such as, but not limited to, resale activities or for conducting prize competitions or other promotional initiatives (e.g. cash-back or loyalty programmes);
  • that the Beneficiaries will only use the Codes for downloading the Gift Card from the Portal (refraining from other uses, e.g. resale) and will look after them with due care and diligence,

holding Amilon harmless from any detrimental consequences arising from the breach of this paragraph, including any claims of the Merchants or the Beneficiaries themselves.

6.4. The Customer undertakes to inform the Beneficiary of the conditions of use of the Gift Card available on the relative descriptive page on the Site, without prejudice to the provisions of Article 7.1.

6.5. The Customer, in confirmation of what he/she declared when registering on the Site, declares and guarantees, assuming all responsibility in this regard, that he/she is entitled to assume the obligations set forth in these contractual terms and conditions (e.g. as a legal representative of the company or a person duly authorised/delegated for this purpose).

  1. Amilon's liability for Gift Cards and limitations of liability

7.1. The Customer acknowledges that the characteristics of the Gift Cards and the related conditions of use are decided by the relevant Merchants and thus transmitted by the latter to Amilon, which limits itself to publishing them on the Site to make them available to the Customers, based on the agreements with the Merchants themselves, who assume the consequent responsibilities in this regard. Therefore, considering that the Gift Card is an entitlement to obtain a performance rendered by the Merchant who issues it, Amilon cannot be held liable for any discrepancies or non- compliance of the aforementioned characteristics and/or conditions of use.

7.2. The Customer also acknowledges that - always in consideration of the nature of the Gift Card, as an entitlement to obtain services rendered by third parties, i.e. the Merchants - Amilon is released from any obligation towards the Customer with the delivery of the Gift Card to the Beneficiary (once downloaded from the Portal), not being able, since Amilon cannot, from that moment, be held responsible for events attributable exclusively to the Merchant, such as, but not limited to, the inability to spend the Gift Card due to blocking of the systems used at the Merchant's shops (e.g. data breach or malfunctioning), bankruptcy or cessation of business or for non-compliant products/services sale.

7.3. Without prejudice to the mandatory provisions of the law, the Customer acknowledges and accepts that (i) Amilon's maximum liability for damages arising to the Customer in the performance of the contract shall not, taken as a whole, exceed the value of the consideration paid by the latter and that, in any event, (ii) the indemnification of consequential or indirect damages (including, but not limited to, loss of profits, business interruption, loss of earnings or loss of business opportunities and non-pecuniary damages) suffered by the Customer is excluded.

7.4. Amilon makes no commitment with respect to the availability and speed of response to the requests for support referred to in Article 5.1 (3) above.

7.5. The Customer acknowledges that the usability of the MyGate service may be subject to suspension - even without notice, if necessary - in order to guarantee both corrective maintenance (aimed at remedying breakdowns, vices, and defects) and those of evolutionary maintenance (aimed at improving its functioning and usability, adding new functions and features, adapting it to legislation), as well as in the event of emergencies or security threats. In any case, Amilon will take care to restore functionality as quickly as possible, to minimise any risk of disruption.

  1. Personal data protection

8.1. Each Party acknowledges that the personal data of its employees/collaborators involved in the activities referred to in these general terms and conditions (e.g. names, company e-mail address, professional qualification, etc.) will be processed by the other Party as data controller pursuant to Article 4, No. 7 of Reg. (EU) 2016/679 (“GDPR“) exclusively for purposes strictly functional to the execution of the same, in accordance with current legislation on the protection of personal data, including, in particular, the GDPR and Legislative Decree 196 / 2003 and subsequent amendments, referred to in the preceding paragraph and the privacy statement provided by each of them pursuant to Articles 13 and 14 of the GDPR (Amilon's privacy statement is provided upon registration to the Site and published in the footer of the same).

8.2. The Parties also acknowledge that:

  • the provision of the services referred to in Article 5.1 does not entail any processing by Amilon of the personal data of the Beneficiaries for which the Customer is the data controller;
  • Amilon will act as data controller of the personal data of the Beneficiaries who enter the Portal and download the Gift Card there.
  1. Intellectual and industrial property rights

9.1. As indicated in the registration conditions on the Site, the Customer acknowledges and accepts that:

  • all intellectual and industrial property rights relating to logos, trademarks and any distinctive sign and material relating to the Gift Cards are owned by the respective Merchant (hereinafter “Material”);
  • it is forbidden to reproduce and/or use the Material, in whole or in part, in any form, without the express written consent of Amilon;
  • Amilon's failure to exercise its right to act or any form of forbearance by Amilon in relation to any conduct contrary to this article, as well as to intellectual and industrial property law, does not constitute a waiver of its right to act to protect the position of Amilon itself and/or its Merchant partners.
  1. Applicable law and place of jurisdiction

10.1. The contract is governed by and shall be interpreted according to Italian law.

10.2. Any dispute relating to the contract between the Parties is subject to the exclusive jurisdiction of the Court of Milan.