Terms and Conditions for E-Gift Cards
Definitions
SCHMOOVE: refers to the company RAUTUREAU APPLE SHOES, owner of the SCHMOOVE brand, which offers its E-GIFT CARD for sale.
PARTICIPANT: designates any individual who participates financially, in whole or in part, in the purchase of an E-GIFT CARD.
INITIATOR: refers to the first participant in the E-GIFT CARD.
E-GIFT CARD: means a prepaid account on the SCHMOOVE website.
GIFT VOUCHER: means the electronic medium associated with the E-GIFT CARD and on which appears a unique code.
RECIPIENT: means the natural person who holds the GIFT VOUCHER.
SITE: interface accessible from the Internet and allowing a natural person to purchase an E-GIFT CARD.
Article 1 – Object
The present general terms and conditions of use (the "General Conditions") govern the conditions of use of the SCHMOOVE E-GIFT CARD issued and marketed by SCHMOOVE, by any E-GIFT CARD RECIPIENT.
Article 2 - Description of the service provided
The main function of this service is to allow the purchase of an E-GIFT CARD. The purchase can be made by a single person (single purchase) or by several people (joint gift).
The main features are listed below in a non-exhaustive way:
- For the INITIATOR, possibility to select a visual for the GIFT VOUCHER and to write a message visible on the GIFT VOUCHER.
- Possibility for the INITIATOR to print the GIFT VOUCHER, to send it immediately or in deferred time to a BENEFICIARY chosen by him, to propose to relatives to add money to the E-GIFT CARD in order to increase the amount.
- For PARTICIPANTS, the possibility of crediting the E-GIFT CARD via various available means of payment.
- For the RECIPIENT, possibility of using the GIFT VOUCHER to make purchases at SCHMOOVE.
Article 3 – Personalized message recorded by the INITIATOR
The INITIATOR has the option of writing a personalized message that will be displayed on the GIFT VOUCHER. SCHMOOVE is not responsible for the messages written by the INITIATOR and cannot guarantee their veracity. By adding content or information, you thereby give your irrevocable consent to use this content in order to process it for the needs of the service. SCHMOOVE will use all information exclusively in conformance with its privacy policy.
The added content must not:
- Infringe the intellectual property rights of any third party;
- Violate any applicable law in France;
- Be defamatory, insulting, threatening or obscene.
SCHMOOVE reserves the right to remove any personal content added that is contrary to ethics and good morals.
Article 4 - Participation in an E-GIFT CARD
The INITIATOR has the option to ask others to access an E-GIFT CARD that is not yet finalized, in other words when the GIFT VOUCHER have not been issued. For this purpose, the INITIATOR is provided with a link that can be shared with others via his/her e-mail service or any other means of his/her choice. The INITIATOR assumes responsibility for the diffusion of this link.
Any visitor who accesses the contribution page of an E-GIFT CARD via the shared link has the right to participate in an E-GIFT CARD by making a financial contribution via the available means of payment.
When the visitor accesses the contribution page of the E-GIFT CARD, the name of the INITIATOR and that of the BENECIFIARY will be clearly displayed. Any PARTICIPANT is assumed to know the INITIATOR and the BENEFICIARY.
Before contributing to an E-GIFT CARD, it is the responsibility of the visitor to ascertain the authenticity of the request from the INITIATOR. In case of doubt, the visitor is obliged to verify this directly with the INITIATOR. SCHMOOVE will not be held responsible for an error on the part of the PARTICIPANT.
Article 5 - Issuance and transmission of a E-GIFT CARD
Once the E-GIFT CARD is finalized, it is issued in the form of a GIFT VOUCHER and sent by e-mail to the INITIATOR. If he/she has selected the “send by e-mail” option, the BENEFICIARY will also receive the GIFT VOUCHER at the e-mail address provided by the INITIATOR.
The GIFT VOUCHER may not be received in the following cases:
- The spam filter of the messaging service has blocked the attachment or redirects the message into “SPAM” or “unwanted mail” folder.
- The firewall has blocked the message or the attachment.
- The inbox of the messaging service is full.
- The e-mail address is invalid.
Article 6 - Transmission of the E-GIFT CARD to a BENEFICIARY
When an E-GIFT CARD is purchased, the transfer of ownership from SCHMOOVE to the INITIATOR is effected upon issuance of the GIFT VOUCHER. The INITIATOR assumes complete responsibility for ceding and transmitting the GIFT VOUCHER to a BENEFICIARY, the third party of his/her choice, including when the INITIATOR selects the option “send to the beneficiary by e-mail”.
Use of the E-GIFT CARD as payment is based on the use of a code printed on the GIFT VOUCHER. The INITIATOR must keep the code and the GIFT VOUCHER secret. SCHMOOVE may not be held responsible in cases of an error on the part of the BENEFICIARY, loss of or fraudulent use of the code. Similarly, once the INITIATOR transfers the E-GIFT CARD to a BENEFICIARY, the latter is acknowledged to have accepted the transfer of rights and the General Conditions of the E-GIFT CARD specified in the supporting documentation.
Article 7 - Validity of the E-GIFT CARD
The E-GIFT CARD is valid for 12 months from the date of purchase.
At the end of the validity period, the E-GIFT CARD can no longer be used. The remaining balance on the E-GIFT CARD will then be lost. The E-GIFT CARD will not be renewed or exchanged.
Article 8 - Use of the E-GIFT CARD
The E-GIFT CARD can only be used by a natural person of legal age.
It can be used on the website www.schmoove.fr.
The E-GIFT CARD is not a credit card. It can be used as a means of payment, in one or more instalments, during its period of validity, only to pay for a purchase placed only in euros on the www.schmoove.fr website and within the limit of its loading.
If the balance on the E-GIFT CARD is not sufficient to cover the amount of the order, the RECIPIENT may supplement it by any other means of payment.
To find out the balance of the E-GIFT CARD, the RECIPIENT can go to the Gift Card space on the Website or contact SCHMOOVE Customer Service.
In case of return of all or part of the order paid in whole or in part with the E-GIFT CARD, the refund will be made on the E-GIFT CARD which will be automatically recredited with the amount of the returned article, within the limit of the sum initially paid by this same means of payment. It is important that the RECIPIENT keeps the E-GIFT CARD (received by e-mail containing the code) during the withdrawal period. If the validity period of the E-GIFT CARD has expired at the time of reimbursement, the reimbursement will be made in the form of a voucher valid on products sold and shipped by SCHMOOVE.
The E-GIFT CARD may not be exchanged, transferred, or resold, and may not give rise to any monetary consideration.
In the event of difficulty in using the E-GIFT CARD (particularly if it does not work), the RECIPIENT must contact SCHMOOVE's Customer Service.
Article 9 - Loss and theft of the E-GIFT CARD
The RECIPIENT is responsible for the E-GIFT CARD that he/she purchases. He/she agrees to take all measures to ensure the security and confidentiality of the E-GIFT CARD. SCHMOOVE will not be held responsible in case of loss of the media with its code, or fraudulent use of this code.
The lost or stolen E-GIFT CARD can nevertheless be the subject of a request for putting in opposition, provided that the E-GIFT CARD is still valid.
The sums already used before the setting in opposition could not be the subject of a refunding.
In the event that the electronic medium of the GIFT VOUCHER is lost, the RECIPIENT must contact the INITIATOR to obtain a new electronic copy. If the INITIATOR has lost the electronic medium, the INITIATOR may receive an electronic copy by making a request via the contact link in the footer of the SITE. In this case, the electronic copy will be sent to the INITIATOR's e-mail address originally used for the purchase. In no case, it is possible to obtain a reissue of the GIFT VOUCHER, i.e. a new code.
Article 10 – Cancellation and reimbursement of an E-GIFT CARD
GIFT VOUCHERS cannot be refunded, resold, transferred as compensation or exchanged for cash.
Article 11 – Claims
The transactions recorded by the computer systems of SCHMOOVE are valid proof of the transactions actually carried out by means of the E-GIFT CARD.
In case of dispute of the balance of the E-GIFT CARD following its use, the RECIPIENT may address a claim to the Customer Service of SCHMOOVE.
Article 12 – Guarantee limits
SCHMOOVE cannot guarantee the uninterrupted operation of the service and may not be held responsible for cases of unavailability, suspension or malfunction of the service, in particular during times of maintenance and updates and when problems with the Internet network occur. SCHMOOVE will implement state of art solutions to avoid any fraudulent modification of the E-GIFT CARD. However, users acknowledge that SCHMOOVE may not be held responsible, except in cases of proven gross negligence, for any damages resulting from:
- Breaches of fraudulent alterations carried out by unauthorized persons on the service,
- Abnormally long response times or slow operation of the service,
- Loss, damage or accidental destruction of data constituting an E-GIFT CARD or e-mails exchanged between users and SCHMOOVE, including potential fees associated with recovery, reproduction or repair of these data or messages.
SCHMOOVE may only be held liable in cases connected with a proven breach of its obligations as stipulated herein. In any event, SCHMOOVE will not be held liable for indirect damages sustained by the user or by a third party due to the user, in particular financial losses and/or revenues and/or profits and/or expected profit and/or chance, and/or issues related to reputation. All information or advice provided by SCHMOOVE may in no way be treated as a guarantee.
Article 13 – Validity and modifications of the General Conditions
The General Conditions apply as soon as the E-GIFT CARD is purchased and are valid until the balance is used up or the validity of the E-GIFT CARD expires.
Any changes to the General Conditions will not be binding.
Article 14 – Applicable law
The General Conditions are subject to French law. The competent court in case of dispute will be that of the place of residence of the defendant.