HESBURGER GIFT TERMS AND CONDITIONS OF REMOTE SALES
These terms and conditions apply to application gift cards (hereinafter “Hesburger Gifts”) purchased on the Hesburger application. The Customer hereby agrees to abide by these Hesburger Gift terms and conditions in connection with the purchase transaction.
1. Service provider
Burger-In Oy (hereinafter “Hesburger”)
Linnankatu 34, 20100 Turku, Finland
2. Terms concerning use of the Hesburger Gift
In order to purchase/redeem a Hesburger Gift, the Customer shall be a Hesburger Bonus Club member and use the Hesburger application as a registered user. The Hesburger Gift is issued for personal use. The Hesburger Gift may only be purchased in Finland for the time being.
The Customer may purchase a Hesburger Gift on the Hesburger application. When making a purchase, the Customer may assign a euro value to the Hesburger gift. When placing an order, the Customer may use an image file of their choice as the background for the Hesburger Gift and enter their own greeting text. Alternatively, a ready-made image file may be selected for the Hesburger Gift on the Hesburger application.
When purchasing a Hesburger Gift, the Customer shall provide the gift recipient’s phone number to which Hesburger will send a text message notification of the gift after the purchase is made.
The gift recipient shall redeem the Hesburger Gift using the link in the text message within 30 days of the date that the Hesburger Gift was purchased. When the recipient has redeemed the Hesburger Gift, the gift balance will be transferred to the recipient’s Bonus Club account. Then, the Hesburger Gift will be available to the recipient in their Bonus Club account balance in accordance with the Bonus Club rules. The Hesburger Gift may not be converted into cash or a physical gift card.
If the gift recipient is not a Hesburger Bonus Club member, they shall be required to join Bonus Club in order to redeem the Hesburger Gift. The gift giver shall be notified when the gift recipient has redeemed the Hesburger Gift.
If the gift recipient does not join Bonus Club or redeem the Hesburger Gift within 30 days, the balance loaded to the Hesburger Gift shall be transferred to the Bonus Club account balance of the gift giver upon expiration of the 30-day redemption period specified above.
The Hesburger Gift is paid when placing the order on the Hesburger application, and payment may be made using any of the payment methods used by the Customer and accepted on the Hesburger application. However, a Hesburger Gift may not be purchased with the Customer’s own Bonus Club account balance.
The minimum assignable amount on a Hesburger Gift is 5 euros.
4. Delivery fees and terms of delivery
When the Customer has purchased the Hesburger Gift, Hesburger shall send a text message to the phone number provided by the Customer. The text message will contain a link through which the gift recipient may redeem the Hesburger Gift. The Hesburger Gift balance shall be transferred to the gift recipient’s Bonus Club account when they have redeemed the Hesburger Gift.
No separate fees are charged for delivery of the Hesburger Gift.
Hesburger shall not be held liable if the telecommunications operator is unable to deliver the text message being sent to the gift recipient due to technical difficulties or for other reasons.
The Customer shall carefully check the phone number of the recipient before sending the order. Hesburger shall not be held liable if the Customer has provided the incorrect phone number and the Hesburger Gift is delivered to the incorrect recipient as a result of this.
Hesburger shall not be held liable for any damages, malfunctions or delays resulting from cases of force majeure. Cases of force majeure refer to any unforeseeable events or changes in conditions that are beyond the control of Hesburger and which Hesburger could not have reasonably anticipated or whose consequences Hesburger could not have avoided.
5. Order confirmation
Hesburger shall send an order confirmation of a successfully completed Hesburger Gift order to the Customer’s email address. Sending of an order confirmation requires that an email address willbe provided when placing an order. The Customer shall ensure that the email address is correct before submitting an order. In addition, a list of the Hesburger Gifts ordered by the Customer can also be found on the Hesburger application.
7. Rights to images attached to the Hesburger Gift
By downloading a background image to be attached to the Hesburger Gift, the Customer hereby affirms that:
a) they reserve the right to use and transfer the image material
b) the image material does not contain illegal content or violate good practices
c) the image file does not contain any viruses or other harmful properties
The Customer also hereby affirms that Hesburger may include the image file or part of it in the Hesburger Gift without any liability or payment obligations.
Hesburger is not liable for the content of image files submitted by its customers. Hesburger may, at its own discretion and at any time, delete image files submitted by customers from its server. Customer material uploaded to the Hesburger server shall be considered non-confidential and non-proprietary.
8. Right to cancel and cancellation instructions
The Customer reserves the right to cancel a Hesburger Gift order within 14 days of placing it without cause, provided that the gift recipient has not yet redeemed the Hesburger Gift. The Customer shall no longer reserve the right to cancel when the gift recipient has redeemed the Hesburger Gift.
The cancellation period ends 14 days after the purchase of the Hesburger Gift. In complying with the cancellation period, the Customer shall only be required to submit a notification that they intend to exercise their right to cancel prior to expiration of the cancellation period.
In order to exercise their right to cancel, the Customer shall notify Hesburger of their decision to cancel the agreement in an unambiguous, permanent manner. The Customer may submit a cancellation notification by email to email@example.com.
When submitting a written cancellation notification, the following will be sufficient:
Recipient + contact details
I/We hereby submit (*) this notification of my/our intent (*) to cancel my/our (*) agreement concerning the provision of the following goods (*)/services (*):
Order date (*)/Date received (*)
Consumer’s name (*)/Consumers’ names (*)
Consumer’s address (*)/Consumers’ addresses (*)
Consumer’s signature (*)/Consumers’ signatures (*) (only if the form is filled out in paper form)
(*) Cross out that which does not apply
9. Consequences of cancellation
If the Customer cancels this agreement, Hesburger shall return the balance of the Hesburger Gift to the Customer immediately and, in any case, by no later than 14 days of receiving the cancellation notification. The balance shall be returned using the same payment method that the Customer used to purchase the Hesburger Gift.
10. Complaints concerning the Hesburger Gift
Complaints concerning the Hesburger Gift may be lodged with Hesburger using the following contact details:
Switchboard: +358 (0)2 4808 9000 (weekdays 8-16)
11. Other terms and conditions
Finnish law shall apply to the use of this service and these terms and conditions.
Hesburger may change or update the Hesburger Gift or remove it from use at its own discretion. This also includes any amendments made to these terms and conditions. Any material amendments to the agreement shall, however, be made to customers with reasonable prior notice.
Both parties shall make every effort to amicably resolve any disputes arising from this agreement first through negotiation. If the dispute cannot be resolved by negotiation, the dispute shall be brought before the competent court of the Customer’s place of residence. The Customer may also bring a dispute before the competent court of Hesburger’s domicile. Furthermore, the Customer may bring the dispute before the Consumer Disputes Board for resolution. Consumer Disputes Board, P.O. Box 306, 00531 Helsinki, Finland, https://kuluttajariita.fi/en/index.html