1. These general conditions govern the terms and conditions of issue, purchase and use of the “Blauer Gift Card” (hereinafter the “Gift Voucher”). The Gift Voucher may only be used to purchase Blauer products (hereinafter the “Products”) distributed in the virtual point of sale www.blauerusa.com. The Gift Voucher cannot be used at Blauer physical points of sale or at the physical or virtual points of sale of other resellers of the Products.
2. The Gift Voucher is issued by FiloBlu S.p.a (hereinafter, the “Issuer”), with registered office at Via Caltana, 116/C – 30030 Santa Maria di Sala (VE),Italy, C.F. P. IVA n. 04274870288, in accordance with the commercial agreement entered into between the Issuer and the company FGF Industry S.p.a., with registered offices at Vicolo Bellini n. 12, Padova, fiscal code and VAT no. 03315890289.
3. The Gift Voucher can be used by the person indicated by the purchaser at the time of the Gift Voucher is purchased (hereinafter, the “Recipient”).
4. The value of the Gift Voucher is equal to the amount of money paid by the purchaser (hereinafter the “Customer”) at the time of purchase that, depending on the choice of the Customer, may be in various amounts ranging from EUR 40,00 (fourty/00) to EUR 350,00 (three hundred and fifty/00). No costs or commissions are applied either to the purchase of the Gift Voucher or to the purchase of the Products. The Gift Voucher has no expiry date.
5. The Gift Voucher must be spent in a single transaction involving one or more Products up to the value of the Gift Voucher. Except as provided below, the Gift Voucher is non-refundable and once used cannot be topped up and/or reused. It is not possible to request a refund of any remaining balance. In the cases referred to in Clause 8 below, the Gift Voucher may be combined with another means of payment accepted for online purchases.
6. The Gift Voucher can be purchased online, on the website www.blauerusa.com in the dedicated section, by filling in the spaces on the appropriate form. Gift Vouchers can only be paid using the means of payment accepted on the website itself and cannot be purchased using any other coupon or gift voucher.
7. The Gift Voucher is sent by email to the Recipient named by the Customer at the time of purchase and can only be used by the Recipient, who is responsible for its use and safekeeping.
8. If the purchase order for one or more Products exceeds the amount of the Gift Voucher, the difference between the total expenditure and the credit balance of the Gift Voucher may be paid by the Recipient using one of the means of payment accepted by the relevant website at the time of purchase.
9. The Issuer and Blauer assume that the person holding the Gift Voucher is also the lawful Recipient or other person delegated by the latter. The Issuer and/or Blauer shall not be responsible for verifying that the identity of the person using the Gift Voucher coincides with that of the Recipient. It is understood that if the Issuer or Blauer has any evidence that the holder of the Gift Voucher has obtained it under fraudulent conditions, it will not be accepted for the purchase of the Products.
10. The Issuer and Blauer shall not be held liable to the Customer, the Recipient or any third party for any damages, costs or losses suffered, including indirect losses, as a result of the failure of the Recipient to keep the Gift Voucher safe and the fraudulent use of the Gift Voucher by a Third Party.
11. A Recipient whose Gift Voucher has been fraudulently misappropriated is obliged to notify the Issuer without delay by writing to the following email address info@Filoblu.com, attaching a copy of the report made to the police authorities. A Recipient who has reported the theft of a Gift Voucher in the manner and with the documents referred to above shall be entitled to request that it be blocked and a new Gift Voucher issued.
12. Products purchased with the Gift Voucher on the website www.blauerusa.com are subject to the same Terms and Conditions of purchase as other Products available on the same website.
13. The Customer has the right to withdraw from the Gift Voucher purchase agreement, without penalty, no later than fourteen (14) days from its purchase, provided that the Gift Voucher has not already been used to purchase Products.
14. Should the Customer wish to exercise their right to withdraw under Clause 13 above, they must inform the Issuer of such intention in writing by sending a formal request to the email address info@Filoblu.com.
15. If the Customer has exercised their right of withdrawal correctly, within the time limit and under the conditions set out in the above clauses, they will be contacted by Customer Service by email to confirm the withdrawal. The refund will be made promptly by crediting the amount paid to the same means of payment used for the purchase.
16. With regard to the right of withdrawal/return for the purchase of Products made on the website www.blauerusa.com, the general terms and conditions of sale available and accessible on the website www.blauerusa.com shall apply. In such cases, the full value of the Gift Voucher will be reimbursed by crediting the amount paid to the same means of payment used to purchase the Gift Voucher. If several products are purchased with the same Gift Voucher and only some of them are returned, the amount reimbursed will be equal to the value of the returned products only.
17. The Issuer shall not be liable for the Recipient’s non-receipt or any delay in receiving the Gift Voucher, for reasons beyond the control of the Issuer, including, for example: (i) interruptions or lack of coverage of telecommunications lines and/or systems; (ii) delays in sending information or data or loss of information and/or data that may result from any of the circumstances referred to in the previous point; (iii) the inaccuracy of the data of the recipient of the Gift Voucher provided by the Customer; (iv) the inability to deliver the Gift Voucher to the email address provided; or (v) the flagging of the email sent by the Gift Voucher Issuer as spam or junk mail.
18. The Gift Voucher cannot be used for advertising campaigns, raffles, promotion of third-party products and services, events, etc.
19. The acquisition and/or use of the Gift Voucher implies full acceptance of these terms and conditions, which were provided prior to the purchase of the Gift Voucher and which are available at the points of sale and on the website www.blauerusa.com.
20. The Customer and the Recipient shall keep these general terms and conditions of sale, in accordance with the provisions of Articles 50 and following of Legislative Decree No. 206 of 6 September 2005.
21. In compliance with the provisions of Article 63 of Legislative Decree No. 206 of 6 September 2005, if the purchaser is a consumer, the court of the place of residence or domicile of the consumer, if located in Italy, shall have territorial jurisdiction over any dispute. If the purchaser is not consumer, the Court of Turin shall have exclusive jurisdiction.