Terms and Conditions

These General Terms and Conditions are the legal Agreement of Surprise Caribbean B.V., and trading as giftblog, having its seat and registered office at: Curaçao, Scharlooweg 75B te Willemstad, authorized and regulated by the Chamber of commerce with license number 140746 (“YGC”).

Definitions
Purchase Fee: Buyer of giftblog will be asked a fee of NAf. 4,- by selling point.
General Conditions: The present General Conditions described in this document.
Acceptors: Legal counterparties of YGC who accept giftblog as means of payment for the amount that is loaded on giftblog. All Acceptors are published on the Website. De Acceptors could change from time to time.
Activation date: The date on which giftblog is activated.
Proof of payment: An original receipt of a sale- and retail point.
Expiration date: The date on which the amount of money that is loaded on giftblog expires.
Electronic money: Money that is exchanged electronically.
Purchaser: The buyer and/or receiver of giftblog, who will not sell giftblog any further.
Validity: The period in which giftblog is valid, from the activation date until the expiry date as is determined in article 4, paragraph 1 and 2 of the General Terms and Conditions.
Products: All products and services that can be purchased with giftblog by the Acceptors.
Charged Amount: One of the fixed money values that the Purchaser chooses when buying a giftblog, this amount will be the uploaded credit of the giftblog.
Credit:
The balance or the (remaining) credit on giftblog. The credit is a monetary value that is connect to a unique code of YGC which will be saved in YGC’s administration. With your giftblog the purchaser buys products of behalf of the Credit, that is why the credit decreases after purchase.
Packaging: The packaging in which giftblog is being sold may vary, the purchaser can choose from a variety of themes.
Sale- and Retail Point: The legal counterparty of YGC who sells the giftblog at cost and risk of YGC for the fixed value that is being charged on the concerning giftblog. All Sell-and Retail Points are named on the website and can vary from time to time.
Confidential Information: All specific details, information and data in any form, which is distributed by one of the parties on behalf of the Cooperation Agreement and is distributed to the other parties, and which is determined as confidential by the first named party or party in which confidentiality can be reasonably suspected.
Website: Website of YGC, named: www.giftblog.su.
Redeemed Amount: The amount the purchaser of giftblog spends on one or more products of the Acceptor.
giftblog: YGC’s plastic gift card is a payment instrument and it gives the Purchaser. opportunity to execute payment directly via Sale- and Retailpoints. The charged card credit can be redeemed by all named Acceptors on the website. Acceptors may vary from time to time.

 Article 1 – Use of General Conditions
1.1 These General Terms and Conditions are applicable on every offer and every legal relationship established between the Purchaser and YGC. 


1.2 The Purchaser accepts the General Terms and Conditions when purchasing a giftblog at a Sale- and Retail point or when receiving the giftblog from another purchaser. Some of the general terms and conditions will be printed on the giftblog. A referral to the website is made on the card to inform purchasers where they can find all General Terms and Conditions.

1.3  If possible, the General Agreements will be given to the purchaser before the sell between purchaser and retail- selling point is being reached.  If this is not possible, the purchaser can view the General Agreements on the Website which is clearly stated on giftblog.    

1.4 The General Agreements will be distributed to the purchaser, without costs and via electronic means (in such a format that purchaser can save this in an environmentally friendly manner), or via other means, but will be given to the purchaser.  

 Article 2 – Purchase and use of giftblog for Issuer         
2.1 giftblog is offered via various retail- and selling points.

2.2 Issuer can only buy giftblog at YGC and or the retail-selling points. To prevent fraud YGC will not allow the issuer to buy giftblog from others.

2.3 Every giftblog has a unique code. After purchase of giftblog the handling and storing of giftblog and related codes under full responsibility and risk of the Issuer. This is to prevent use of third parties without permission of the Issuer.        

2.4 The Issuer can giftblog only use as payment for products at the Acceptors.

2.5 Certain budget exceptions that are made for the Products will be published on Acceptors website.

2.6 The credit on giftblog can be used in parts at various Acceptors.

2.7 The credit is transferred automatically at Acceptors.

2.8 When giftblog is partly used, ends (for that part) the legal relationship between Issuer
and YGC ends and a legal relationship between Purchaser and Acceptor is established       

2.9 giftblog is untradeable and unexchangeable at Acceptors and Retail- and Selling points. 

2.10 Purchaser needs to carefully keep the recipe as evidence of the purchase and activation of giftblog. YGC will not accept any other means of payment.

2.11 giftblog is transferable and has no personal commitment to a certain purchaser.

2.12 giftblog remains to be property of YGC until a credit of NAf. 0,- is being reached. giftblog cannot be re-charged before the amount of NAf. 0,- is reached.

2.13 YGC will not pay debit over credit amount to Purchaser.

2.14 At purchase giftblog will charge the retail- and selling point a purchase fee. The Purchase fee is exempted from the payment of sales tax.

2.15 The giftblog can only be redeemd in physical form at the Acceptors. A picture of giftblog or any other form other than the orginal form of giftblog will not be accepted by the Acceptors.

Article 3 – Credit             
3.1. The Credit qualifies as Electronical Money and concerns a claim from Purchasers to YGC.   

3.2 Credit management and authorizing of payment transactions concerning Credit goes via YGC and remains their responsibility.

Article 4 – Duration       
4.1  giftblog is valid twelve (12) months after activation date or until the day your Credit is used on giftblog. The Final date is stated on the packaging and can be viewed via the Website. As long as giftblog is valid the Purchaser can spend their Credit for purchase of products at Acceptors. When the Final date expires the Credit on giftblog can no longer be used for purchase of Products. YGC reserves the right to block giftblog after expiring.

4.2 Notwithstanding all other in article 4, YGC uses a a single warranty period of three (3) months after the Final date. In this period, within three (3) months after Final date can Purchaser ask for a new giftblog which will be valid three (3) months, to be calculated after the original Final date, with the remaining Credit of the expired YGC. To be eligible for this agreement the purchaser needs to contact YGC’s Costumer Service. When the warranty period is going to be used giftblog will ask for an administration fee of NAf. 15,90. This will be automatically charged via the uploaded Credit on giftblog. If the Credit is lower than NAf. 15,90. The Purchaser will not be eligible for the warranty period.

4.3 The Credit on an expired giftblog will not be restituted.

4.4 On YGC’s marketing sales special terms and conditions could be applicable for giftblog. If and whether these special terms and condition are in conflict with the General Terms and Conditions or if the General Terms and Conditions do not provide for something in which the special terms and conditions do provide in, the special terms and conditions will be applicable.

Article 5 – Pricing and Returns
5.1 The Sale- and Retail point stated current pricing of giftblog consists of the Purchase Fee and the to be uploaded credit (Free prices between NAf. 20,- and NAf. 750,-). The credit amount is in line with the nominal value in gilders.

5.2 Prices on giftblog are in NAf. and give the exclusive right to spend Credit at the Acceptors.

5.3 The credit on giftblog can be used in parts at various Acceptors (see article 2.6 of the General Terms and Conditions). If a purchase is more expensive than the Credit on giftblog than the Purchaser needs to pay the remaining amount via one of the manners the concerning Acceptor offers.     

5.4 YGC will not accept returns of giftblogs.           

5.5 It is impossible to change giftblog in whole or in parts for money. 


5.6 For returns of Products bought with giftblog the Acceptors conditions will be valid. The acceptor will have their own return procedure, by no means money will be refunded. The Acceptor is allowed to refund the Credit in money.       

Article 6 – Loss, theft, forgery, misuse and damage
6.1 The Purchasers needs to keep giftblog in a safe place.

6.2 Loss, theft, misuse or unauthorized use of giftblog which ensures YGC is no longer valid and cannot be used by the Purchaser. YGC will not be held responsible for any damage in what sort of form. YGC will not distribute a new giftblog to the Purchaser nor will it pay for the lost, stole, damaged or unauthorized use of the giftblog.
            

6.3 In case of loss or theft giftblog will not provide a Credit settlement or payment to the Purchaser.    

6.4 When a Purchaser misuse or commits fraud or attempt to commit fraud with giftblog, also to try and therefore include giftblog as a falsification, to decipher the card code or in any other way breach or bypass security measurements. giftblog is authorized to refuse the Purchaser to use giftblog, to block or can claim complete damage on the Purchaser.

 Article 7 – Accountability           
7.1 giftblog is towards issuer merely accountable for direct damage that the Issuer has affected as non-fulfilment of the General Agreements of giftblog within the scope of article 6:98 BW. 

7.2 giftblog is no party of the purchase agreement between Issuer and Acceptor in purchasing Products. The Issuer can regarding the purchase agreement between Issuer and Acceptor only addresses the Acceptor.                                                     

7.3 giftblog does not accept any liability in any way for damage suffered by Issuer that has arisen due to the fact that the Acceptor was lacking in the agreement between Issuer and Acceptor and due to the fact that products delivered by Acceptor by redeemed giftblogs or via any other omission or act on the Acceptor’s part. (see article 2.3).       

7.4 Notwithstanding article 6.1 accepts giftblog not any responsibility for suffered damage caused by Purchaser for not or not well-timed use of giftblog as to suffered damage caused by the usage of giftblog.

7.5 giftblog ensures that they provide substantial effort to give accurate, complete and up-to-date information on the Website and on outgoing expenses of giftblog. All published website information is subject to printing and type errors.

7.6 YGC cannot be held responsible for any form of damage caused by inaccuracies or errors at the presented information on giftblog and/or Website and/or inherent to the distribution of information via the internet such as technical defects, interruptions or delays in the distribution of the information.  

7.7  YGC cannot be held responsible for any form of damage suffered as a result of the use of information, advice, or ideas supplied by or on behalf of YGC or via the Website.

7.8 YGC cannot be held responsible for suffered damage due to the fact that Issuer as caused by the circumstance that Issuer cannot access Credit caused by extern factors and/or omissions or actions by third parties. YGCs strives for the best possible service for the Issuer and will sustain its efforts to let the Issuer own their Credit undisturbed yet is hereby dependent on extern factors and means of communication.        

7.9 YGC’s Website can have hyperlinks or other website’s references. Certain hyperlinks and references are only used to display information or the Issuer. YGC cannot be held responsible for any form of damage that is caused by content from other websites or via the website’s hyperlinks or any other website references.

7.10 The maximum amount of compensation where YGC could become responsible for is the purchase amount giftblog is bought. YGC shall never be liable for indirect damage (consequential damage).

 Article 8 – Force Majeure

8.1 In the case of force majeure, YGC has the right, if they so desire to suspend the purchase of giftblog or to suspend the performance of giftblog, without compensation payment.

8.2 All other rights of YGC remain unchanged.

Article 9 – Fraud              
9.1 In case of the perpetration of forgery, fraud, suppression of facts, falsification of documents or any other actions of bad faith, (which includes the redeeming of the giftblog by falsification, to crack the card number or to avoid any other security measurements), or an attempt or suspicion of any previous mentioned actions on the Purchaser’s side, YGC has the right to and to choose to rescind the purchase of the giftblog or to deny the execution of giftblog completely or to block or to suspend, without duration period and without payment of any payment to the Purchaser.

9.2 YGC is justified to claim damage as a cause of one of the previous stated acts named under this article on the concerned Purchaser.                 

9.3 All other rights due to YGC have remained unchanged.

 Article 10 – Intellectual Property           
10.1 YGC has title to all intellectual property rights such as copyrights, trademark rights, patent rights, design rights and trade name rights that are in relation with giftblog and or its Website (names, logo’s, slogans, concepts, designs, marketing information, promotion material)

10.2 The Purchaser is not permitted to make any change to giftblog and/or its Website. Nothing from the Website or any other products of YGC may be used by the Purchaser for any other purposes than noted in the General Terms and Conditions.

Article 11 – Complaint Procedure          
For any problems and/or questions about giftblog you can contact the Holder of customer service of YGC via e-mail: info@giftblog.su or by phone via : +5999 461 52 55 (Monday to Friday - 09:00 until 17:30).

Article 12 – Change General Terms and Conditions       
12.1 When the General Terms and Conditions have been last changed can be found on the date below of the last page.  

12.2 YGC is justified to change the General Terms and Conditions unilaterally.

12.3 Announcements will happen on the Website. Changes will be applicable after announcement on the Website or any other specified date.

12.4 The Purchaser is deemed to accept the changes after announcement on the Website. 

Article 13 – Governing Law and Settlement of Disputes              
13.1 On the General Terms and Conditions only the law of Curaçao is applicable.

13.2 If a dispute arises between two or more parties about the interpretation or application of one of the regulations of the Cooperation agreement than they will try to solve this dispute without judicial actions. May parties cannot reach an agreement than the judge of Curaçao has extra jurisdiction to hear about this particular dispute.

Version: 1st of April 2020