General Conditions of Use applying to Voucher and E-voucher

Brief legal acknowledgment:

1. Definitions
The words and expressions used in these General Conditions with capital letters have the meaning given to them below:


Voucher
Refers to the prepaid electronic money voucher, in physical or electronic form, showing the following information:

The Voucher represents electronic money; it is issued by the ISSUER and distributed by EMP corp through sales outlets. Voucher can be used for the online payment of goods and services offered by partner merchant websites. Voucher is a service of EMP corp.


E-voucher
Refers to the prepaid electronic money voucher, through ON-LINE distribution only, showing the following information:

The E-voucher represents electronic money; it is issued by the ISSUER and distributed by EMP corp through EMP corp or Partners website. E-voucher can be used for the online payment of goods and services offered by partner merchant websites. E-voucher is a service of EMP corp.


Issuer
Refers to CFS-ZIPP a limited company incorporated in England and Wales having its registered office at 790 Uxbridge road, Hayes, London UB4 0RS United Kingdom, under FCA law. The Issuer is an institution approved as an issuer of electronic money and as such is authorized to issue electronic money on E-voucher or Vouchers. EMP corp has a distribution agreement to distribute and sell Voucher or E-Voucher from the Issuer.


User
Refers to a person of legal age and capacity to hold a E-voucher or Voucher and who purchases Services from Partners by means of this Voucher or E-voucher.


Sales outlet
Refers to the physical sales outlets of brands and retailers authorised to market Voucher. A list of them can be viewed on the www.empcorp-lux.com website.


Customer space “My Account”
Refers to the personal space of the User on the www.empcorp-lux.com website that allows the purchase of E-voucher, access to certain functionalities and potentially the purchase of or subscription to other products or services provided by EMP corp or Partners.


Code
Refers to the 11, 12, 14 or 16-character alphanumeric identification code appearing on the E-voucher or Voucher that can be used to pay for the purchase of Services from Partners.


Beneficiary
Refers to the person of legal age and capacity to whom the User gives a E-voucher or voucher. After receiving the code, the Beneficiary will be considered as being a User.


Partners
Refers to online merchant sites accepting Voucher or E-voucher as a method of payment for the goods or services that they provide.


Services
Refers to the goods or services offered through Partner merchant websites.


2. Purpose
2.1. General Conditions govern the conditions of sale and use of E-Voucher and Voucher.
2.2. The E-voucher or voucher is personal and should not be sent to a third party. By exception, in the case where it is intended to be offered as a gift, the purchaser should ensure that the beneficiary is of legal age and capacity and that they have carefully read these General Conditions which they can access from the website address printed on the Voucher or E-voucher.
2.3. The purchase and/or use Voucher or of E-voucher implies full and unconditional acceptance of these General Conditions by the User.
2.4. These General Conditions are available from physical sales outlets and can be downloaded from the www.empcorp-lux.com website.


3. Creation of a Customer Space “My Account”
3.1. The online purchase and use of certain functionalities of E-voucher require the creation of a Customer Space by the User called “My Account”.
3.2. To create the Customer Space “My Account”, the User should login to the  www.empcorp.com website and provide the following information: name, first name, e-mail address, postcode, town, country, mobile telephone number, date of birth, place of birth, answer to a secret question chosen by the User.
3.3. When creating the Customer Space “My Account”, the User will receive an e-mail containing a validation link and a text message containing a personal code. The User will need to validate creation of the Customer Space by following the link received by e-mail and then entering the personal code received by text message. The Customer Space will then be the subject of certification by the Issuer within 2 working days in line with prevailing regulations. Once the Customer Space has been certified, the User is are allowed to access the functionalities described in articles 4.2 and 6.


4. Purchase of a E-voucher or voucher
The purchase of E-voucher or Voucher is exclusively reserved for persons of legal age and capacity.
4.1. Purchase at Sales Outlets
4.1.1. Voucher is sold in Sales Outlets, the list of which is available on the www.empcorp-lux.com website. It is the User’s responsibility to check that the sales outlet where they purchase an Voucher is on the list of sales outlets. The list of sales outlets may change without notice and the Issuer would not be held liable in the event of a delay in the updating of this list.

4.1.2. EMP corp disclaims all liability for the validity of a Voucher that was not acquired from a Sales Outlet.
4.1.3. Voucher can be purchased at Sales Outlets by charging up a predetermined fixed amount from 25 to 200 Euros, by means of payment solutions accepted by the Sales Outlet.
4.1.4.The User is not authorized to purchase E-voucher vouchers in a Sales Outlet for a total sum of more than 1 500 €.
4.1.5. On purchasing Voucher, the Sales Outlet prints out and hands the User a paper ticket, on which are printed the Code, a reference number, value of the code and an expiry date. The User should check that the paper ticket includes this information.
4.1.6. The User should retain the Code and reference number of their Voucher account in a safe place and hidden from view. The User is informed that the information printed on the Voucher is likely to be obliterated if the paper ticket is mistreated or retained too long. The User alone is liable for the consequences that obliteration, loss or disclosure of information appearing on their Voucher could have.

4.2. Online Purchase “E-voucher”
4.2.1. E-voucher can be purchased online, on the www.empcorp-lux.com website through the Customer Space “My Account”.
4.2.2. E-voucher purchased online can be charged up with a predetermined fixed amount from 25 to 200 €, or with an amount chosen by the User to the nearest Euro, for a minimum amount of 10 € and a maximum amount of 200 €.
4.2.3. Before certification of the Customer Space by the Issuer, the total amount of online E-voucher purchases is 0.
4.2.4. The online purchase of a E-voucher is paid by credit card. The transaction is conducted online through a 3D Secure type authentication process. The Code is displayed in the current page at the end of the transaction (with the option of generating a .pdf document for printing or saving) and sent by text message.
For security reasons, the purchase of several E-voucher vouchers using several bank cards by the same User may be refused.
4.2.5. The reference number received by e-mail as well as the Code displayed on the screen and sent by text message will be requested of the User for making purchases or getting reimbursed. The User is advised to retain this information in a safe place and hidden from view. The User alone is liable for the consequences that losing or disclosing information communicated by text message or e-mail could have. The Issuer would not be held liable for the loss or theft of the E-voucher and not would not be held liable for any reimbursement.
4.2.6. The User can purchase a E-voucher, under the conditions described above, for the purpose of giving it to a Beneficiary of legal age and capacity. To do this, during the online purchase, the User should indicate the name and first name of the Beneficiary as well as their e-mail address. The code will be sent to the Beneficiary by e-mail. The User should also send a text message to the Beneficiary giving their telephone number to alert the Beneficiary to check their e-mails.


5. Period
Each E-voucher or Voucher is valid for a specific period expiring on the date printed on the Voucher or displayed on the E-voucher, with a six (6) months validity.


6. Use of Voucher or E-voucher
6.1. Voucher or E-voucher can be used to purchase Services exclusively from Partners accepting the Voucher or E-voucher payment solution, a list of whom is available on the www.empcorp-lux.com website. The list of Partners may change without notice and the Issuer would not be held liable in the event of a delay in the updating of this list.
6.2. The purchase of Voucher or E-voucher is exclusively reserved for persons of legal age and capacity.
6.3. A Voucher or E-voucher voucher is not rechargeable.
6.4. An E-voucher or voucher can be divided. It can be used several times until the balance is used up. The User should ensure that the balance of their E-voucher or Voucher account is sufficient to purchase Services. If not, the transaction will be refused.
6.5. Subject to the operational methods of the service specific to Partners, several E-voucher or Voucher can be used to pay for the same product or service.
6.6. Before entering the Code on a merchant website, it is the User's responsibility to check that this merchant is one of the Partners.
6.7. By entering the Code, the User irrevocably authorizes the Partner to request immediate payment of the amount of the Service and irrevocably authorizes EMP corp to debit the Voucher or E-voucher account used and to pay the Partner.
6.8. The User is informed that the transaction may be interrupted for reasons external to EMP corp (such as the interruption of communication, network breakdown, abandonment of the transaction in progress by the User, etc.). In this case, the Voucher or E-voucher is temporarily blocked for a short period. The balance is not debited.
6.9. After the user has entered the Code, EMP corp will check that the Code is valid and that there is a sufficient balance. If these checks allow payment to be made, EMP corp will confirm the payment.
6.10.  The balance, transaction history and charges deducted on a Voucher or E-voucher can be viewed free of charge (excluding Internet connection costs) on the www.empcorp-lux.com website in the Customer Space “My Account”.
6.12. Voucher or E-voucher may not be exchanged, resold, credited to a bank account or card, or be the subject of a discount, or give rise to a monetary consideration under any form, in full or in part, including giving change, except in the event of subscribing to another product or service offered by the Issuer.
6.13. Any resale of Voucher or E-voucher is prohibited without the express agreement of EMP corp. Any transfer of a E-voucher or voucher, against payment or free of charge, with the exception of sending a E-voucher or voucher to a Beneficiary under the conditions defined in article 4.2.7 (giving an E-voucher or voucher), is prohibited. In particular, it is prohibited to sell or acquire E-voucher or Voucher through unauthorized websites, particularly "stock exchanges".
6.14. The User undertakes not to use the Voucher or E-voucher payment solution for illegal purposes.
Voucher or E-voucher can also be used to purchase certain products or subscribe to certain services offered by EMP corp.
To pay Partners using Voucher or E-voucher, the User should consult the www.empcorp-lux.com website to find out the details of the purchasing process (and if need be the specific requirements of certain Partners), as well as additional charges applicable. In all cases, the User should use the Code to make payment.
The User may also ask to EMP corp to send them, at no cost and in paper form, a statement of transactions made with a Voucher or E-voucher.


7. Agreement of proof
7.1. Data recorded by the Issuer's IT system and potentially by bank card networks will represent proof of purchase of a Voucher or E-voucher made by the User on the www.empcorp-lux.com website.
7.2. Data recorded by the Issuer’s IT system and potentially by bank card networks will represent proof of purchase by the User from Partners.


8. Reimbursement
8.1. The User can request reimbursement of the balance of a Voucher or E-voucher voucher, before its expiry, if it is over 10 €.
8.2. The reimbursement is made by bank transfer or bank cheque within a period of five weeks.
8.3. In all cases, to obtain reimursement of the Voucher or E-voucher balance, the User should send an e-mail to the EMP corp, together with the following:
- a legible copy of the E-voucher or Voucher (copy of the paper Voucher or printout of the PDF if sent by e-mail) or, if the Voucher was prepared in the form of a text message, the corresponding Code,
- The remaining balance of the Voucher or E-voucher,
- The bank details of the account to which the User wishes to receive the balance of the Voucher or E-voucher account,
- A double-sided copy of the User's ID card,
- The User’s name, first name and full address (street, street number, town, postcode and country).

8.4. The request for reimbursement should be sent to the following address :

EMP corp
Service Après-Vente
6 PLACE DE NANCY
2212 LUXEMBOURG.

8.5. The reimbursement is subject to the invoicing of charges as defined in article 9. These charges are offset against the balance of the Voucher or E-voucher account.


9. Charges
The following charges will be applied to Voucher or E-voucher:
- Reimbursement charges are 10% of the amount of the Voucher or E-voucher with a minimum amount of 3 € and are deducted directly from the balance of the Voucher or E-voucher account.
When these charges are not payable at the time of purchasing Voucher or E-voucher and unless otherwise stipulated, the User authorises the Issuer to deduct these charges from the balance of their Voucher or E-voucher.


10. Withdrawal If E-voucher is purchased from the www.empcorp-lux.com website, the User has a period of withdrawal, without charge and without giving a reason, of 14 days starting from the date of purchase of E-voucher. If this period expires on a Saturday, Sunday or public holiday or non-working day, it is extended to the following working day.
To exercise this right of withdrawal, the User should send a request to the following address:

EMP corp
Service Après-Vente
6 PLACE DE NANCY
2212 LUXEMBOURG.

Or an e-mail to contact@empcorp-lux.com. It is mandatory that the User quotes the reference number displayed on their E-voucher.
This right of withdrawal may not be exercised by the User if they have made one or more purchases with E-voucher.


11. Loss, theft, transaction dispute
11.1. The Voucher or E-voucher cannot be replaced or reimbursed in the event of loss or theft of the Voucher or E-voucher or of information relating to the Voucher or E-voucher and in particular the Code.


12. Amendment of General Conditions – transfer
EMP corp reserves the right to amend these General Conditions (including the charges defined in article 9 or transfer of the contract to any company nominated by EMP corp) by indicating the changes on the www.empcorp-lux.com website two (2) months before they come into force and, when the user has created a Customer Space “MY Account”, by sending them the planned changes by e-mail. The User can oppose these amendments at any time during the 2-month period, by e-mail to contact@empcorp-lux.com. By default, the amendments are deemed accepted and the new online General Conditions prevail over previous General Conditions, notably in printed version.
By opposing the new General Conditions, the User terminates the contract with immediate effect. In this case the stipulations of article 17 are applicable.


13. Complaints - Mediator
13.1. Any justified complaint can be prepared online using an aftersales service module that can be accessed at http://www.empcorp-lux.com/faq or sent in writing to:

EMP corp
Service Après-Vente
6, PLACE DE NANCY
2212 LUXEMBOURG.


14. Disputes with merchants
14.1. The User does not accept any liability for services paid by Voucher or E-voucher. It is the User's responsibility to settle directly with the Partner or merchant website concerned any dispute of any nature with regard to Services or goods and services sold by the merchant site.
14.2. Reimbursement of a Service paid for with the Voucher or E-voucher payment solution is subject to the conditions of use of the Partner concerned. The User should find out from the Partner. According to the conditions defined by the Partner, this reimbursement may give rise to the issue of a new Voucher or E-voucher by EMP corp on behalf of the user.


15. Liability
15.1. The user disclaims any liability in the event of use of Voucher or E-voucher on a website that is not on the list of Partners, which is available on the www.empcorp-lux.com website.
15.2. EMP corp is only liable for direct damages suffered by the User, up to the balance remaining on the Voucher or E-voucher account, with the exclusion of any indirect damages, such as injury to reputation for example.
15.3. The Issuer’s liability may only be invoked in the event of non-execution or delay in execution of their obligations resulting from a case of force majeure in the meaning of those normally used by the Luxembourg courts.
15.4. In using Voucher or E-voucher requiring use of the Internet and mobile networks, the User accepts that they have an understanding (i) of the nature of the Internet and mobile networks and in particular their technical performance and the response times sometimes required for looking up or accessing information relating to E-voucher or Voucher and (ii) of the technical reliability relating to the data transmission of these networks, which being transmitted on standard networks with various characteristics and technical capacities may sometimes be overloaded or unavailable. EMP corp is not liable if it is difficult and/or temporarily impossible to gain access to view the balance of the Voucher or E-voucher electronically.
15.5. Likewise, EMP corp does not guarantee the permanent availability of Sales Outlets and Partners.
Moreover, their liability is expressly excluded in the event of a merchant website refusing to accept payment for a product or service with a E-voucher or Voucher.


16. Personal data
16.1. EMP corp does not collect any personal data concerning the User when purchasing a Voucher from a physical Sales Outlet.
16.2. The creation of a Customer Space “My Account”, the purchase of a E-voucher or voucher on the www.empcorp-lux.com website or the use of E-voucher or Voucher may give rise to the collection, processing and retention of data of a personal nature concerning the User for the purposes of sending them information relating to E-voucher and the management or reimbursement of E-voucher.
16.3. This data is intended for the Issuer and EMP corp, who reserves the right to send it to subcontractors for the aforementioned reasons. The User has a right to access and correct information about them. This right may be exercised by sending a written request to:

EMP corp
Service Après-Vente
6, PLACE DE NANCY
2212 LUXEMBOURG.

16.4. The User is informed that, in accordance with banking regulations, data relating to the Customer Space is retained for 5 years, even after closure of the Customer Space.


17. Suspension – termination
17.1. EMP corp reserves the right to block a E-voucher or voucher and/or to terminate these General Conditions of Sale with immediate effect in the event of non-compliance with these General Conditions by the User, suspicion of fraud or improper use of Voucher or E-voucher or in order to comply with a legal or regulatory obligation, without prejudice to all other rights and remedies.
17.2. The User may terminate these General Conditions at any time. To do this, they should contact contact@empcorp-lux.com. Termination is with immediate effect. The User’s E-voucher or Voucher are then immediately blocked and may no longer be used to make a transaction.
17.3. On termination, for whatever reason, the User may request the reimbursement of their Voucher or E-voucher under the conditions of article 8 above. Reimbursement charges provided for in article 9 will be applied.


18. Intellectual Property
EMP corp remains the owner of all intellectual property rights related to the Voucher or E-voucher.


19. Communications
Communications between EMP corp and the User are conducted in the English language.


20. Applicable law and competent courts
These General Conditions are governed by Luxembourg law. Failing amicable agreement, any dispute occurring in relation to this contract, with regard to its interpretation or its execution, will be a matter for the competent courts of Luxembourg.