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.