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The purpose of these General Terms and Conditions of Sale and Use (hereinafter the “Terms”) is to define the rules applicable to the sale of Experience Gifts, as well as their use. They are valid from 2nd December 2019 for any purchase and/or use made from this date.
Any User/Buyer/Beneficiary declares that he has the legal capacity, to contract and use the Site according to the Site’s Terms.
Smartbox Group Ltd, (hereinafter, “Smartbox”), a company incorporated in Ireland, with registered office at Joyce’s Court, Block A, Talbot St, Dublin 1, D01 FV59, Ireland, registered in the Irish Companies Register under number 463103, issues and markets Experience Gifts, on behalf of its partners which provide the services offered in the Experience Gifts.
The terms defined, starting with a capital, both in plural and singular, shall have the following meaning in the Terms.
Purchaser: means a person who purchases an Experience Gift.
Beneficiary: means a person using the Experience Gift.
Experience Gifts: Experience Gifts are issued and marketed by Smartbox and enable the Beneficiary to access a Service of his/her choice from the list of Partners available and accessible on the Site.
The Experience Gifts are broken down into several formats: the “Gift Box”, the “E-Box”, the “Gift Card”, the “Preferential Packages”, the “Web Exclusive” and “Unique Experiences”:
The “Gift Box” is presented in physical format with a box which contains a Gift Voucher as well as a paper brochure presenting some of the Partners included in the offer of the corresponding Experience Gift offer (full list of Partners may be consulted on the Site). It could be either:
The “E-Box” is an electronic version of the Gift Box.
The “Gift Card” is a new format of the Experience Gift and is only available in large supermarkets and/or in Smartbox stores with the exception of the Site.
The “Preferential Packages”, only presented in electronic format, offer unique Services at competitive prices and may be subject to restrictive conditions of use and/or availability. These are specified on the website describing the experience offered by the Partner.
“Web Exclusives”, only presented in electronic format, is only available for purchase on the Site.
The “Unique Experiences”, only presented in electronic format, correspond to a Service which is only valid with a single Service Provider, already determined in the offer.
The Experience Gifts are always accompanied by a Gift Voucher (see definition above).
The list of available Partners and Service Providers of the Experience Gifts is accessible directly on the Site.
Gift Voucher (also referred to as a “voucher”): may be presented:
In all cases the Gift Voucher has no face value and makes it possible to benefit from the chosen Service in exchange for the Gift Voucher or to choose one or more Experience Gifts on the Website.
The Purchaser should carefully read this Section 1, as well as Section 3 (General Provisions) of these General Terms and Conditions, also applicable to online Purchases.
The Purchaser may make his/her Experience Gift Purchases online via www.smartbox.com/ie.
The procedure for placing orders on the Site includes, in particular, the following steps:
The opening of an account automatically gives access to a personal space allowing the Purchaser to manage his/her orders, any Experience Gifts and/or Smartbox credits, his/her exchanges of Experience Gifts as well as personal information entered in his/her personal space. The Purchaser guarantees in this regard that all information that he/she provides to Smartbox will be accurate, up-to-date and not misleading. He/she undertakes to update this information through his/her personal space in case of changes. The Purchaser is informed and accepts that the information entered for the purpose of creating or updating his/her account shall constitute proof of his/her identity. Information entered by the Purchaser shall be binding on him/her from its validation.
The Purchaser also undertakes to ensure that the confidentiality of the personal login and password is maintained. Any intervention carried out with the Purchaser’s login and password shall be deemed to have been carried out by him/her with the Purchaser remaining solely liable. The Purchaser therefore expressly holds Smartbox harmless in the case of misuse or fraudulent use by third parties of elements of his/her identification and or his/her account. In case of loss, theft or any fraudulent use of his/her login details or passwords, the Purchaser must immediately inform Smartbox in order to obtain a replacement.
For payments by bank card, the contract shall only be finally concluded on acceptance of the payment by the bank.
In case of payment by Smartbox gift voucher, the contract shall be finally concluded on validation of the Smartbox gift voucher number and its activation code.
Smartbox reserves the right to cancel or to refuse any order from a Purchaser with whom there may exist a dispute regarding payment of a previous order which has remained unpaid, or in the case of suspicion by Smartbox of a fraudulent order being made by the Purchaser.
Upon final validation of the order, Smartbox will send an email order confirmation to the Purchaser including all relevant information regarding the said order. By printing and/or keeping this email, the Purchaser has a means of evidencing of his/her order. In the event of an E-box order, the Purchaser will automatically receive a copy of the gift voucher if he is not the Beneficiary thereof.
This email order confirmation must be kept by the Purchaser, and if applicable, sent to the Beneficiary. It will in fact be necessary and automatically requested by Smartbox as a means of proof of Purchase in the event of a problem of non-activation of the Experience Gift or exchange ( see Section 2 - Article 2.1.1).
The Experience Gifts prices, displayed on the Site, are those available on the date of the order.
The Experience Gifts are not subject to VAT.
For Gift Boxes, the shipping costs (– see Section 1 - Article 1.4.4) are not included in the price, unless expressly stated by Smartbox. These costs are therefore invoiced in addition and indicated prior to the final confirmation of the order. The shipping costs are subject to VAT.
At the Purchaser’s option, the payment of the order may be made by bank card, PayPal, or by Smartbox leisure box cheque by using to the following methods:
In order to protect the Purchaser and Smartbox against any fraudulent practice, the Experience Gift orders are subject to regular controls. In the context of this procedure, Smartbox may have to suspend processing an order and contact the Purchaser or Beneficiary to obtain the proof required to release the order: proof of residence, identity or bank. This proof must correspond to delivery and invoicing details entered at the time of the order, as well as, if applicable, the details of the bearer of the payment card used.
For an order which presents a delivery address which differs from the invoicing address, Smartbox may have to make contact with both persons mentioned, namely, the person indicated in the invoicing address and the person indicated in the delivery address.
Information obtained in this context may be subject to automated data processing, whose purpose is to define a level of security of transactions and to prevent credit card fraud.
This proof may be requested by email, post or telephone. The order may be cancelled if such proof is not sent.
Pursuant to the provisions of the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013, the Purchaser has, , the right to cancel his/her online Purchases within fourteen (14) calendar days from the date on which you acquire physical possession of the goods, without having to provide a reason or to pay penalties. This right to cancel does not apply to Purchases in Stores or to online Purchases made using a Smartbox credit generated following an exchange.
The Purchaser may exercise his/her right to cancel by:
In all cases, the Purchaser will not have to return the Experience Gift by Post, and must provide the following information:
Once the order cancellation request has been received by Smartbox, it will send the Purchaser an acknowledgement of receipt of his/her cancellation by email.
Any cancellation made in accordance with the conditions of this term will give rise to the full reimbursement of the sums paid, including the corresponding standard delivery costs, within fourteen (14) days from the date on which the Purchaser informs Smartbox of his/her decision to cancel.
Reimbursement shall take place (at no expense to the Purchaser) using the means of payment used for the initial transaction, unless the Purchaser gives his/her prior and express approval to another means of reimbursement.
Once the Purchaser has used his/her right to cancel, the Experience Gift may no longer be used.
Due to the limited hosting capacities of Partners and to the limited period of validity, Experience Gifts are produced in limited quantities.
In the event of a temporary or definitive stock shortage, the Purchaser shall be informed of this and the order will not continue in this format.
Smartbox ships the Gift Boxes only in the Republic of Ireland and Northern Ireland.
The Gift Boxes are delivered to the address provided by the Purchaser at the time of his/her online Purchase. Smartbox cannot be held liable for any error made by the Purchaser in respect of the address provided, or for the unavailability of the recipient of the Gift Box at the time of delivery. The Purchaser may nevertheless contact Smartbox according to the conditions specified in Section 3 - Article 3.1 below.
The maximum delivery deadline is 30 business days from order confirmation.
The Purchaser will receive an email confirming the shipping of his/her order, indicating the carrier’s tracking number, for the purposes of monitoring the transport of his/her order.
The delivery may be made according to the option chosen by the Purchaser at the time of his/her order.
For information purposes, from receipt of the shipping confirmation email, the average shipping period and cost, is estimated as follows:
*The E-boxes are delivered by email and are not subject to any additional shipping costs
All Gift Boxes delivered must be carefully inspected by the recipient. If the Gift Boxes are damaged or have missing items, the recipient must report this in writing directly on the delivery note.
The Purchaser must also indicate and provide evidence to the carrier, by registered letter, within 72 working hours from receipt of the disputed order.
If there are no complaints made within this period, the order shall be deemed to have been delivered in good condition and may not be subsequently disputed with Smartbox, subject to the Purchaser exercising the legal conformity and latent defects guarantee.
In the event that the Purchaser notices that the Gift Box delivered does not conform with the Gift Box purchased online, he or she must contact the Smartbox Customer Services (see Section 3 - Article 3.1).
Experience Gifts are activated at the time of payment. An Experience Gift may not be used if it has not been activated. In the event of an activation problem, proof of purchase of the Experience Gift (order confirmation email or sales receipt) must be submitted to Smartbox in order to ensure activation.
Smartbox offers each Beneficiary of Experience Gifts the possibility to be guaranteed free of charge against the loss or theft of his/her Gift Voucher. In order to benefit from this guarantee, the Beneficiary must a personal account on the Site and register this Gift Voucher number. In the event of loss or theft of this physical Gift Voucher, and on condition that the latter has not been used in the meantime, the Beneficiary may call Smartbox Customer Service and request that the lost or stolen Gift Voucher be exchanged for another E-box of an equal amount to the purchase price of the lost or stolen Gift Box, and with no processing costs. Note: If the lost or stolen Gift Voucher has been used before the request for exchange, no exchange will then be possible.
In order to avoid any fraudulent use, the Beneficiary should take any necessary measures to preserve and protect the confirmation code and identification number (entered on the Gift Voucher and appearing on the back of the Gift Box).
Furthermore, the registration of the Voucher on the personal account will enable Smartbox to send the Beneficiary regular information regarding the Partners contained in the Experience Gift (see Article 2.1.3 below).
The Gift Voucher gives the right to different services from one Partner to the next, it being possible to make the reservation either directly with the Partner or online.
The Gift Voucher is only valid for a single Service to be chosen from those offered with the Experience Gift (see full list of Partners on the Site), with the exception of Unique Experiences for which the Service Provider and Service are already defined at the time of the purchase.
The content of the Services and the list of Partners corresponding to the Experience Gift are subject to change, and the list of Partners and Services offered are updated regularly on the Site (see Article 2.1.4 below).
Furthermore, please note that the photographs and editorial content presented in the Experience Gifts are not contractual and are likely to change. Any reproduction in full or in part is prohibited.
Please also note that the Partner is still liable for the performance of the Service, with Smartbox being liable to the extent permitted by law. If applicable, Smartbox shall nevertheless make its best efforts to attempt to find an amicable solution to the dispute between the Beneficiary and the Service Provider.
Notwithstanding the above, and only with regard to tourism package holidays and stays (see Section 2 - Article 2.4.2) Smartbox shall be liable in the event of breach of contract in performing the said Services, such that the Beneficiary shall be entitled to approach Smartbox and/or the defaulting Service Provider in case of problems related to the performance of the Service.
As Smartbox cannot guarantee the continued availability of Partner offers selected by the Beneficiary, it is strongly recommended that the Beneficiary goes to the Site as soon as possible and consults the list of Partners in order to select his/her choice and to quickly reserve his/her Service.
Subject to any information to the contrary on the Partner’s page, the Gift Voucher is valid every day of the week, including weekends (depending on availability and the Partner’s days and times of opening).
Provision of the selected Service will only be possible on presentation of the following:
Aside from the online reservation, the service will be provided after the Partner has checked the status of the Gift Voucher.
The Partners selected by Smartbox have declared to Smartbox that they are covered by professional third-party liability insurance for amounts deemed to be sufficient in view of the supply of Services and that they have all the authorisations and certificates to allow them to exercise their activity in a lawful manner in compliance with applicable legal provisions and regulations.
The Beneficiary should always check whether he himself or she herself is covered by sufficient insurance in order to participate in certain high-risk sporting activities offered by Partners. The Beneficiary is reminded that even if Services are provided under good safety conditions, he/she should not disregard basic rules of caution for sporting activities, in particular high-risk sporting activities. The Beneficiary shall consequently accept the risk of engaging in such high-risk activities.
The Beneficiary shall be informed if the Service included in an Experience Gift consists of a meal for which the menu has been previously agreed between the Partner and Smartbox. Unless otherwise indicated, the Beneficiary will not be able to choose his/her meal freely from the Partner's à la carte menu.
Please note that under the provisions of Section 32 of the Intoxicating Liquor Act 1988 (as amended), the sale of alcoholic drinks to persons under the age of 18 years is prohibited. Any Services that include the supply of alcoholic drinks will not be available to any persons under the age of 18. Excessive consumption of alcohol is harmful to your health. It must be consumed in moderation.
Note: For reasons linked to electronic data retention, Smartbox reserves the right, to retain personal data obtained in connection with the provision of the services after the expiry date of the Services included in the Gift Boxes/E-Boxes to delete from its databases the numbers of Gift vouchers or credits linked to these Gift Boxes/E-Boxes. It is still possible to exchange the Gift Voucher in the event that data may have been deleted, subject to the despatch of the original Gift Voucher by post to the Customer Service accompanied by an exchange request.
In order to be informed of the exchange terms and conditions of Gift Boxes or E-Boxes, Smartbox recommends that Beneficiaries consult the general terms and conditions of sale applicable at the time of their sale and purchase on the Site by clicking on the button “general information” and “General Terms and Conditions of Sale”.
The Gift Boxes/E-Boxes may have different validity periods or conditions depending on the collection to which they belong and their category. In this regard, Smartbox reserves the right to supplement and / or modify the list of Experimental Gifts or to cease their distribution at any time and at its sole discretion.
Irish Gift Boxes or E-Boxes marketed between 1 September 2018 and 31st August 2019marked with the following information:
All Gift Boxes/E-Boxes have a two year term of validity from their date of purchase.
Irish Gift Boxes or E-Boxes available from 1st September 2019
These Gift Boxes/E-Boxes shall be marked with the following information:
For more information on these terms and conditions of exchange, please see Article 3 below.
In accordance with the Consumer Protection (Gift Voucher) Act 2019, any Gift Box/E-Box purchased from the 2nd of December 2019 shall have a validity period of 5 years.
For information on the exchange conditions applicable to the Gift Box/E-Box, the Beneficiary should refer to the general terms and conditions of sale applicable at the time of purchase of his/her Gift Box/E-Box. These conditions are available on www.smartbox.com/ie/terms-and-conditions/.
In all cases, the exchange applies only to Gift Boxes/E-Boxes where a Gift Voucher has not been used.
The Gift Box/E-Box is non-refundable, save in circumstances where the right of withdrawal is being exercised.
Exchanges are always made in terms of the purchase value of the Gift Box/E-Box to be exchanged, namely in terms of the price actually paid by the Purchaser, after any reduction or rebate.
With the exception of Gift Boxes in their second definition, the Beneficiary has the right to exchange for a Gift Box/E-Box of a higher value than that purchase, subject to him/her paying the price supplement on the Site.
This exchange shall allow him/her to benefit from a new Experience Gift for which the validity period shall be identical to the remaining validity period of the original Experience Gift. In the event that the Beneficiary wishes to extend this period of validity, it will be possible to do so by following the conditions outlined in Article 2.4 below.
|Experience Gifts, excluding Gift Boxes in their second definition||Experience Gifts, excluding Gift Boxes in their second definition, where the validity date* has been exceeded by up to 6 months|
|Exchange on Site||Exchange possible and free of charge for an E-Box the value of which is an amount equal to the purchase value following any reduction or rebate.||Exchange possible for up to 6 months following the expiry date for an E-Box the value of which is equal to or less than the purchase value following any reduction or rebate.
This exchange is subject to a fee of €15.
|Exchange through Customer Services||Exchange possible for an E-Box the value of which is an amount equal to the purchase value of the Gift Box or E-Box following any reduction or rebate.
This exchange is subject to a fee of €10.
|Exchange possible up to six months following the expiry date for an E-Box whose value is equal to the purchase value of the Gift Box or E-Box following any reduction or rebate. This exchange is subject to a fee of €15.|
For reservations made by the Customer Services by telephone, the processing fees will be invoiced and subject to VAT.
Smartbox also offers Beneficiaries the option of exchanging their Experience Gift, irrespective of the chosen method of exchange, for a Gift Box (physical), subject to the payment of €10.
Note: For further information on the exchange of Gift Cards please refer to the General Terms and Conditions of Use accessible on our website under the “Legal Notices” section. www.smartbox.com/ie/terms-and-conditions.
With the exception of Gift Boxes in their second definition, Experience gifts are renewable, during their period of validity, except discontinuance as indicated above in Article 2.2.
With the exception of Experience Gifts from the 2018 Collection for which it is specifically indicated " free renewal", renewal is subject to a fee of 15 € including VAT for any Gift of Experience purchased as from September 1, 2019. These costs are subject to change. The Beneficiary is invited to consult the Site to find out the amount on the day of the desired renewal. In addition, the renewal of other Gifts of Experiences may be subject to the payment of an additional price if the Gift of Experiences object of the renewal has, since its date of purchase, experienced a price increase. The Purchaser or the Beneficiary wishing to renew his Gift of Experiences must then pay the difference between the purchase price of the Gift of Experiences (including the purchase value after reduction or possible discount) and the new price of the Gift of Experiences.
If the Buyer or the Beneficiary does not wish to renew his Gift of Experiences by paying this difference in price, it will then be possible for him to proceed with an "exchange" of his Gift of Experiences, under the conditions described in Article 2.3. above of these Terms and Conditions.
Holiday reservations may be made, depending on the selected Partner, either directly with the Partner or via the e-Resa booking system offered by Smartbox. In order to benefit from this reservation system, the Beneficiary must first have created a personal account and registered his/her Gift Cheque.
To consult the reservation conditions online, the Beneficiary is requested go to the section on the Site: www.smartbox.com/ie/terms-and-conditions/.
The European Directive 2015/2302 of the European Parliament and Council of 25 November 2015 on Package Tours and related Travel Services may affect certain Services.
If this is the case, the Beneficiary shall be informed thereof, prior to validating his/her online reservation.
Any other request for information and clarification regarding, in particular, the purchase, reimbursement, exchange or operation of Experience Gifts, must be sent by post to Smartbox Group Ltd – Customer Service – Joyce’s Court, Block A, Talbot St, D01 FV59, , Ireland; orvia our Site by referring to the “Help” section.
Within the scope of deliveries of Experience Gifts, Smartbox is liable for the legal guarantee of compliance and hidden defects (provided for in the Liability for Defective Products Act 1991 (as amended)).
Within the scope of the performance of Services, it is acknowledged that Smartbox acts as an agent representative and intermediary by offering Beneficiaries Experience Gifts in order to benefit from one of the Services contained in the Experience Gift. Its liability is therefore limited to its status as an agent, with the Partner remaining solely liable for the smooth performance and compliance of its Service, excluding Tourist Packages.
Smartbox will collect and process certain Personal Data from and about Users, Buyers and Beneficiaries submitted through the Site and through the sale of Experience Gifts. For further information on how Smartbox processes this personal data please read the Smartbox Privacy Statement available on the Site www.smartbox.com/ie/privacy-policy/.
The Experience Gifts and the Site, are the proprietary property of Smartbox or it licensors This also includes, but is not limited to, copyrights, trade marks, information about technology, and other proprietary rights, and may be provided in the form of wording, photographs, images, icons, logos as well as audio and video downloads, links or source codes (the "Smartbox IP"). Smartbox retains the rights to the Smartbox IP and reserves all rights in respect of same.
It is strictly prohibited to reproduce, represent, change, send, publish or adapt, on any medium whatsoever, by any means whatsoever, or to exploit in any manner whatsoever, all or any part of the Smartbox IP without the prior written authorisation of Smartbox.
All materials incorporated or accessible through the Site or the Experience Gifts including the Smartbox IP are the exclusive property of Smartbox, Smartbox partners or the original creators of such subject matter and, are the subject of the protection conferred by intellectual property rights.
By accessing the Site, the User, Purchaser and Beneficiary are granted a non-exclusive, non-transferable, non-sub licensable, revocable and limited licence to use the Site content only for their own private use.
Therefore, the reproduction of any and all documents published on the Site is only authorised for the exclusive purposes of information and strictly for private and personal use.
Any full or partial reproduction adaptation copying, modification, sale, distribution, extraction, re-use, transmission, republication, downloading display or any other exploitation of the Site, the Smartbox IPor any one of the items comprising the Site and belonging to Smartbox or to third parties, on any medium whatsoever, for purposes other than personal and private use, and in particular commercial purposes, without the prior written authorisation of Smartbox or third party holders of intellectual property rights is strictly prohibited.
The fact that Smartbox does not enforce one of the clauses of these General Terms and Conditions may not be interpreted as renunciation on the part of Smartbox to subsequently avail itself of any one of the said conditions.
These General Terms and Conditions and the contract entered into at the time of placing an Experience Gift order, including matters affecting their validity, interpretation, performance or cancellation, shall be subject to Irish law. In the event of any disputes, the Parties undertake, prior to taking any legal action, to jointly seek, in good faith, an amicable solution within a period of thirty (30) days. Any claim will therefore first be made in writing to the Smartbox Customer Service by completing the form available on the Site or by contacting Smartbox, with supporting documentation, at the following address: Smartbox Group Limited - Service Client - Joyce’s Court, Block A, Talbot St, Dublin 1, D01 FV59, Ireland.
The Purchaser and the Beneficiary are informed that they may also lodge a claim with the European Online Dispute Resolution Platform accessible at the following URL address: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&reload=false If no amicable agreement can be reached, the dispute will then be subject to the exclusive competence of the court of the jurisdiction in which the Purchaser or the Beneficiary has his/her domicile or normal residence, subject to mandatory rules of procedure to the contrary.