According to these Conditions of Use of Viru Keskus’ Gift Cards (hereinafter ‘Conditions’), a Viru Keskus’ gift card (hereinafter ‘Gift Card’) purchased from the e-shop or information desk is a means of payment with a unique number, issued by Viru Keskus AS (registry code: 10932986, address: Viru Väljak 4, 10111 Tallinn; hereinafter ‘Viru Keskus’ or ‘Issuer’), that the User can use for paying for goods and services purchased from a Merchant, up to its Nominal Value. The Conditions specify the rules of issuing, circulation and use of Gift Cards. The following Gift Cards are used by Viru Keskus:
Gift Cards issued before 1 January 2011 with a Nominal Value of 200 (two hundred), 500 (five hundred) or 1000 (one thousand) Estonian kroons, with the value of Gift Cards issued in Estonian kroons being converted according to the official exchange rate of Eesti Pank on 1 January 2011, the date of Estonia’s adoption of the euro (1 EUR = 15.6466 EEK);
Gift Cards issued from 1 January 2011 to 14 May 2024 with a Nominal Value of 10 (ten), 20 (twenty) or 50 (fifty) euros; and
Electronic Gift Cards issued from 15 May 2024 with a Nominal Value from 20 to 500 (twenty to five hundred) euros.
The Gift Cards mentioned in clauses 1.1.1 and 1.1.2 are hereinafter referred to as ‘Paper Gift Cards’ and the Gift Cards mentioned in clause 1.1.3 are referred to as ‘Electronic Gift Cards’.
The terms with capitalised first letters have the following meaning for the purposes of these Conditions:
Expiry Dateis the last day (inclusive), as indicated on a Gift Card, on which the Gift Card can be used to pay for a Purchase at a Merchant. The Expiry Date of Electronic Gift Cards is 12 (twelve) months from the date of issue. Paper Gift Cards issued without a term shall be converted to fixed-term cards as of 15 May 2024 – all Paper Gift Cards shall expire on 1 June 2025.
Usermeans any person who possesses a Gift Card and uses it to pay for a Purchase.
Merchantmeans an entity offering goods or services in Viru Keskus, including Kaubamaja AS (a Gift Card can be used in their Beauty Department, Women’s Department and Food Department).
Client means a person who has purchased a Gift Card.
Nominal Valuemeans the amount of money indicated on a Gift Card, which the Client pays to the Issuer or to an authorised reseller of Gift Cards.
Purchasemeans the act of buying goods or services from a Merchant where the price is partially or fully paid with a Gift Card.
Balancemeans the share of the Nominal Value of a Gift Card that has not been used for Purchases. The User can check the balance of an Electronic Gift Card at the information desk of Viru Keskus or in the Viru Keskus Client App.
Devicemeans an electronic payment apparatus, such as payment terminal, integrated cash register or any other equipment used by a Merchant for reading data from the magnetic strip of an Electronic Gift Card and for authorising a Purchase.
Systemmeans the database of Gift Cards that includes details on the issue of, Balances and transactions made with Electronic Gift Cards, as well as software that verifies the validity and Balances of Electronic Gift Cards, confirms Purchase authorisations according to the Conditions, and performs other functions determined by its input parameters.
Service Price Listmeans a list of charges applicable to services related to Electronic Gift Cards approved by the Issuer. The Service Price List is an integral part of the Conditions and has been appended to the Conditions.
Gift Card Nominal Value
The Issuer sells Gift Cards with a Nominal Value ranging from 20 to 500 euros. The Client is free to choose the exact Nominal Value within this range in increments of 5 euros (e.g., 25€, 30€, 35€, etc.). From 15 May 2024, only Electronic Gift Cards shall be issued.
The Client can decide on the preferred Nominal Value when buying or ordering a Gift Card. The Nominal Value is marked on the Gift Card. A Gift Card cannot be topped up after it has been purchased.
Buying a Gift Card
The Issuer sells Gift Cards at the information desk of Viru Keskus and in the e-shop on the Viru Keskus’ website, https://virukeskus.com/kinkekaart/.
In order to buy a Gift Card, the Client should decide on the particulars required by the e-shop or the information desk of Viru Keskus, such as the number of Gift Cards, Nominal Value(s), design and other required information (incl. payment details for making a purchase in the e-shop, email address for communications related to the order, and a telephone number if the Client would like to receive order confirmation by phone), and pay the Issuer or an authorised reseller the amount corresponding to the Nominal Value of each Gift Card purchased.
The Nominal Value of a new Gift Card cannot be settled from the Balance of an existing Gift Card. The Issuer or an authorised reseller shall issue the Client the Gift Card after receiving payment of the Nominal Value in cash or a confirmation from the bank that issued the payment card. The Nominal Value is printed on the Gift Card before it is issued to the Client. The Issuer or an authorised reseller shall give the Client a receipt/invoice confirming the payment of the Nominal Value, incl. the amount of the Nominal Value and any other information required by law.
When collecting a Gift Card at the information desk, the Client is required to verify the accuracy of the Nominal Value, the amount indicated on the receipt/invoice issued to the Client, and the amount actually paid by the Client. The Client should immediately inform the staff of the information desk of any discrepancies. The Balance can be checked in the Viru Keskus Client App and at the information desk. The Nominal Value of a Gift Card that has been issued to the Client cannot be altered.
When ordering a Gift Card in the e-shop, the Client should make the payment via the Montonio payment link according to the displayed instructions. The Montonio payment platform service is provided by Montonio Finance UAB (registry code: 305205122). Before making a payment, the Client should always make sure that the information displayed in the payment platform is accurate. A Gift Card order submitted by the Client shall become binding on the Client after the payment for the Gift Card is made. The Issuer prepares an order confirmation/invoice for the Client, including an order number, and sends it to the email address indicated by the Client.
The Client shall be responsible for the receipt and/or any misuse of the order number (incl. unauthorised persons gaining access to the order number). A notification of the order number shall be deemed as received by the Client from the moment it is sent to the email address that the Client disclosed when submitting the order.
Gift Card orders submitted in the e-shop shall be fulfilled within 1 working day from the invoice payment – the Client is notified via the preferred channel (email or telephone) when the Gift Card is ready for collection at the information desk.
An ordered Gift Card can be collected at the information desk of Viru Keskus during the opening hours, which can be found at https://virukeskus.com/.
The Gift Card will be issued upon presentation of the order number without verifying the identity of the person who presents the order number or their right to receive the Gift Card.
When buying a Gift Card, the Client can select and buy a package (sleeve, box, etc.) offered by the Issuer for the price specified in the Service Price List.
The Issuer shall not be liable for any loss or damage resulting from a third party gaining access to the Gift Card, and the Client or the User shall not be refunded any amounts related to unauthorised use of the Gift Card.
A consumer has the right to withdraw from the Gift Card purchase transaction within 14 days from receipt of the Gift Card. In order to withdraw from the transaction, the Client should submit an unambiguous withdrawal request, in writing or in a format that can be reproduced in writing, via email or at the information desk, or use the standard form of a withdrawal request. Provided that the Gift Card subject to the withdrawal request has been returned to the Issuer, the amounts paid by the Client upon buying the Gift Card shall be refunded within 14 days from the receipt of the withdrawal request. Unless agreed otherwise between the parties, the refund will be made using the same payment method that the Client used for making the purchase. The Client shall lose the right of withdrawal if the Gift Card has been used during the term of withdrawal.
By scanning the Gift Card QR code or entering the number and validity period of the Gift Card in the Viru Keskus Client App, the User can link the Gift Card with a particular client account registered in the Viru Keskus Client App. When a Gift Card is linked to a client account, the account page can be used to review the linked Gift Card balance and general transaction data (total amount of transaction and name of the Merchant). Each Gift Card can be linked to only one client account and the user of a client account is not allowed to link a Gift Card to their account if they are not the User of that Gift Card. If a Gift Card is linked to a client account, it shall be assumed that the registered user of the respective client account is also the User of the linked Gift Card, and if such a Gift Card is handed over to a third party, the registered user of the respective client account shall be responsible for any consequences of the use of the Gift Card (incl. misuse of the Gift Card transaction data).
Making Purchases with a Gift Card
Anyone who has a Gift Card can use it for making Purchases without the Merchants being required to verify the User’s legal basis for using the Gift Card.
Gift Cards can be used for making Purchases at the Merchants operating in Viru Keskus.
The User can use a Gift Card before its Expiry Date for making an unlimited number of Purchases at one or multiple Merchants within the limits of the Nominal Value and the Balance of the Gift Card.
Before making a purchase, the Client should inform the Merchant of the amount they intend to pay from the Balance of the Gift Card.
A Merchant may not refuse to accept a Gift Card as a means of payment, except in the following situations:
Merchant’s Device is faulty (only for Electronic Gift Cards);
Gift Card is invalid according to the Conditions;
User wants to use the Gift Card for a Purchase or a type of Purchase that cannot be paid for with a Gift Card according to the Issuer’s previous autonomous decision or an agreement with the Merchant;
User wants to use the Gift Card for suspicious transaction(s), which shall include the following: (i) using an unusually high number (more than 10) Gift Cards for a single Purchase; (ii) combined Nominal Value of Gift Cards exceeding 2000 €; or (iii) Gift Cards with sequential or similar numbers – in such cases the Merchant has the right to contact the Issuer for additional confirmation before accepting the Gift Card.
The User should present the Gift Card to the Merchant before paying for the Purchase. For Paper Gift Cards, the Merchant shall perform a visual inspection of the Gift Card for authenticity and conformity to a sample card. For Electronic Gift Cards, payment for a Purchase is made by reading data from the magnetic strip and authorising the Purchase with the Merchant’s Device in the presence of the User. Upon authorisation of a Purchase, the System reduces the Balance of the Gift Card by an amount equal to the amount of the Purchase authorisation request generated by the Device. Purchase authorisation is rejected if the Balance is insufficient for covering the full amount of the authorisation request.
A Gift Card cannot be used for obtaining cash from a Merchant. The Balance cannot be used for buying a new Gift Card.
The Merchant shall issue the User a printout (receipt) confirming the completion or rejection of transaction (from the Device in case of transactions with an Electronic Gift Card). In case of transactions with an Electronic Gift Card, the confirmation shall include the Merchant’s details and the last four digits of the Gift Card number, a description of the Purchase and the amount paid by the Electronic Gift Card, provided that the Device used by the Merchant supports this function, and a cash register receipt. If the Merchant is unable to issue a receipt according to the Conditions, they should prepare a written statement of the transaction, which should be signed by the User and the Merchant.
The User undertakes to review at the cash register the details on the receipt issued by the Merchant or the Device and on the cash register receipt, and inform the Merchant immediately of any errors.
Purchase cancellation and withdrawal from transaction
An authorised Purchase transaction can only be cancelled subject to the Merchant’s consent in accordance with the transaction rules, or if the details on a receipt issued from the Device and given to the User deviate from the User’s actual transaction or from the details on the cash register receipt given to the User.
Cancellation of Purchases that have been paid for, in part or in full, with the Gift Card or withdrawal from the transaction is permitted in cases and in a manner set out in legislation, in accordance with the procedure determined by the Merchant.
Invalid Gift Cards
A Gift Card shall be deemed invalid if it has at least one of the following properties:
Past Expiry Date;
Balance of 0.00 €;
Damaged card (according to subsection 7.2, a damaged Gift Card can be replaced subject to the conditions set out therein);
Counterfeit card or a card with signs of counterfeiting. Invalid Gift Cards can be returned to the information desk of Viru Keskus.
Gift Card counterfeiting shall be construed to include, but not be limited to, the following situations:
Balance of a Gift Card significantly above the Nominal Value indicated on the card;
Gift Card not conforming to the Gift Card sample provided by the Issuer;
Gift Card not being registered in the System (only for Electronic Gift Cards);
Any other signs of counterfeiting on the Gift Card. A User of a counterfeit Gift Card shall lose all rights of the User from the moment the counterfeiting is discovered.
Gift Card replacement
The User is responsible for keeping the Gift Card in a usable condition.
A physically damaged Gift Card that cannot be used to pay for Purchases can be replaced with a new Gift Card, provided that the whole card number (for Paper Gift Cards) or magnetic strip (for Electronic Gift Cards) is readable. A request to replace a damaged Gift Card may be made with the Issuer before the Expiry Date of the damaged Gift Card, by contacting the information desk of Viru Keskus.
Upon replacement, the User is issued a new Gift Card with the same Expiry Date and Balance as on the card being replaced.
A Gift Card with the whole card number or magnetic strip not fully readable shall not be replaced.
Complaints
Any complaints related to a Gift Card can be submitted to the Issuer’s email address, info@virukeskus.com, or at the information desk in Viru Keskus, specifying the name of the complainant, the number of the Gift Card, the transactions made with the Gift Card, the reason for complaint, justifications and the complainant’s claim. The Issuer may ask the complainant to provide additional information (incl. personal data) if this is required for resolving the complaint.
Any complaints related to a Gift Card and the transactions where the card was used shall be submitted to the Issuer within reasonable time after the contested transaction.
The Issuer shall review any complaints within 10 (ten) working days after receiving the complaint, and shall send the User a response in writing.
Intellectual property and privacy
Copyright to the design of the Gift Card, and the right to use the trademarks, logos and other distinguishing marks on the Gift Card, is held by the Issuer, the Issuer’s contractual partners and their related entities. The transfer of a Gift Card to the Client or to the Users does not entitle the Client or the User to partial or complete reproduction or use of the trademarks, logos, or other distinguishing marks on the Gift Card.
Information regarding personal data protection in relation to the acquisition and use of Gift Cards is available in the Privacy Policy of Viru Keskus.
Other conditions
Any physical, electronic or other tampering with the information on the Gift Card or its magnetic strip is prohibited. The Issuer has the right to invalidate the Gift Card and to forward the information to law enforcement authorities if any tampering is detected with regard to the information on the Gift Card or its magnetic strip.
Viru Keskus retains the right to unilateral amendment of the Conditions. Amended Conditions shall be binding on all Clients and Users from the moment of their disclosure on the website, https://virukeskus.com/.
The Conditions are governed by the law of the Republic of Estonia. If a provision of the Conditions becomes invalid due to a conflict with the law, it shall not affect the validity of the remaining provisions.
Any disagreements and disputes arising from the Conditions shall be settled, as first priority, through negotiations between the parties. If settlement of a disagreement through negotiations is not possible, the dispute shall be settled in a court. If the respondent in a dispute is a natural person engaged in economic professional activities, or a person who has moved to a foreign country after buying or using a Gift Card, or a person whose place of business, residence or location is unknown at the time of filing the action, the competent court for dispute settlement shall be Harju County Court. A consumer has the right to ask the Consumer Disputes Committee at the Consumer Protection and Technical Regulatory Authority to resolve the dispute.
It the Conditions are also drafted in any other language, the Estonian version shall prevail.
