Terms of Use
1. GENERAL
1.1 These are the Terms of Use that govern all use of the New Gifts Store Platform. These Terms of Use set forth the legal relationship between New Gifts Store and the User. New Gifts Store is owned and controlled by MarketDealLTD (registered address 7 Bell Yard, London, England, WC2A 2JR, registration number 14733800). These duties are described in this article.
1.2 After completing the registration form on the newgiftsstore.com website, the User must accept the Terms of Use, which include the Privacy Policy. The Account will subsequently be made active, enabling the User to use the Platform. The User is required to abide by these Terms of Use.
1.3 New Gifts Store has the right to change any of the Terms of Use’s components at any moment. New Gifts Store pledges to give adequate notice of any changes before they take effect. Once they are posted on the Platform’s website, the changes become effective. The User should review the Terms of Use to see whether there have been any changes before using the Platform.
1.4 Deviations from the terms of the Terms of Use are only permitted with New Gifts Store’s written consent. The remaining terms of the Terms of Use are unaffected if a judge rules that one or more of them are invalid.
1.5 The original English text of these Terms of Use shall prevail in case of any inconsistency with any translation of such text.
2. THE PLATFORM
2.1 New Gifts Store’s Platform is a website where Users can buy the Products that New Gifts Store sells.
2.2 Users must first register an account before they may buy Products from the Platform.
3. DEFINITIONS
3.1 Account: The User’s account that they set up to access the Platform.
3.2 User: Any individual who accesses the Platform.
3.3 Terms of Usage: these Terms of Use, which are applicable to all Platform uses.
3.4 IP Rights: This term refers to intellectual property rights, which include but are not limited to brand rights, service brands, logos, trade names, model rights, patents, copyrights, database rights, personality rights, and rights to know-how and other intellectual property, whether registered or not, as well as all rights or other forms of protection similar to or having similar effects as the aforementioned, existing anywhere in the world.
3.5 Registration Form: This is the form that must be completed on the Platform in order for the User to accept the Terms of Use, create an Account, buy New Gifts Store products from the Platform, and then enter into Purchase Agreements with New Gifts Store. Visit newgiftsstore.com/auth/sign-up to access the Registration Form.
3.6 Buyer: the User who registers for an account and buys Products from the Platform.
3.7 Purchase Agreement: The contract between New Gifts Store and the Buyer for the acquisition of Products from the Platform.
3.8 Platform: New Gifts Store’s platform for transactions, via which Users can buy its products, leading to a purchase agreement between New Gifts Store and the Buyer.
3.9 Product(s): Digital goods offered on the Platform by New Gifts Store.
3.10 Code: A code that enables the Buyer to redeem a certain prepaid card and is attached to the card.
4. ACCOUNT TO ACT THROUGH THE PLATFORM
4.1 All Users who intend to act through the Platform must first register an Account in order to make purchases on the Platform. As soon as the Account is created and activated, the intended User is able to buy Products from the Platform in accordance with the Terms of Use.
4.2 The User is always entirely responsible for how their account is used and who has access to it. The Account and Platform must only be accessed by individuals who are authorized to conduct transactions, according to New Gifts Store.
4.3 New Gifts Store retains the right to refuse the User’s application for an Account, impose additional conditions on the formation or use of an Account, suspend an active Account, or delete an Account without providing a reason. New Gifts Store may take such action, for instance, if it suspects fraud, theft, money laundering, or terrorist financing; if it believes Products are sold to one or more commercial third parties; if it believes that one or more of these Terms of Use and/or laws and regulations are broken; if it believes that use of the Account interferes with the Platform’s smooth operation; or if it believes that use of the Account may, in its sole discretion, damage New Gifts Store’s reputation or the reputations of other
4.4 New Gifts Store is also allowed to stop making specific Platform features available to the User at any time.
4.5 If the User doesn’t fulfill their payment obligations to New Gifts Store, New Gifts Store has the right to suspend access to the Account in question until those obligations are fulfilled.
4.6 If an Account is restricted for whatever reason, it is prohibited from using the Platform going forward.
4.7 Users waive any claim to damages or other compensation and agree not to make any claims for payment from New Gifts Store in the event that their Account is discontinued or terminated.
4.8 All passwords used to access an Account are kept completely confidential. Such passwords must always be kept in strict confidence by the user.
5. THE PURCHASE AGREEMENT
5.1 By hitting the electronic “Purchase” button, the Buyer who is logged into the Platform can purchase a New Gifts Store product. By selecting “Purchase,” the User agrees to the terms of the purchase agreement between New Gifts Store and the Buyer and accepts the product from New Gifts Store. The risk of the User’s decision rests with them. Purchased goods cannot be returned.
5.2 In the case of obvious errors or inaccuracies in the Product information on the Platform, New Gifts Store is not liable.
5.3 As part of the Purchase Agreement, the Parties waive their right to terminate the Purchase Agreement for a lack of agreement ad idem.
5.4 The parties expressly forgo their right to terminate the Purchase Agreement for want of agreement ad idem as part of the Purchase Agreement.
6. EXECUTION OF THE PURCHASE AGREEMENT
6.1 Both the Buyer and the Seller are required by the terms of the Purchase Agreement to carry out their respective obligations. In this Article, these duties are described.
6.2 Buyer must give New Gifts Store the entire purchase money.
6.3 The Buyer must make sure there is enough money on hand before making the transaction.
6.4 Before the Products may be provided or downloaded, the Buyer must pay New Gifts Store the full cost of the card. Until payment has been received by New Gifts Store, the Products will not be distributed and cannot be recovered.
6.5 Delivery will take place via sending the prepaid card number (code) to the Buyer’s account when the money has been received. As soon as the codes are obtained, the Buyer assumes the product’s risk.
6.6 The User is not allowed to pause or reverse any payments.
7. DURATION AND TERMINATION
7.1 The account is granted to the user for a year. Next, an implicit renewal of the account occurs.
7.2 The User has the right to request the deletion of their Account and all personal information by sending a written notification via email.
7.3 Cancellation notifications must be sent through email.
8. REFUND / CANCELLATION POLICY
8.1 Gift card purchases are not eligible for refunds.
8.2 Refunds are only possible in the case that there are technical issues with the service we offer and/or other issues that are the result of our own errors. The User may ask for a refund within 14 days after the first transaction in accordance with UK law.
8.3 All refund requests must be made in person through the appropriate channels.
8.4 All refund claims will be processed using the same payment method as the initial financing
9. PAYMENT SERVICES
9.1 The maximum amount of one-time transaction is 1000 EUR.
9.2 The User has access to a number of outside payment services. Any payment system’s smooth operation is not the responsibility of New Gifts Store, and any transactions made through such a system are specifically not covered by the company’s services or any Purchase Agreements made through the Platform. New Gifts Store is not a party to any disputes involving payment services.
9.3 The User is responsible for paying any fees levied by banks and payment processors, such as transaction and chargeback fees.
10. TRANSFER OF RIGHTS AND OBLIGATIONS
10.1 No person may ever sell, assign, pledge, or otherwise dispose of the rights or obligations arising from or under these Terms of Use.
10.2 New Gifts Store is free to sell, pledge, or otherwise dispose of its claims.
11. SECURITY
11.1 Each User should take appropriate, cutting-edge organizational and technological measures to protect electronic data transfers and ensure a secure online environment.
12. PRIVACY
12.1 The New Gifts Store Privacy Policy, a key component of these Terms of Use, has been reviewed and accepted by the user.
13. REPORTING ABUSE
13.1 The User might be required to assist in stopping the improper use of the Platform or the Products. Abuse includes, but is not limited to, theft, fraud, money laundering, support of terrorism, the sale of Products to commercial third parties, and any other action or inaction that contravenes these Terms of Use, applicable laws, and/or otherwise negatively impacts New Gifts Store. Information regarding suspected misuse should be sent to info@newgiftsstore.com.
14. MAINTENANCE
14.1 Work on enhancing the Platform’s functionality continues during business hours.
15. FORCE MAJEURE
15.1 New Gifts Store shall not be obligated to perform any obligation to the User if New Gifts Store is precluded from performing such obligation by causes which New Gifts Store cannot be held responsible for under applicable legislation, by virtue of a legal action, or by reason of general opinion. For the purposes of these Terms of Use, force majeure includes all outside circumstances, both anticipated and unforeseen, which are beyond New Gifts Store’s control and prevent New Gifts Store from fulfilling its obligations. These circumstances include force majeure affecting New Gifts Store’s suppliers, noncompliance by suppliers selected by the User, such as payment systems, legislative measures, power outages, and internet break-ins, or problems with telecommunications infrastructure, conflicts, fires, riots, mishandled corporate infrastructure, and general transportation problems.
15.2 In the event of force majeure, New Gifts Store may choose to postpone their obligations.
16. LIABILITY
16.1 New Gifts Store expressly disclaims all liability for any indirect or consequential damages, lost profits, lost savings, diminished goodwill, business interruption damages, damage brought on by claims from User’s customers, and damage brought on by the use of third-party products, services, or software selected by the User. The loss, alteration, or destruction of data or documents is also not covered by New Gifts Store’s liability policy.
16.2 New Gifts Store disclaims responsibility for any damage resulting from errors in services rendered or goods offered by third parties.
16.3 New Gifts Store disclaims any liability for damage resulting from non-stocked products.
16.4 New Gifts Store is not liable for any damages brought on by Platform outages, including those brought on by the installation of upgrades or other measures to enhance Platform performance, or by bugs and errors in New Gifts Store’s IT infrastructure.
16.5 New Gifts Store disclaims any liability for damage resulting from account hacking.
16.6 New Gifts Store is not liable for any losses sustained as a result of client withdrawal-related claims. The User is responsible for New Gifts Store’s defense in any consumer disputes resulting from the right of withdrawal.
16.7 Any damage brought on by a faulty or expired Product code is not New Gifts Store’s fault.
16.8 The exclusions and limitations of liability set out in the aforementioned paragraphs are in addition to any other exclusions and limitations set forth in these Terms of Use by New Gifts Store.
16.9 If and to the extent that the loss is brought about by the deliberate action or willful negligence of New Gifts Store’s business management, the exclusions and limits mentioned in the preceding sections do not apply.
16.10 New Gifts Store’s liability for imputable non-compliance with the agreement exists only if the User briefly notifies New Gifts Store of the error, giving them a reasonable period of time to correct the non-compliance, and New Gifts Store blatantly failed to perform their obligations even after that term has passed, unless compliance is completely impossible.
16.11 The notification of failure must give a complete and accurate assessment of the noncompliance in order for New Gifts Store to react appropriately.
16.12 The User defends New Gifts Store from all third-party claims under product liability arising from a weakness in a Product or code that the User transferred to a third party and that originated from New Gifts Store, unless and until the User shows that the damage was brought on by that Product or code.
16.13 All people and legal entities engaged by New Gifts Store to carry out the Terms of Use are subject to the provisions of this article, as well as any other limitations and exclusions of liability mentioned in these Terms of Use.
16.14 The provisions of this article and other limitations and exclusions of liability set forth in these Terms of Use shall also apply to Purchase Agreements.
17. INTELLECTUAL PROPERTY RIGHTS
17.1 All intellectual property rights to the Platform, the underlying technology, and the content are owned by New Gifts Store. A non-exclusive, non-transferable, non-pledgeable, and non-sublicensable use right is granted to the User.
17.2 New Gifts Store must first give its prior written consent in order to exploit any intellectual property rights that are registered under its name.
17.3 All intellectual property rights to the Products, databases, scripts, designs, and other items that are made available to the User under these Terms of Use and/or a Purchase Agreement are owned by MarketDeal LTD, their licenses, or their providers. Never shall MarketDeal LTD, their licensee, or their supplier grant the User more rights than those that will be given to them.
18. CONFIDENTIALITY
18.1 Both parties (New Gifts Store and the User) are required to treat all the information that they obtained or will obtain as a result of this legal relationship as private and do not disclose the information to third parties. In case of both parties have previously agreed to breach the confidentiality of the information, then privacy of such information is not necessary.
18.2 According to the legislation and jurisdiction that apply, violating this requirement could result in legal action and possible financial penalties.
18.3 Until five years have passed after the Account is closed, this secrecy stipulation will be in place.
19. APPLICABLE LAW AND DISPUTES
19.1 These Terms of Use and the Purchase Agreement are governed by the law of the UK.
19.2 The exclusive method for resolving disputes between parties is through the relevant UK district court judge.
20. PURCHASE LIMITS AND KYC
20.1 Prohibited Countries: Myanmar, North Korea (Democratic People’s Republic of Korea), Iran. For residents of these countries accessing, creating a User Account and making purchases on https://newgiftsstore.com/ is not permitted.
20.2 High-risk countries: Afghanistan, Albania, Barbados, Burkina Faso, Cambodia, Cayman Islands, Democratic Republic of the Congo, Gibraltar, Haiti, Jamaica, Jordan, Mali, Morocco, Mozambique, Nicaragua, Pakistan, Panama, Philippines, Russia, Senegal, South Sudan, Syria, Tanzania, Trinidad and Tobago, Turkey, Uganda, United Arab Emirates, Vanuatu, Yemen, Zimbabwe. If you are a resident of one of the aforementioned countries you will be required to go through the KYC (Know Your Customer) procedure in accordance with UK law. We will get in touch with you via the email address you provided and request the following:
- a) personal information, including full name, date of birth, citizenship, and entire address (including zip code and phone number;
- b) a high-resolution copy of the first page of a domestic or international passport, with the photo and signature clearly visible, or a copy of a driver’s license meeting the same requirements, as proof of identity. A minimum of six months must have passed since the filing date for the indicated documents;
- c) a high-resolution copy of a bank statement or utility payment receipt that includes the entire name of the user and their exact address. The materials must be no more than three months old as of the filing date.
If the documents are not written in Latin characters, an English translation that has been notarized must be provided.
Contact details
Contact us at info@newgiftsstore.com if you have any queries about the Terms of Use or the Privacy Policy.Refunds are only possible in the case that there are technical issues with the service we offer and/or other issues that are the result of our own errors. The User may ask for a refund within 14 days after the first transaction in accordance with UK law.