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.
3.1 Account: The User’s account that they set up to access the Platform.
3.2 User: Any individual who accesses the Platform.
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.
3.6 Buyer: A 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
4.2 An account’s user is always entirely responsible for how it 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.
4.4 New Gifts Store is also allowed to stop making specific Platform features available to a User at any time.
4.5 If a 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, a 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 Buyer must make sure there is enough money on hand before making the transaction.
6.4 Before the Products may be provided or downloaded, Buyer must pay New Gifts Store the sum. 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 emailing the buyer’s account address with the prepaid card number 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 Following a renewal, the User may cancel the Account by giving one month’s notice in writing by the end of the month.
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. A 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 single-card purchase is 225 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
10.2 New Gifts Store is free to sell, pledge, or otherwise dispose of its claims.
11.1 Each User should take appropriate, cutting-edge organizational and technological measures to protect electronic data transfers and ensure a secure online environment.
13. REPORTING ABUSE
14.1 Work on enhancing the Platform’s functionality continues during business hours.
15. FORCE MAJEURE
15.2 In the event of force majeure, New Gifts Store may choose to postpone their obligations.
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 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.
16.9 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 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 User defends New Gifts Store from all third-party claims under product liability arising from a weakness in a Product or code that User transferred to a third party and that originated from New Gifts Store, unless and until User shows that the damage was brought on by that Product or code.
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.
18.1 User is required to treat all information that User has obtained or will obtain as a result of this legal relationship as highly private. If the data are publicly available, disclosure of the information is mandated by law or other regulatory requirements, or all parties to this Purchase Agreement 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 secrecy 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
19.2 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 us at