Terms & Conditions for Gift Cards:
1. INFORMATION ABOUT WHO WE ARE AND THIS AGREEMENT
1.1. These terms and conditions apply to gift cards issued by EML Payments (UE) Limited
(company number 560902), a company with registered office at 2nd floor La Vallee House, Upper Dargle Road,
Bray Co. Wicklow, Ireland ("EML") for use in the Designer Outlet Málaga (Málaga) in Spain.
1.2. In this agreement, "we", "us" or "our" refers to EML, unless otherwise stated. "You"
or "your" refers to the Cardholder.
1.3. Designer Outlet Málaga is the distributor of this card, Calle Alfonso Ponce de León, 6, Málaga, 20994,
Spain.
1.4. This document establishes an agreement between you and us and governs the possession and use of your gift card.
This agreement and all communications between you and us will be in English.
1.5. By purchasing or using a gift card, you indicate to us that you accept all the terms and conditions of this
agreement. The gift card holder is subject to the terms and conditions of this agreement, which will be
permanently available to the public in accordance with the terms set out in section 18
following.
2. GIFT CARDS
2.1. EML cannot guarantee that a particular retailer will accept the gift card. Consult with the
retailers before attempting to complete a transaction.
2.2. Our gift cards do not fall within the scope of the regulations on payment or money services.
electronic. The purchase of a gift card does not constitute a deposit. The balance of a gift card is not
accrues interest.
23. This gift card can only be used in Malaga, Spain. Under no circumstances may they be used in a different country
to the purchase of the gift card.
2.4. The gift card and its balance are valid for a period of twelve (12) months from the date of purchase
(or the date on which we accept payment for your order in the case of gift cards purchased online).
Your gift card will no longer be valid twelve (12) months from the date of purchase. On that date, the card
gift will no longer work and you will no longer have the right to use it.
2.5. If the gift card was purchased through an electronic point of sale, the maximum value that can be charged
on the gift card it is €250. The gift card will be activated at the point of sale. If the gift card was purchased from
through a card kiosk or mobile point of sale, the maximum value that can be loaded
It is €250. The gift card will be activated at the point of sale and the money will generally be available for purchase.
use one hour after purchase.
2.6. If your gift card was purchased online, the maximum value that can be loaded into the
gift card is €250.
2.7. Additional funds cannot be loaded onto your gift card after the initial purchase, except in the case
for a retailer to refund a gift card transaction. Refunds usually take several days
to appear on your gift card. Refunds for purchases made with a gift card are not
will be issued in cash.
3. IDENTIFICATION REQUIREMENTS
3.1. We may ask you for personal information and some proof of your identity before issuing a gift card to your
name. We do this to prevent fraud, money laundering and other financial crimes. We also use
This information will help identify you and your gift card if it is lost or stolen. We will keep this
information in accordance with our legal and regulatory obligations.
3.2. If you do not provide us with the requested proof of identity or if, in our sole discretion, the proof you have provided to us
presented is not satisfactory, we reserve the right not to issue you a gift card. The decision will be
final and we will not be required to justify our decision to refuse to issue a gift card.
4. DATA PROTECTION
4.1 EML is the issuer of your gift card. This means that EML is responsible for the processing of your data.
personal in relation to the provision of the gift card service. We are committed to ensuring that
All personal information we hold about you is safe and secure and used responsibly.
at all times.
4.2 Gift card information or transactions made with it (which may include your information personal information, if you have provided it to us) may be disclosed to third parties, when required by law, to allow you operations with the gift card and process transactions, to prevent financial crimes, to provide you with services you request and, if necessary, to notify you of any changes to the service. The information also may be communicated to countries not belonging to the European Economic Area (European Economic Area, EEA).
4.3 You have a number of rights under applicable data protection legislation, including theright to requestdetails or a copy of any personal information we hold about you in at any time and for any inaccuracies in said information to be corrected. How to exercise these and others data protection rights are set out in our Data Protection Notice, available on our website - https://www.emlpayments.com/privacy/.
5. COMMISSIONS AND EXPENSES
The following table describes the commissions and expenses that apply to the purchase and use of the
gift card:
Commission Cost Frequency
Activation fee €0 per card
Replacement fee €0 Per card
6. HOW TO USE YOUR GIFT CARD
6.1. We will be entitled to assume that you authorized a transaction when:
6.1.1. the magnetic stripe of the gift card was accepted by the retailer.
6.1.2. there is a signed proof of sale
6.1.3. The retailer is provided with relevant information to process the transaction.
6.2. Once we have received your instruction to proceed with the transaction, the transaction cannot be stopped or
be revoked. See section 14 of this agreement for more information. We will deduct the transaction value from
remaining gift card balance. The retailer or service provider who accepted your gift card
For payment you will generally receive payment within five business days.
6.3. The gift card can be used as full or partial payment for purchases. In case of partial payment, the person who uses the gift card must pay the pending amount of the purchase by alternative means, For example, cash or debit or credit card. You should check with the retailer if this is allowed.
7. RESTRICTIONS ON THE USE OF GIFT CARDS
7.1. You should not attempt to use your gift card at non-participating merchants.
7.2. A gift card:
7.2.1. cannot be recharged after use
7.2.2. cannot be used to withdraw cash through ATMs, banks or other institutions
7.2.3. cannot be used to purchase currency
7.2.4. cannot be used to purchase other gift cards
7.2.5. cannot be used for sale by mail, telephone, Internet or other transactions not
in person
7.3. A gift card:
7.3.1. is not linked to a bank account
7.3.2. it is not a check guarantee card
7.3.3. it is not a charge card
7.3.4. it is not a credit card
7.4. The balance of a gift card does not generate interest.
7.5. It is not permitted to use the gift card for identification purposes.
7.6. A gift card cannot be used for regular pre-authorized payments, gambling, or
any illegal purpose.
7.7. We may restrict the use of your gift card:
7.7.1. if we have reasonable grounds to believe that the gift card is being used or is associated
in any way with fraudulent or other illegal activities
7.7.2. if we believe that you have breached or breached these terms and conditions, or
7.7.3. in case of exceptional circumstances that prevent the normal operation of the card gift.
8. MANAGEMENT OF YOUR GIFT CARD
8.1. The available balance on the gift card will be reduced by the value of each payment made with it. When there is
used the gift card to pay for goods or services, the value of the transaction plus any commissions or
Corresponding expenses will be paid to the retailer or service provider through the network of payment systems.
pay.
8.2. If you attempt to make a payment for more than the remaining balance on the gift card, the payment will be declined.
transaction. If you know the remaining balance on your gift card, you can make a partial payment, subject to the
arranged by the retailer. Check with the retailer before trying.
8.3. To check the available balance on your gift card or view a statement of recent transactions, you can:
8.3.1. access https://www.getmybalance.com and use the balance inquiry service;
8.3.2. contact customer service in accordance with section 14 below (please note
that call rates may apply, lower than those of a standard national call; consult
to your telephone service provider), or
8.3.3. scan the QR code on the back of the gift card (if applicable) with your phone
smart (compatible with Apple iOS, Android or Windows devices). Please note that they may
Data rates apply. Check with your telephone service provider.
9. EXPIRATION OF THE GIFT CARD AND RESET OF THE BALANCE
9.1. Your gift card will no longer be valid twelve (12) months from the date it was purchased. We refer to
this date as the expiration date of your gift card. On that date, the gift card will stop working
and you will no longer have the right to use it. The remainder of the available balance on your gift card will be lost in the
Date of Expiry. Therefore, we recommend that you use e entire balance of your gift card before said date.
10. CANCELLATION PERIOD AND REFUND PROCEDURE
10.1. If the gift card is purchased online, the original purchaser of the gift card will be entitled to a
reflection period of fourteen (14) days. If you purchased your gift card online and want to request your
cancellation, please contact customer service in accordance with section 14 a continuation.
10.2. Funds returned to the original purchaser in accordance with section
10.1 will be refunded by the same medium in which they were received. For example, if the original purchaser chose to pay for the gift card with a card debit or credit card, the funds will be refunded to the same debit or credit card.
10.3. If the gift card was purchased at a shopping center, retail establishment, or vending kiosk
of cards, the original purchaser may receive a refund within fourteen (14) days of purchase.
In these circumstances, if you are the original purchaser and wish to cancel your gift card, please return it to the customer service counter in the corresponding shopping center or retail establishment, without having used the card along with the original purchase receipt within fourteen (14) days of purchase.
11. KEEP YOUR GIFT CARD AND DATA SAFE
You are responsible for maintaining the security of your gift card and associated data. You must take
all reasonable measures to prevent loss, theft or misuse of the gift card. Do not reveal the data associated with the gift card to anyone except when absolutely necessary, for example, when
make a transaction or send the gift card to someone else as a gift.
12. LOST, STOLEN OR DAMAGED GIFT CARDS
12.1. If your gift card is lost, stolen or damaged, we recommend that you get in touch as soon as possible with customer service in accordance with section 14 below. We can ask to provide us with a series of information to confirm that you are the authorized holder of the gift card. Once this verification process is complete (if necessary), we will do the following:
12.1.1. block your gift card if you reported it lost or stolen, or
12.1.2. cancel your gift card if you reported it was damaged.
12.2. Blocking or canceling your gift card will ensure that you cannot continue using it while we carry out the
necessary procedures, whenever possible, to make a replacement gift card available to you.
12.3. You will be responsible for the value of all transactions if we believe or have reason to suspect
that you:
12.3.1. has acted fraudulently
12.3.2. you have intentionally failed to keep your gift card or security details secure,
reckless or negligent, or
12.3.3. has allowed an undue or unreasonable period of time to elapse between loss or theft
of your gift card and notifying customer service of this event.
12.4. Once the verification process described below in section
12.1, we may arrange for a replacement gift card to be made available to you at the center
commercial or corresponding point of sale. In case we can make a gift card available to you replacement, a fee will be applied as established in section 5 (Fees and expenses).
12.5. Replacement gift cards:
12.5.1. It will only be available for collection until the expiration date of the gift card
that was lost, damaged or stolen.
12.5.2. will only be available if the original lost, stolen or damaged gift card was purchased at a
shopping center or point of sale in which an EML electronic point of sale operates, and
12.5.3. It will be valid for a period of twelve (12) months from the date of collection of the card
replacement gift.
12.6. Gift Card balance transfers for lost or damaged Gift Cards can only be
carried out in the shopping center or point of sale in person, subject to the restrictions established in this
document. A photo ID will be required for the mall or point of sale to complete
balance transfer.
12.7. The cooling-off period described above in section 10.1 does not apply to any Gift Card.
substitution.
13. RETAIL PURCHASES AND TRANSACTION DISPUTES
13.1. We are not responsible for the safety, legality, quality or any other aspect of goods or services.
purchased with a gift card.
13.2. If you believe that you did not authorize a particular transaction or if you wish to initiate a dispute about goods or services
purchased, you must contact Malaga customer service as soon as possible within
within a reasonable period of time, in confidence rmity with section 14 below. If a period of
undue or unreasonable time between the completion of the transaction or dispute in question and its notification to the
customer service, we may not be able to help you.
13.3. Under certain circumstances, a transaction may be initiated but not completed. When this occurs, it is
The transaction value may be deducted from the gift card balance and may no longer be available for purchase.
its use. We refer to this as a pending authorization or a block. In these cases, you should contact
contact customer service in accordance with section 14 and provide some evidence that
prove that the transaction was canceled or voided. In the absence of sufficient evidence, we reserve the right
right to impose a waiting period of seven (7) business days before the amount is restored to
your gift card.
14. CUSTOMER SERVICE
14.1. All queries regarding a gift card should be directed to Malaga customer service:
14.1.1. call +34 951 564 222. Use of the telephone line provided does not imply a higher rate
to that of a call to a geographic fixed line or standard mobile.
14.2. Contact Málaga via email info.malaga@mcarthurglen.com. The
Customer services are available during mall opening hours.
Please check the opening hours of your shopping centre, as they may vary.
14.3. If you want to make a claim about your gift card, you must first contact Málaga, the
card dealer, using the details provided above. You will be asked to explain
the reason for your dissatisfaction. Malaga will register your claim and investigate it in accordance with its
claims processing protocol. Once your claim has been investigated, you will be send a final written response.
15. LIMITATION OF LIABILITY
15.1. EML will not be responsible for:
15.1.1. losses that were not foreseeable at the time of purchase of the gift card,
15.1.2. losses that were not caused by any default on their part (each acting
independently),
15.1.3. business losses, or
15.1.4. losses caused to non-consumers.
In any case, EML's aggregate liability will be limited to the value loaded on the gift card in the
time of purchase.
16. CHANGES TO THESE TERMS AND CONDITIONS
These terms and conditions may be changed or modified at any time for legal reasons,
regulatory or safety; or to enable the correct delivery of the gift card scheme. If they are done
changes, will be published two months before they come into effect (unless we are required by law to notify
with less notice) and copies of the revised terms and conditions will be made available at the check-in counters.
customer service at participating shopping centers and establishments and online at
https://www.getmybalance.com.
We will assume that you have accepted any changes to these Terms and Conditions unless you notify us of the contrary.
17. LEGISLATION AND COURTS
The laws of Ireland will apply to these terms and conditions and the courts of Ireland will deal with
any legal proceedings between you and us.