Cardholder Agreement - Terms and Conditions

1. INFORMATION ABOUT US AND THIS AGREEMENT

1.1. These terms and conditions apply to Gift Cards issued by EML Payments (EU) Limited (company registration number 560902), a company with its registered office at 2nd Floor, La Vallee House, Upper Dargle Road, Bray, Co. Wicklow, Ireland (“EML”), for use at McArthurGlen Serravalle Designer Outlet (“Serravalle”) in Italy.

1.2. In this agreement, the terms “we”, “us” or “our” refer to EML, unless otherwise stated. “You” or “Your” refers to the Gift Card Holder.

1.3. The Distributor of this Gift Card is McArthurGlen Serravalle Designer Outlet, Via della Moda 1, Serravalle Scrivia (AL), Italy.

1.4. This document constitutes an agreement between us and the Gift Card Holder and governs the possession and use of the Gift Card. This agreement and all communications between us and the Gift Card Holder will be in English.

1.5. By purchasing or using a Gift Card, the Holder confirms that they accept these terms and conditions in full. The Gift Card Holder is subject to these terms and conditions, which will remain permanently available to the public in accordance with Section 16 below.

2. GIFT CARD

2.1. EML cannot guarantee that a particular merchant will accept the Gift Card. Please check with the merchant before attempting a transaction.

2.2. Our Gift Cards do not fall within the scope of payment services or electronic money regulations. Purchasing a Gift Card does not constitute a deposit. The balance on a Gift Card does not earn interest.

2.3. This Gift Card may only be used at Serravalle in Italy. Under no circumstances may it be used at a McArthurGlen Centre other than the Centre where it was purchased.

2.4. The Gift Card and its balance are valid for a period of twelve (12) months from the date of purchase or activation. The Gift Card will cease to be valid twelve (12) months after the date of purchase or activation, if purchased online. After this date, the Gift Card will no longer function and you will no longer be entitled to use it.

2.5. If the Gift Card is purchased from an electronic point of sale, the maximum amount that can be loaded onto the Gift Card is €500. The Gift Card will be activated at the time of purchase. If the Gift Card is purchased at a kiosk or mobile point of sale, the maximum amount that may be loaded is €500. The Gift Card will be activated at the point of sale and the amount will generally be available for use one hour after purchase.

2.6. No additional funds may be loaded onto the Gift Card after the initial purchase, except where a merchant is required to refund a transaction made using the Gift Card. It may take several days for a refunded amount to appear on the Gift Card.

3. IDENTIFICATION REQUIREMENTS

3.1. Before issuing a Gift Card in your name, we may ask you to provide personal information and proof of identity. We do this to prevent fraud, money laundering and other financial crime. We may also use this information to identify you and your Gift Card in the event of theft or loss. We will retain this information in accordance with our legal and regulatory obligations.

3.2. If the requested proof of identity is not provided, or if, at our sole discretion, the evidence provided is not satisfactory, we reserve the right not to issue the Gift Card. Our decision will be final and we will not be required to justify it.

4. DATA PROTECTION

4.1. EML is the issuer of the Gift Card. This means that EML is responsible for processing personal data in connection with the provision of the Gift Card service. We are committed to ensuring that all personal information held by us is secure and protected and is used responsibly at all times.

4.2. Information relating to the Gift Card or transactions made using it, which may include personal data where provided, may be disclosed to third parties where required by law, in order to operate the Gift Card, process transactions, prevent financial crime, provide the services requested and, where necessary, notify you of changes to the services. Such disclosure may also take place in countries outside the European Economic Area (“EEA”).

4.3. Under data protection law, you have a number of rights, including the right to request details or a copy of the personal data we hold about you at any time and to have any inaccuracies corrected. Information on how to exercise these and other data protection rights is set out in our Privacy Notice, available on our website at https://www.emlpayments.com/privacy/.

5. FEES AND CHARGES

The following table sets out the fees and charges that apply when purchasing and using the Gift Card:

Fees and charges	Cost	Frequency
Activation fee	€0	Per Gift Card activation
Replacement fee	€0	Per Gift Card replacement
Refund fee	€9.95	Per Gift Card refund

6. HOW TO USE THE GIFT CARD

6.1. We will consider a transaction to have been authorised where:

6.1.1. the Gift Card magnetic stripe has been accepted by the card reader;

6.1.2. there is signed evidence of the sale; or

6.1.3. the merchant has been provided with the information necessary to process the transaction.

6.2. Once authorisation to proceed with the transaction has been received, the transaction cannot be cancelled or reversed. Please refer to Section 14 of this agreement for further information. The value of the transaction will be deducted from the remaining balance on the Gift Card. The merchant or service provider accepting the Gift Card as payment will generally receive payment within five working days.

6.3. The Gift Card may be used to make full or partial payment for purchases. Where a partial payment is made, the person using the Gift Card must pay the remaining amount using another payment method, such as cash or a debit or credit card. You should check with the Merchant whether this is permitted.

7. RESTRICTIONS ON USE OF GIFT CARDS

7.1. You should not attempt to use the Gift Card with non-participating merchants.

7.2. A Gift Card:

7.2.1. cannot be reloaded after use;

7.2.2. cannot be used to withdraw cash from ATMs, banks or other institutions;

7.2.3. cannot be used to purchase foreign currency;

7.2.4. cannot be used to purchase other Gift Cards;

7.2.5. cannot be used for purchases made by mail order, telephone, internet or any other method involving transactions that are not carried out in person.

7.3. A Gift Card:

7.3.1. is not linked to a bank account;

7.3.2. is not a cheque guarantee card;

7.3.3. is not a prepaid card;

7.3.4. is not a credit card.

7.4. The balance on a Gift Card does not earn interest.

7.5. The Gift Card may not be used for identification purposes.

7.6. A Gift Card may not be used for regular pre-authorised payments, gambling or any illegal purpose.

7.7. We may restrict the use of the Gift Card:

7.7.1. if we have reasonable grounds to believe that the Gift Card is being used or is in any way associated with fraudulent or illegal activity;

7.7.2. if we believe that these terms and conditions have been breached or not complied with; or

7.7.3. in exceptional circumstances that prevent the normal operation of the Gift Card.

8. MANAGING THE GIFT CARD

8.1. The available balance on the Gift Card will be reduced by the amount of each payment made using it.

When the Gift Card is used to pay for goods or services, the value of the transaction and any applicable fees or charges will be paid to the merchant or service provider through the payment network.

8.2. If you attempt to make a payment for an amount greater than the remaining balance on the Gift Card, the transaction will be declined. If you know the remaining balance on the Gift Card, it may be possible to make a partial payment, subject to the Merchant’s approval. Please check with the Merchant before attempting this.

8.3. To check the available balance or view a record of recent transactions, you may:

8.3.1. visit https://www.getmybalance.com and use the balance-checking service;

8.3.2. contact Customer Services in accordance with Section 14 below. Please note that call charges may apply, which will not exceed the standard rate for a domestic call. We recommend checking with your telephone provider; or

8.3.3. scan the QR code on the back of the Gift Card, where applicable, using a compatible smartphone, including Apple iOS, Android or Windows. Please note that data charges may apply. We recommend checking with your mobile provider.

8.4. Refund fees: If the Gift Card Holder requests a refund while the Gift Card is still active, meaning before the Expiry Date, a refund fee of €9.95 will be deducted from the amount refunded to the Gift Card Holder. Any refund will only be paid to the Gift Card Holder by bank transfer to the account specified by them on the refund form and corresponding to the name for which identification was provided. Processing a refund request may take up to thirty (30) days, although we will make every effort to process it sooner.

9. GIFT CARD EXPIRY AND BALANCE CANCELLATION

9.1. The Gift Card will cease to be valid twelve (12) months after the activation date. We refer to this date as the Gift Card Expiry Date. After this date, the Gift Card will no longer function and you will no longer be entitled to use it. Any remaining balance on the Gift Card will be cancelled once the Expiry Date is reached. We therefore recommend that you use the full balance on the Gift Card before it expires.

10. CANCELLATION PERIOD AND REFUND PROCEDURE

10.1. If the Gift Card is purchased online, the original purchaser will be entitled to a fourteen (14) day cancellation period. If the Gift Card was purchased online and you wish to request cancellation, you must contact Customer Services in accordance with Section 14 below.

10.2. In accordance with Section 10.1, the amount to be returned to the original purchaser will be refunded using the same payment method by which it was received. For example, where the original purchaser chose to pay using a debit or credit card, the amount will be refunded to the same debit or credit card used for the purchase.

11. KEEPING YOUR GIFT CARD AND ITS DETAILS SAFE

The security of the Gift Card and the details associated with it are the responsibility of the Gift Card Holder. You must take all reasonable steps to prevent the Gift Card from being lost, stolen or misused. You should not disclose details associated with the Gift Card to anyone unless strictly necessary, for example when carrying out a transaction or transferring the Gift Card to another person as a gift.

12. LOST, STOLEN OR DAMAGED GIFT CARDS

12.1. If the Gift Card is lost, stolen or damaged, you should contact Customer Services in accordance with Section 14 below as soon as possible. You may be asked to provide certain information necessary to confirm that you are the authorised Gift Card Holder. Once this verification process has been completed, where necessary, we will:

12.1.1. block the Gift Card if it has been reported lost or stolen; or

12.1.2. cancel the Gift Card if it has been reported damaged.

12.2. Blocking or cancelling the Gift Card will prevent any further use, while we will make every effort, where possible, to provide a replacement Gift Card.

12.3. The Gift Card Holder will be responsible for the value of all transactions if we believe or have reason to suspect that they:

12.3.1. have acted fraudulently;

12.3.2. have intentionally, recklessly or negligently failed to keep the Gift Card or its security details safe; or

12.3.3. have allowed an excessive or unreasonable period of time to pass between the loss or theft of the Gift Card and notifying Customer Services.

12.4. Following completion of the verification process described in Section 12.1, we may make a replacement Gift Card available at the relevant Outlet Centre or point of sale. Where a replacement Gift Card can be provided, the replacement fee set out in Section 5 (Fees and Charges) will apply.

12.5. Replacement Gift Cards:

12.5.1. will only be available for collection until the expiry date of the Gift Card that was lost, stolen or damaged;

12.5.2. will only be available if the original Gift Card that was lost, stolen or damaged was purchased at an Outlet Centre or point of sale operating with EML; and

12.5.3. will be valid for a period of twelve (12) months after the date on which the replacement Gift Card is collected.

12.6. The cancellation period described in Section 10.1 does not apply to replacement Gift Cards.

13. PURCHASES FROM MERCHANTS AND TRANSACTION DISPUTES

13.1. We are not responsible for the safety, legality, quality or any other aspect of goods or services purchased using a Gift Card.

13.2. If you believe that you did not authorise a particular transaction or wish to raise a dispute regarding goods or services purchased, please contact Serravalle Customer Services as soon as possible and within a reasonable period of time, in accordance with Section 14 below. If an unreasonable period of time passes between the transaction or dispute occurring and Customer Services being notified, it may not be possible to provide assistance.

13.3. In some circumstances, a transaction may be initiated but not completed, resulting in the amount being deducted from the Gift Card balance and becoming unavailable. This is referred to as a pending or blocked authorisation. In these circumstances, please contact Customer Services in accordance with Section 14 and provide evidence showing that the transaction was cancelled or reversed. If sufficient evidence cannot be provided, we reserve the right to apply a waiting period of seven (7) working days before the blocked amount is credited back to the Gift Card.

14. CUSTOMER SERVICES

14.1. For any enquiries relating to Gift Cards, you may contact Serravalle Customer Services:

14.1.1. by calling +39 0143 6090. The charge will not exceed the standard rate normally applied to a domestic landline or mobile call.

14.2. by emailing Serravalle Customer Services at guestexperience.serravalle@mcarthurglen.com. Customer Services are available during the Outlet Centre’s opening hours. Please check the opening hours as they may be subject to change.

14.3. If you wish to make a complaint relating to the Gift Card, you must first contact Serravalle, the Distributor of this Gift Card, using the contact details above. You will be asked to explain the reason for your dissatisfaction. Serravalle will record your complaint and investigate it in accordance with its complaint-handling procedure. Once the complaint has been reviewed, a final written response will be provided.

15. LIMITATION OF LIABILITY

15.1. EML will not be liable for:

15.1.1. losses that were not foreseeable at the time the Gift Card was purchased;

15.1.2. losses not caused by a breach by EML, each party acting separately;

15.1.3. business losses; or

15.1.4. losses suffered by non-consumers.

In all cases, EML’s total liability will be limited to the value loaded onto the Gift Card at the time of purchase.

16. CHANGES TO THESE TERMS AND CONDITIONS

These terms and conditions may be changed or amended at any time for legal, regulatory or security reasons, or to ensure the proper operation of the Gift Card programme. Where changes are made, they will be published two months before they take effect, unless the law requires a shorter notice period, and copies of the updated terms and conditions will be available at Customer Service points in the Outlet Centres and participating retailers, as well as online at https://www.getmybalance.com.

The Gift Card Holder will be deemed to have accepted any changes to these Terms and Conditions unless they notify us otherwise.

17. GOVERNING LAW AND COURTS

These terms and conditions are governed by Irish law and the courts of Ireland will deal with any legal proceedings involving Gift Card Holders and us.