Terms & Conditions

These General Terms and Conditions apply to the Service of Giffy and the use of the Website as defined below. Upon acceptance, these General Terms and Conditions form a binding agreement between you and Giffy. Please read these General Terms and Conditions carefully so you know what your rights and obligations are when you use the Service. You can download and print these General Terms and Conditions.

Article 1. Definitions

1.1 In these General Terms and Conditions, the following capitalized terms, both in singular and plural, always have the following meaning:

  • General Terms and Conditions: these General Terms and Conditions of Giffy;

  • Website: website through which the User can use the Service;

  • Gift Card: the directly, or after exchanging a Giffy Card via the Website purchased or received digital gift card, including gift card code, which can be spent at the chosen Merchant or the Merchant's affiliated spending partners;

  • Service: the Service that Giffy provides to the User, as further described in article 3;

  • Giffy Card: a Gift Card issued by Giffy that can be exchanged on the Website for a Gift Card of the same value;

  • Giffy Choice Card: a Gift Card issued by Giffy that can be exchanged on the Website for a Gift Card of the same or different value;

  • Intellectual Property Rights: all Intellectual Property rights, such as copyrights, trademark rights, trade name rights, database rights, and neighboring rights, know-how, and related rights;

  • User: the registered user of the Website, who is a party to the Agreement;

  • Merchant: Merchant connected to Giffy that issues a Gift Card;

  • Recipient: the Recipient chosen by a User of a Giffy Card, Giffy Choice Card, or Gift Card;

  • Agreement: the Agreement between Giffy and the User under which the User is entitled to use the Service and to which these General Terms and Conditions apply;

  • Party (Parties): Giffy and/or User;

  • Privacy Statement: the Privacy Statement of Giffy, which can be viewed on this page;

  • Website: the website of Giffy, accessible via https://www.getgiffy.com, as well as all underlying pages;

Article 2. General

2.1 By using the Website, you agree to these General Terms and Conditions

2.2 Giffy is entitled at all times to modify and/or supplement these General Terms and Conditions. Changes to the General Terms and Conditions will be announced by email or via the Website and will take effect 7 days after their announcement. The most current General Terms and Conditions can be consulted through the Website. If the customer continues to use the service after amendment and/or supplementation of these General Terms and Conditions, they irrevocably accept the modified and/or supplemented General Terms and Conditions. If the customer does not agree to the modified and/or supplemented General Terms and Conditions, their only option is to delete their account, thereby terminating the agreement, after which the customer can no longer use the Service.

2.3 Deviation from these General Terms and Conditions between User and Giffy is only possible if this is recorded in writing between the parties.


Article 3. The Service

3.1 The Service that Giffy offers consists of providing a Website through which the User:

a. Can buy Giffy Cards and Gift Cards and send them to third parties;
b. Can receive Giffy Cards and exchange them for a Gift Card;
c. Can manage purchased or received Giffy Cards and Gift Cards;
d. Can spend Gift Cards at the Merchants and/or the spending partners of the Merchants.

Article 4. Use of the Website

4.1 Giffy endeavors to provide the Service carefully and in a professional manner. The Service is always performed by Giffy based on an obligation of effort. The User accepts that the Website only contains the functionalities as it finds them at the moment of use ("as is").

4.2 The User is fully responsible and liable for all actions performed using the Website.

4.3 Giffy is entitled at all times, without prior notice and without becoming liable for damages or liable in any way towards the User or Recipient, to modify the (content of the) Website and/or to terminate it (temporarily) and to carry out maintenance without prior notice.

4.4 If the Website is (temporarily) unavailable, for example due to a technical failure, Giffy is not liable for the consequences thereof.


Article 5. Giffy Card, Giffy Choice Card and Gift Cards

5.1 A Giffy Card and a Gift Card can be purchased by a User using the payment methods offered at that time. The use of these payment methods may be subject to the general terms and conditions of the payment method provider.

5.2 When purchasing a Giffy Card or Giffy Choice Card, the User enters into an agreement with Giffy for the provision of the Giffy Card or Giffy Choice Card.

5.3 When purchasing a Gift Card, the User enters into an agreement with Giffy for the provision of the Gift Card. The delivery of the Gift Card is completed when the User receives the Gift Card in his mailbox, which he himself has specified by entering the email address twice.

5.4 The User agrees with the immediate delivery of a Giffy Card, a Giffy Choice Card, or Gift Card (if a Gift Card is purchased directly). The User explicitly waives its potential right to terminate the Agreement without reason.

5.5 A Giffy Card, Giffy Choice Card, or Gift Card may have limited validity. Any expiration period is indicated within the Website. The User is obliged to redeem the Giffy Card, Giffy Choice Card, or Gift Card before the possible expiration period has elapsed.

5.6 The following conditions apply to Giffy Cards purchased via the Website:

  • A Giffy Card cannot be exchanged for money;

  • A Giffy Card is sent directly after purchase or later by the User to the desired recipient via Whatsapp, email, or another shipping method offered on the Website. The User cannot derive any rights from the available shipping methods, and the use of the chosen shipping method is at the User's own expense and risk. Giffy is not responsible for any malfunctions or other problems related to a shipping method;

  • A Giffy Card can only be redeemed once for a Gift Card. If the User sends a Giffy Card to a Recipient, the User is responsible for the entered data of the Recipient and the processing of the personal data of the Recipient. Giffy accepts no liability regarding the (incorrect) entry of data of the Recipient;

  • Giffy is not responsible or liable for the incorrect or inadvertently double sending of a Giffy Card by a User.

5.7 Giffy is not responsible or liable for the incorrect or inadvertently double sending of a Giffy Choice Card by a User.

5.8 With a Giffy Card or Giffy Choice Card, a User can activate a Gift Card for the same or, in the case of a Giffy Choice Card, a different value. The following conditions apply to Gift Cards:
1. By exchanging a Giffy Card or Giffy Choice Card for a Gift Card or by directly buying a Gift Card, either an agreement with a Merchant is established, or an agreement with Giffy. It is stated on the Gift Card which of these two applies. A Giffy Card can usually be exchanged for a Gift Card of choice, even if a suggestion for a specific Gift Card is made with a gifted Giffy Card. If a Giffy Card cannot be exchanged, this is stated on the Giffy Card on the Website;
2. A chosen Gift Card cannot be exchanged for another Gift Card;
3. A chosen Gift Card cannot be exchanged for money;
4. Resending previously sent Gift Cards is not possible;
5. When spending the Gift Card or making purchases with the Gift Card, the User enters into an agreement with the Merchant or with its spending partners. The general terms and conditions of the chosen Merchant apply to the use of the Gift Cards, including a possible validity period of the Gift Card.

5.9 Giffy makes the best possible effort to display the correct credit on a Giffy Card or Giffy Choice Card and the correct information about Gift Cards on the Website. Should this information unexpectedly be incorrect, Giffy is entitled to adjust the Giffy Card, the Giffy Choice Card, and the value of Gift Cards.

5.10 Activating the Gift Card establishes an agreement between the User and the Merchant. Giffy is not responsible or liable for the User's use of the Gift Card, nor for the products or services purchased with it. If a User is unable to spend a purchased Gift Card with the Merchant, the User should contact Giffy. The following applies:
1. If it appears that the Gift Card could not be redeemed due to an event attributable to Giffy, such as a technical malfunction on Giffy's Website, Giffy will make a new Gift Card of the same value available to the User and the User has no additional right to compensation;
2. If it turns out that the Gift Card could not be spent due to an event not attributable to Giffy, such as a technical malfunction or non-functioning cashier website or cashier software from the Merchant or its spending partners, Giffy is not liable for that.

Article 6. Privacy

6.1 When executing the Agreement and providing the Service, Giffy processes personal data of the User. Giffy always processes personal data in accordance with its Privacy Statement and the applicable laws and regulations.

6.2 Giffy would like to keep you informed via email. For example, if there is an update, Giffy will let you know. If you have given your consent, Giffy will keep you informed about promotions and offers. If you do not wish to receive emails from Giffy, you can unsubscribe via the opt-out button included in every email sent to you by Giffy, except for emails you receive after making a purchase.

Article 7. Intellectual Property Rights

7.1 The Intellectual Property Rights relating to the Service and the results thereof, including at least the Website, as well as the information made accessible via the website and service such as texts, look-and-feel, Account template, video, audio, and image or photo material, reside with Giffy and/or its licensor(s). Nothing in these General Terms and Conditions serves to transfer any Intellectual Property Right.

7.2 If the User complies and continues to comply with these General Terms and Conditions, they receive a personal right to use the Website. Giffy can decide at any time to revoke this right of use, especially when the User violates a provision in these General Terms and Conditions, otherwise commits an unlawful act towards Giffy, in case of fraud and in case of violating a legal provision.

Article 8. Liability

8.1 Giffy's liability for an attributable failure in the execution of the Agreement, a tort, or any other action or omission by Giffy, its employees, or third parties engaged by it, is limited to compensating direct damage. Giffy's liability for direct damage per event (where a series of related events is considered one event) is not more than the total amount the User has paid to Giffy under the Agreement in the twelve (12) calendar months preceding that event (ex. VAT). However, the total liability of Giffy in no case exceeds € 150,- (ex. VAT).

8.2 'Direct damage' in the sense of the previous article means only:

  • Damage to items;

  • Reasonably incurred expenses that the User would have to make to ensure that Giffy's performance complies with the Agreement;

  • Reasonably incurred expenses by the User to determine the cause and extent of the damage, insofar as the determination relates to direct damage within the meaning of this Agreement;

  • Reasonably incurred expenses to prevent or limit damage, provided the User can demonstrate that these expenses have led to a limitation of the direct damage within the meaning of this Agreement.

8.3 Giffy is not liable for any damage other than direct damage as described in art. 8.2, including consequential damage arising out of or in connection with the Agreement, including, without any limitation, loss of profit, loss of revenue, loss of expected savings and other similar financial losses such as loss of goodwill or good name or other incidental, indirect damage, or damage compensation by way of punishment or example, of whatever nature, regardless of whether the User has informed Giffy of such possible damage, compensation, or loss.

8.4 The User's right to claim damages under this Agreement, on the basis of tort, or otherwise expires in any case one (1) year after the event occurred which caused the claim or procedure to be brought.

Article 9. Duration and termination

9.1 The Agreement between the User and Giffy is entered into for an indefinite period and can be terminated by the customer or Giffy at any time. Upon termination of the Agreement, for whatever reason, the customer's right to use the Service immediately ceases and access to the Service is immediately denied.

9.2 Upon completion of the last transaction, all rights and claims that the User has on Giffy expire.

Article 10. Complaints procedure

10.1 Giffy endeavors to ensure that the Service is performed with the utmost care. However, it is possible that the User or Recipient may have a complaint. Complaints about Giffy's Service can be submitted to Giffy by e-mail at info@getgiffy.com. Giffy ensures that this complaint is handled as quickly as possible and that the complaint is answered within fourteen days of receipt at the latest. If Giffy foresees that the handling of the complaint will take longer than fourteen days, Giffy will send at least an acknowledgment of receipt within fourteen days after receiving the complaint, with an indication of the period within which the complaint will be further substantively answered.

Article 11. Miscellaneous

11.1 Unless expressly stated otherwise, all prices mentioned for consumers are in Euros and include VAT.

11.2 Dutch law applies to these General Terms and Conditions and all use of the Service. All disputes arising between the User and Giffy will be submitted to the competent court in the district of Amsterdam.

11.3 If any provision of these General Terms and Conditions proves to be void or is voidable, or is or becomes wholly or partially invalid for any other reason, the remaining provisions of the General Terms and Conditions shall remain in full force. Giffy will replace the invalid provision with a provision that is valid, and the legal consequences of which, in view of the content and scope of these General Terms and Conditions, correspond as much as possible with those of the invalid provision.

11.4 Giffy may transfer rights and obligations arising from these General Terms and Conditions to third parties and will promptly inform the User thereof. If the User finds this transfer of obligations to a third party unacceptable, they may terminate their Agreement in accordance with article 9. This Privacy Statement precisely explains which information we collect from you. We recommend that you read this Privacy Statement carefully.