1. Definitions
In these Terms and Conditions (the "Terms"):
- "Issuer" means Martinsilta, Martinsillan Grilli Oy, Martinsillan Grilli Oy (Martinsilta), business ID 1479472-9, Linnankatu 38, 20100 Turku, FI, which issues and accepts the Gift Card.
- "Munchi" means Munchi Oy, business ID 3272827-4, Helsinki, Finland, which provides the technical platform through which the Gift Card is sold, delivered and redeemed on behalf of the Issuer.
- "Gift Card" means a prepaid electronic value voucher identified by a unique Code and issued by the Issuer.
- "Code" means the unique numeric code assigned to a Gift Card.
- "Purchaser" means the person who buys a Gift Card, and "Holder" means any person in possession of the Code.
- "Balance" means the monetary value remaining on a Gift Card at any given time.
2. Scope
2.1 These Terms apply to the purchase, delivery and use of Gift Cards issued by the Issuer. By purchasing or using a Gift Card, the Purchaser and the Holder accept these Terms.
2.2 The contract for the Gift Card is concluded between the Purchaser and the Issuer. Munchi acts solely as a technical service provider to the Issuer and is not a party to that contract.
3. Purchase, delivery and activation
3.1 A Gift Card may be purchased in the Issuer's online store or at the Issuer's point of sale, in the denominations made available by the Issuer.
3.2 A Gift Card becomes valid for use once payment for it has been received in full. A Gift Card purchased online is delivered by email to the address provided by the Purchaser, on the date selected by the Purchaser.
3.3 The Purchaser is responsible for the accuracy of the recipient's email address. The Issuer is not liable for a Gift Card delivered to an incorrect address provided by the Purchaser.
4. Use
4.1 A Gift Card may be used as payment for goods and services at the Issuer's premises and in the Issuer's online store, to the extent the Issuer has enabled Gift Card payments in each sales channel.
4.2 A Gift Card may be used in one or more transactions until the Balance is exhausted. Where the price of a purchase exceeds the Balance, the difference shall be paid by another accepted means of payment.
4.3 A Gift Card cannot be exchanged for cash, in whole or in part, and no change is given, except where mandatory law provides otherwise.
4.4 A Gift Card cannot be used to purchase other Gift Cards.
5. Validity
5.1 A Gift Card is valid until the expiry date stated in the email delivering it. Unless otherwise stated, the period of validity is twelve (12) months from the date of issue.
5.2 Any Balance remaining after the expiry date lapses and is not refunded, extended or replaced, except where mandatory law provides otherwise.
5.3 The Issuer may send reminders of an upcoming expiry date to the email address associated with the Gift Card. The absence of a reminder does not extend the period of validity.
6. Bearer instrument; loss and misuse
6.1 A Gift Card is a bearer instrument. Any person presenting a valid Code may use the Balance, and the Issuer is entitled to accept the Code as proof of entitlement.
6.2 The Holder is responsible for keeping the Code secure. If a Code is lost, stolen or disclosed to an unauthorised person, the Holder shall notify the Issuer without undue delay. The Issuer will block the Gift Card upon notification. The Issuer is not liable for any Balance used before the block takes effect.
6.3 The Issuer may block, suspend or cancel a Gift Card where it has reasonable grounds to suspect fraud, misuse or a payment that has been reversed or not received.
7. Right of withdrawal and refunds
7.1 A consumer who purchases a Gift Card online has the right to withdraw from the purchase within fourteen (14) days of the purchase in accordance with Chapter 6 of the Finnish Consumer Protection Act (38/1978), provided that the Gift Card has not been used. A refund is made by the same means of payment used for the purchase.
7.2 Where a purchase paid in whole or in part with a Gift Card is refunded, the amount paid with the Gift Card is credited back to the Gift Card.
8. Liability
8.1 The Issuer is responsible for the Gift Card, the Balance and the goods and services for which it is redeemed.
8.2 Munchi is not liable to the Purchaser or the Holder for the Issuer's obligations, including the availability of goods and services, the Issuer's opening hours or the Issuer ceasing its business.
8.3 Neither the Issuer nor Munchi is liable for any delay or failure to perform caused by circumstances beyond its reasonable control.
9. Personal data
The names and email addresses of the Purchaser and the recipient are processed for the purpose of delivering and administering the Gift Card. The Issuer is the controller and Munchi the processor of such data. Further information is available in the Privacy Policy.
10. Amendments
The Issuer may amend these Terms. Amendments do not reduce the Balance or shorten the validity of a Gift Card issued before the amendment takes effect.
11. Governing law and disputes
11.1 These Terms are governed by the laws of Finland.
11.2 Disputes shall primarily be resolved through negotiation. A consumer may refer a dispute to the Finnish Consumer Disputes Board (Kuluttajariitalautakunta, www.kuluttajariita.fi) or bring it before the district court of their place of residence in Finland.
12. Contact
Gift Card matters: Martinsilta, Martinsillan Grilli Oy, +358452349381.
Technical platform: Munchi Oy, hello@gomunchi.com.