Terms and Conditions for the LToys Gift Card

Last updated: 1st March 2019

1. General considerations

The following terms and conditions (the \"Terms and Conditions\") apply to the gift card (the \"Gift Card\") for LTOYS S.à r.l., a Luxembourg private limited liability company (société à responsabilité limitée), having its registered office at 141 route de Trèves, L-6940 Niederanven, Grand Duchy of Luxembourg, and registered with the Luxembourg Trade and Companies Registry (Registre de Commerce et des Sociétés, Luxembourg) under number B 220946 (the \"Company\").

By acquiring or purchasing a Gift Card, a customer acknowledges having read and accepted these Terms and Conditions. The Company reserves the right to amend these Terms and Conditions at any time and at its complete discretion. The Terms and Conditions thus amended will apply automatically to the Gift Card. The latest version in French on the ltoys.lu website (the \"Website\") shall be the applicable version.

2. How the Gift Card works

The Gift Card is issued by the Company and may be purchased by any customer at the Company's store reception desk located at 141 route de Trèves, L-6940 Niederanven, Grand Duchy of Luxembourg (the \"Store\") or on the Website in the context of its gift card program (the \"Gift Card Program\").

The Gift Card is a prepaid card with an amount loaded onto it determined by the customer of between EUR 10 (ten euros) and EUR 500 (five hundred euros) (the \"Amount Loaded\").

The Amount Loaded may be used by any customer holding a Gift Cart to pay for the purchase of products and services offered by the Company pursuant to these Terms and Conditions.

When the customer purchases the Gift Card in the Store, he/she will be given a hard-copy card, laminated and in wallet format, as well as proof of purchase.

When a customer purchases a Gift Card on the Website, he/she will receive the Gift Card in PDF format by email, at the address he/she indicated in purchasing it, as well as a proof of purchase. The Company incurs no liability if the customer makes an error in providing his/her email address.

The customer commits to keeping the proof of purchase in paper or electronic format (the \"Proof of Purchase\") until the Amount Loaded is fully utilised.

The Gift Card has a unique bar code and identification number (together the \"Unique Identifier\") to which the Amount Loaded is applied after payment of that amount.

The Gift Card is automatically activated after payment of the Amount Loaded and the Amount Loaded is immediately available to the bearer of the Gift Card to make purchases in the Store or on the Website.

The Gift Card is not rechargeable and the purchase of such Gift Card does not allow the receipt of points under the Company's Customer Card loyalty program (the \"Customer Card Program\").

3. Methods of using the Gift Card

A loaded Gift Card may be used as a means of payment in the Store by presenting the Gift Card so that the clerk may scan the Unique Identifier, and on the Website by indicating the Unique Identifier in a transaction and prior to settling it.

Use of the Gift Card may be made momentarily impossible due to technical difficulties. In such a situation, the Gift Card may be refused and the Company refuses all liability in that regard.

The Gift Card may be used once or several times. The amount of each purchase is deducted from the Amount Loaded. The amount on the Gift Card is indicated on the cash register receipt issued at each purchase. If the customer selects the Gift Card as a payment method, the remaining amount available can be viewed. If the amounts of the purchase(s) exceed the Amount Loaded, the difference may be paid in cash or by bank card.

The Amount Loaded may neither be converted into cash nor transferred to another Gift Card.

4. Theft, loss of or damage to the Gift Card

The Gift Card is to the bearer and is transferable. The Company refuses any liability in case of theft, loss of or damage to the Gift Card.

The Company refuses all liability in case of fraudulent use of the Gift Card and reserves the right to refuse use of the Gift Card in case of doubt as to the authenticity of the Gift Card.

The customer must inform the Company of any theft, loss of, damage to or fraudulent use of the Gift Card as soon as possible.

In case of loss, theft of, damage to or fraudulent use of the Gift Card, the Company will cancel the Gift Card concerned after having been informed by the customer holding the Proof of Purchase as soon as the Company establishes with certainty that he/she is the initial purchaser of the Gift Card and that the Amount Loaded has not yet been completely used. The Company will issue a new Gift Card at the customer's request. The available balance of the Amount Charged on the old Gift Card on the day of issue of the new Gift Card shall be transferred onto the new Gift Card. The Company shall not be liable for the use of the available Amount Loaded on a Gift Card which has been lost or stolen by a third party.

5. Gift Card validity

A loaded Gift Card is valid for a period of twenty-four (24) months from the date of its issue. Beyond that validity period, the Amount Loaded shall be definitively lost and may not be compensated for or restituted.

6. Persona Data protection

No personal data is collected when a Gift Card is purchased in a Store.

In case of purchase of a Gift Card on the Website, a customer's personal data is processed by the Company, in its capacity as processing controller. Such processing is effectuated pursuant to the pursuant to the laws and regulation in force governing the processing of personal data, particularly the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, and any other national law or regulation governing the processing of personal data in the context of the Gift Card Program.

To be informed on the processing of your personal data in the context of the Gift Card Program, please read our online privacy policy on the Website.

7. Waiver

The Company's failure to assert, or tardiness in asserting, a right flowing from these Terms and Conditions may under no circumstances be considered as a waiver, even implicit, by the Company of its right to later assert that right or any other right under these Terms and Conditions.

8. Applicable law and jurisdiction

• 8.1. The Terms and Conditions shall be governed by and interpreted under the laws of the Grand Duchy of Luxembourg, or the laws of the country in which the Holder has his/her usual residence.
• 8.2. In case of a dispute, if the Company and the Holder (together, the \"Parties\") are unable to amicably settle the dispute, the Parties agree to seize the courts of the Grand Duchy of Luxembourg or, if it differs, the competent legal tribunal as defined in the rules of legal competence applicable to the Holder, for any dispute related to the entry into, interpretation, execution or cancellation of these Terms and Conditions.