⚖️General Conditions

Terms and Conditions Cirklo gift voucher

Provider

Cirklo is offered by Fairville NV.

Steenweg Deinze 154 ,

9810 NAZARETH, Belgium

VAT number: BE 0756.963.452 Phone: 09 362 71 25

General

Cirklo is a gift card system that focuses on cities and municipalities. This digital solution allows citizens to purchase gift vouchers from their own city/municipality at the counter or in the webshop and to spend them in a network of local entrepreneurs, demarcated by the city or municipality. With Cirklo, Fairville gives the local economy a boost.

More information about the Cirklo gift voucher, as well as the participating merchants, can always be found on the website www.cirklo.be.

With each purchase or receipt of a gift voucher, you acknowledge that you have read and accepted these General Terms and Conditions.

Owner of the gift card

The gift voucher is not personal and can therefore be transferred. In other words, the person who owns the gift voucher will always be considered the owner.

How can a citizen obtain a digital gift card?

A citizen can obtain a digital gift card in two ways.

A citizen buys a gift voucher himself

A citizen can purchase a digital gift card through the user-friendly online webshop of Fairville NV. A gift voucher can only be purchased by paying online with Bancontact. All prices are expressed in EURO and include VAT.

The local government may decide to add a percentage or a nominal amount when purchasing a gift card.

The citizen will then receive a unique QR code at his/her e-mail address. The QR code represents the value of the gift card in Cirklo's. The equivalent value of these Cirklos is fixed in a blocked account on the Cirklo platform. The value of one digital currency 'Cirklo' is always one euro.

The local government donates one gift voucher per family

A local government can decide to give a gift voucher to every family, resident of the area where this government is in charge. Here, the family itself does not intervene financially when purchasing a gift voucher. The family will then receive a unique QR code at the physical address or email address. The QR code represents the value of the gift card in Cirklo's. The equivalent value of these Cirklos is fixed in a blocked account on the Cirklo platform. The value of one digital currency 'Cirklo' is always one euro.

How does a merchant receive a digital gift card?

A trader can create an account in Cirklo and will have to go through an identity check carried out by the local government before being allowed to participate. The local government approves traders or can also reject them. In both cases, merchants will receive an email with the result of the check. Once approved, the merchant can start cashing gift cards.

The merchant has an application that is accessible from a tablet and/or smartphone. If a citizen wishes to pay with a gift card, the trader enters the amount to be paid on the device and then shows it to the citizen. After this, the merchant will scan the QR code (digital or on paper), after which the receipt for the amount to be paid will be validated.

The trader must always scan the QR code to ensure that the payment has been successful. The merchant is only sure that he has received a correct payment after a confirmation message appears on the screen of the application. If no confirmation message appears on the screen of the application, the trader cannot be sure that the payment has been successfully registered and the latter bears the ultimate responsibility for non-payment.

Information on the balance – access to the digital wallet

All executed transactions can be found in the trader's digital wallet. In particular, it concerns an overview of the gift vouchers received, historical transactions, but also the exchange to fiat money (EUR). For the trader's digital wallet, Cirklo uses Otzy. Otzy's digital wallet is built on a digital coin system. This means that merchants can not only collect gift vouchers but also local coins, reward coins, community coins, etc. in their wallet.

How does a trader convert received Cirklos into fiat money (EUR)?

The trader can automatically convert his/her collected local coins to fiat money via the application. The trader receives the amount of coins collected by European transfer to his/her account. This is done on a weekly basis. This ensures that a trader does not have to wait long for the earnings.

Validity period Cirklo gift voucher

A Cirklo gift voucher is valid for a period of time chosen by the local government. Since the intention is that these vouchers are issued as soon as possible in local trade. This period may vary from one local authority to another. After the expiration date, the voucher can no longer be used.

Right of withdrawal

In accordance with Article VI.47 of the Code of Economic Law, a buyer has a right of withdrawal for distance or online sales. On the basis of this right of withdrawal, a buyer may cancel the purchase within fourteen (14) calendar days from the date of receipt of his/her order, without giving reasons and without being liable for any penalties.

However, the purchaser acknowledges that, in accordance with article VI 53, 13°, the right of withdrawal mentioned does not apply to the purchase of a gift voucher. After all, the buyer acknowledges that the execution of the purchase was already complete when receiving the digital content (gift voucher) online.

Security and support

The Cirklo gift card can be regarded as electronic money. Belfius Bank SA/NV, a credit institution incorporated under Belgian law, registered in the register of legal entities under number 0403.201.185 and with its registered office at 11 Place Charles Rogier, 1210 Brussels, is the issuer of this electronic money.

Cirklo has the same value as the euro and can only be exchanged for goods or services at the participating merchants. Outside of Cirklo's platform, Cirklo has no value whatsoever.

In addition, the Provider uses innovative blockchain technology to ensure the security of transactions and to prevent fraud.

Liability

Except for deviating legal or contractual provisions, Fairville NV is only liable in the event of gross negligence or intentional misconduct committed in the course of its professional activities.

The liability of Fairville NV towards participants in the Cirklo platform as a result of a shortcoming can in no way give rise to compensation for indirect damage of a financial, commercial or other nature. Indirect damage includes, among other things: the increase in general costs, the disruption of planning, the need to continue to deliver performance, the loss of profit, image, customers or hoped-for savings.

Abuse

Misuse, improper use or fraudulent use of the Cirklo gift voucher is prohibited in any case. Fairville NV reserves the right, subject to manifestly valid reasons, to deny a citizen or a trader access to the digital platform.

Reminder: We do not subsidize tobacco use. So you cannot buy tobacco/cigarettes with your vouchers. The vouchers may of course be used in those shops to purchase other products since newsagents and tobacconists are registered.

Reminder: We do not subsidize tobacco consumption. You can therefore not buy tobacco/cigarettes with your vouchers. The vouchers can of course be used in these shops to buy other products, as there are registered newsagents and tobacconists.

Intellectual property rights

All intellectual property rights regarding the digital gift voucher Cirklo remain with Fairville NV. These intellectual property rights are understood to mean copyright, trademark, design and model rights and/or other rights, including technical and/or commercial know-how, methods and concepts, whether patentable or not.

The citizen is prohibited from using and/or making changes to the intellectual property rights as described in this article, unless it is purely for private use of the product itself.

Privacy

Purchase of a Cirklo digital gift voucher implies the knowledge and acceptance of the

privacy policy.

Competent courts and applicable law

These general terms and conditions are governed by Belgian law.

In the event of disputes, only the courts of Brussels are competent.

Changes to the Terms

These general terms and conditions may be amended at any time by Fairville NV. Two months before the amended terms and conditions come into force, they will be available on the website.

After the date of entry into force of the amended terms and conditions, any purchase of a Cirklo digital gift card will be considered as an acceptance of the terms and conditions.

Date of last modification : 25/11/2024

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