1. WEBSITE OWNERSHIP
1.1. The owner of the website is 1GiftWeb (hereinafter referred to as the seller), with an address at C/ Tenerife, Miami Platja nº22, ZIP Code 48892 Tarragona. The seller is the licensee of the portal https://1giftweb.com/ and the virtual store residing therein, and therefore can carry out information and sales operations for the products displayed on the portal, in accordance with the conditions expressed in the various usage sections described here, without rejecting or omitting the rules and conditions governed by the current Trade Law of Spain.
1.2. Customer Service: The contact email is info@1GiftWeb.com and the WhatsApp contact number is +34 695 85 53 13.
2. PURPOSE AND SCOPE OF APPLICATION
2.1. These terms of use and contracting regulate the use of the website 1GiftWeb.com as well as any related application (hereinafter, WEBSITE) where 1GiftWeb acts as a social marketplace, facilitating the sending of gifts online, acting as an intermediary between senders and recipients/receivers of gifts.
2.2. Any USER who accesses the WEBSITE and uses the services on the WEBSITE agrees to abide by these terms of use, contracting, and operation.
2.3. Access to the WEBSITE, directly or through any domain name that redirects to this WEBSITE, confers the status of USER on the visitor and requires the acceptance of all the conditions described in this document.
2.4. 1GiftWeb reserves the right to modify, at any time and without prior notice, the product offering or any other aspect of this legal notice, including the contracting conditions, although such modifications must respect transactions already carried out by the USER.
3. ADULTS ONLY
3.1. Access to the WEBSITE is intended for individuals over 18 years of age.
3.2. To use the services, minors must first obtain permission from their parents, guardians, or legal representatives, who will be considered responsible for all acts performed by the minors in their charge.
4. INTELLECTUAL AND INDUSTRIAL PROPERTY
4.1. 1GiftWeb owns the intellectual and industrial property rights or has obtained the necessary authorizations or licenses for their exploitation, associated with the domain name, trademarks and distinctive signs, application, published content, computer programs, and other works and inventions contained or related to this website and the technology associated with it. The contents of this WEBSITE, including designs, applications, text, images, and source code, are protected by intellectual and industrial property rights.
4.2. The contents of this WEBSITE may not be used, reproduced, copied, transformed, or transmitted in any form without the prior, written, and explicit permission of 1GiftWeb.
4.3. When the USER publishes any content on the WEBSITE, including texts, photographs, or other multimedia content (hereinafter, User Content), the USER grants 1GiftWeb, which accepts, a non-exclusive, free license, with the right to sublicense to any third party, worldwide, for the entire duration of the rights recognized by the applicable legislation, to:
A. Use, host, copy, reproduce, modify, transform, update, translate, publish, distribute, delete, incorporate or make available the User Content, in whole or in part, through the WEBSITE or through third-party sites associated with 1GiftWeb or through social networks from 1GiftWeb accounts.
B. Adapt and create derivative works from the User Content for subsequent exploitation through any format or medium.
C. Use the User Content in relation to other content.
D. Carry out the necessary technical or maintenance activities to fulfill the above.
The USER guarantees that they own all the necessary rights to the User Content for the above uses and for granting the aforementioned license or that they have obtained all transfers of rights, licenses, permissions, or consents.
4.4. 1GiftWeb assumes no responsibility for the intellectual or industrial property rights of the User Content.
5. 1GiftWeb E-GIFT CONTRACTING CONDITIONS
5.1. The USER who sends or receives gifts on the WEBSITE (hereinafter SENDER USER and RECIPIENT USER, as applicable) must register through the forms provided by 1GiftWeb on the WEBSITE, completing all required fields, as well as contact details and delivery address, if applicable. The USER must accept the privacy and contracting policy contained in this document.
5.2. The SENDER USER must choose an item for sale online and provide the PVP and shipping costs to the RECIPIENT USER of the gift as per the prices in the online store selling the item (product or service) at the time of creating the gift. The USER commits that this data is obtained from the URL (web address) of the product as of the gift’s shipping date.
5.3. The USER agrees to provide 1GiftWeb with correct and truthful contact, delivery, payment, and/or billing information and to keep it updated at all times. 1GiftWeb assumes no responsibility otherwise.
5.4. The SENDER USER may make the payment of the product price by any of the payment methods made available on the WEBSITE.
5.5. 1GiftWeb will confirm the transaction to the SENDER USER at the end of the purchase process to the email provided by the USER. Likewise, on the date and time selected by the SENDER USER, 1GiftWeb will send the RECIPIENT USER by email, SMS, or PDF a gift code and offer information on how to proceed with the redemption according to the modality chosen by the SENDER USER.
5.6. 1GiftWeb will indicate the management fees in the ordering process, which must be accepted by the SENDER USER before the purchase acceptance.
5.8. In the case that the RECIPIENT USER decides to keep the gift under the PLUS modality, the logistical management of the orders corresponds to the companies contracted by the store selling the item listed in the gift, and ultimately to the store itself. Therefore, 1GiftWeb does not assume any responsibility for the breach of the obligations described in this clause due to an action or omission carried out by the logistics operator, without prejudice to the procedures that 1GiftWeb may undertake to resolve the incidents that occurred.
5.9. 1GiftWeb will issue an invoice to the SENDER USER for the use of the platform, which will include the sum of the management fees (dependent on the amount of the gift and the chosen modality) as well as extras such as SMS notifications. This fee is always informed to the SENDER USER before making the payment.
5.10. 1GiftWeb will pay the RECIPIENT USER the amount indicated in the gift, offering various payment methods including bank transfer or payment to their PayPal account.
In the specific case of the 1GiftWeb PLUS modality, when the RECIPIENT USER decides to keep the indicated gift and receive it (at their home if it is a physical product), the following conditions apply:
– The SENDER USER sending the gift, at the time of sending it, indicates both the details of an item for sale online and an amount of money that must cover the cost of the item itself plus shipping costs to the RECIPIENT USER’s postal address (if applicable). 1GiftWeb cannot verify beforehand that the amount paid actually covers both costs, as from the time of sending the gift via 1GiftWeb until the moment of redemption, the sale price of the item, the shipping cost, or both, may have changed.
– Therefore, if at the time 1GiftWeb is going to purchase the gift on behalf of the RECIPIENT USER, the price of the item plus the shipping costs to the indicated address exceed the amount indicated by the SENDER USER, the service will be canceled and instead of the item, the amount indicated in the gift will be transferred to the RECIPIENT USER, giving them a choice between several payment methods.
– If at the time 1GiftWeb is going to purchase the gift, whether due to an offer, promotion, discount code, or a similar situation, the price of the item plus the shipping costs to the indicated address are less than the amount indicated in the gift, the RECIPIENT USER will only receive the item, waiving the remaining difference.
– If for any reason the item is not available for sale at the time 1GiftWeb is going to purchase it (item withdrawal, discontinuation, out of stock, etc.), the possibility of purchasing the item from another store will be considered (which will be informed to the RECIPIENT USER) or the service will be canceled and instead of the item, the amount indicated in the gift will be transferred to the RECIPIENT USER, giving them a choice between several payment methods.
– If 1GiftWeb has reasonable doubts about the veracity of the store’s details, tax information, payment methods, shipments, possibility of fraud, previous bad experiences with that store, or any other information related to the store, the possibility of purchasing the item from another store will be considered (which will be informed to the RECIPIENT USER) or the service will be canceled and instead of the item, the amount indicated in the gift will be transferred to the RECIPIENT USER, giving them a choice between several payment methods.
– The RECIPIENT USER accepts the general purchase conditions, return policies, and warranties that must be published on the website of the store selling the indicated gift item.
– In the event of different versions of the item, sizes, colors, etc., the one corresponding to the details provided by the RECIPIENT USER in the “gift details” field will be purchased, as long as the other conditions are met. If this field does not contain valid information, 1GiftWeb cannot choose on behalf of the RECIPIENT USER and the service will be canceled and instead of the item, the amount indicated in the gift will be transferred to the RECIPIENT USER, giving them a choice between several payment methods.
– The item will be purchased by 1GiftWeb with the billing information provided by the RECIPIENT USER, who is responsible for its accuracy. If the RECIPIENT USER wants an invoice from the store in their name, they must provide all their tax information, including the NIF.
– The item will be sent to the postal address provided by the RECIPIENT USER, which they accept as having checked and is correct. In case of an error in it, the RECIPIENT USER will have to contact the online store to correct it. If the product has already been sent, the delivery address cannot be changed.
– If the RECIPIENT USER does not receive the item, it is different from the one indicated on the website (indicated in the gift) or it arrives in poor condition, they must contact the store directly and provide the order or invoice details that 1GiftWeb will have provided previously.
– If the RECIPIENT USER wants to exercise their right of withdrawal, they must do so with the store selling the item, for which 1GiftWeb will have sent the order and/or the invoice of that store. The costs and conditions indicated by that store in terms of returns will apply. 1GiftWeb is merely an intermediary, although it will try to assist the RECIPIENT USER as much as possible.
– If the RECIPIENT USER wants to use the legal warranty in case of a malfunction, it must be managed by the store (which sells the item) or failing that, the manufacturer. For this, 1GiftWeb will have provided the RECIPIENT USER with the store’s invoice or sales receipt or will have provided the necessary information for the RECIPIENT USER to request it. Once again, 1GiftWeb is merely an intermediary.
– The RECIPIENT USER can only receive a gift for personal use as an individual (private person) and not as a company or legal entity.
– From the receipt of the gift redemption form to the acquisition management of the item, up to 3 business days may pass, unless unforeseen circumstances not attributable to 1GiftWeb occur.
– In the case of postal shipment of the item, it may take as long as specified by the store’s website regarding the most economical home delivery method offered. Once again, the RECIPIENT USER can directly consult the store about this aspect.
### 5.11. 1GiftWeb is merely an intermediary between SENDER USERS and RECIPIENT USERS, so it does not buy, sell, or transmit any products. 1GiftWeb owns an online gift portal and all transactions made on 1GiftWeb are between individuals, SENDER USERS, and RECIPIENT USERS.
In accordance with consumer regulations, the intermediation services provided by 1GiftWeb cannot be subject to withdrawal by the USER when the RECIPIENT USER has received the gift code, redeemed it, and the SENDER USER has been informed of this fact in accordance with Clause 5.5 above, because the service is considered fully executed, a circumstance known and accepted by the RECIPIENT USER and the SENDER USER.
Until that time, any USER may withdraw from the intermediation services, without any cost, by deactivating the specific gift by the SENDER USER or canceling the received gift code by the RECIPIENT USER, or by any other communication to 1GiftWeb (including the form attached in the Annex) requesting the above, and indicating their decision to withdraw from the services with an unequivocal statement, through the contact means indicated on the WEBSITE.
In the event of withdrawal, we will refund all payments we have received from the SENDER USER, without undue delay and, in any case, no later than 14 calendar days from the date we are informed of their decision to withdraw. We will make the reimbursement using the same payment method used for the initial transaction unless you have expressly agreed otherwise. Additionally, since this is a service, product guarantees do not apply.
5.12. Fiscal Aspects.
As indicated above, the sending of gifts through 1GiftWeb is carried out between SENDER USERS and RECIPIENT USERS, so their taxation is the responsibility of each USER, as applicable, considering the following:
Reference for TARGET USERS
Without prejudice to the fact that, where appropriate, you may obtain the corresponding professional advice, we remind you that sending an online gift (e-gift) through 1GiftWeb is subject to Inheritance and Donation Tax, which you must pay, if applicable, before the tax administration of the Autonomous Community where you reside. Likewise, it could generate a capital gain for the purposes of your personal income tax.
Reference for SENDING USERS
Without prejudice to obtaining the corresponding professional advice, where appropriate, we remind you that sending an online gift (e-gift) through 1GiftWeb could generate a financial loss for the purposes of your personal income tax.
General reference for USERS
USERS are the sole and exclusive responsible for complying with their tax obligations, as applicable, and are obliged to hold 1GiftWeb harmless if they do not comply with said obligations.
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5.13. Remitting USERS are informed that, since these are transactions between individuals, the legal warranty of products and the right of withdrawal provided for in consumer and user regulations do not apply. However, the rules outlined in the following points apply to transactions through the platform.
5.14. Remitting USERS may request their right of withdrawal as long as the gift has not been sent, received, or redeemed by the RECIPIENT USER. Otherwise, it will be understood that the service has been fully executed, and the REMITTING USER will lose their right of withdrawal.
5.15. In case of withdrawal, it must be communicated via email to 1GiftWeb, which will provide the necessary means and processes.
5.16. If, within 1 year from the payment for the gift by the REMITTING USER, the RECIPIENT USER has not redeemed the gift, all rights over it will be lost, and it will become the property of 1GiftWeb, which will issue an invoice to the REMITTING USER for the amount of the gift.
6. CONDITIONS FOR GIFTCARD 1GiftWeb**
The “GIFTCARD” gift card is a service that, using a locator issued by 1GiftWeb, allows the recipient to obtain a gift card (virtual or physical) of their choice, issued by the company owning one of the brands or stores we work with. Due to this “sure bet” characteristic, we charge a small management fee for the service provided. The gift cards provided (but not issued) by 1GiftWeb as redemption for a GIFTCARD locator come from affiliated brands/stores/establishments and/or may belong to third parties, even if provided to such stores/establishments and/or advertisers. Their delivery does not mean, in any way, that 1GiftWeb issues or markets them directly from their issuer. 1GiftWeb acts as a mere indirect transmitter of cards obtained from third parties and does not represent or act on behalf of these brands, websites, logos, and registered companies.
6.1. The USER sending or receiving gift cards using the GIFTCARD service on the WEBSITE (hereinafter REMITTING USER and RECIPIENT USER, as appropriate) must register through the forms provided by 1GiftWeb on the WEBSITE, completing all required fields, including contact details and delivery address if applicable. The USER must accept the privacy policy and terms of contracting contained in this document.
6.2. The REMITTING USER must suggest an initial brand or store for the GIFTCARD service and specify the amount (monetary value) of the associated gift card. Each brand/store has specific amounts they accept, so it is possible that some brands may not be available for a specific amount.
6.3. The USER agrees to provide 1GiftWeb with accurate and truthful contact details, delivery address, payment, and/or billing information and to keep it updated at all times, with 1GiftWeb assuming no responsibility otherwise.
6.4. The REMITTING USER may pay for the GIFTCARD service using any of the payment methods available on the WEBSITE.
6.6. 1GiftWeb will confirm the transaction to the REMITTING USER upon completion of the purchase process by email to the address provided by the USER. Similarly, on the date and time selected by the REMITTING USER, 1GiftWeb will send the RECIPIENT USER an email, SMS, or PDF with a gift code and provide information on how to redeem this GIFTCARD locator for a conventional gift card issued by the brand issuer.
6.6. 1GiftWeb will indicate management fees during the ordering process, which must be accepted by the REMITTING USER before completing the purchase.
6.7. The gift cards delivered after redeeming the GIFTCARD are issued by third companies and are purchased by 1GiftWeb and delivered to the RECIPIENT USER as received from 1GiftWeb. If any of the gift cards or gift codes issued by a third party do not work correctly, the issue must be resolved directly with the issuing company, although 1GiftWeb may mediate in this matter.
6.8. If the RECIPIENT USER attempts to redeem their GIFTCARD locator for a brand that is not available at that time, they must select another available brand or store for the original amount of their GIFTCARD, without obliging 1GiftWeb to provide a gift card from the unavailable brand exclusively.
6.9. 1GiftWeb will issue an invoice to the REMITTING USER for the acquisition of the GIFTCARD service, which will include the amount intended for purchasing the gift card to be delivered to the recipient plus the management fees and additional costs like SMS notifications. This amount is always informed to the REMITTING USER before making the payment. Gift cards are exempt from VAT, so this concept will be invoiced without VAT.
6.10. 1GiftWeb will settle the GIFTCARD locator to the RECIPIENT USER by delivering a conventional gift card (either virtual or physical) offering several options for brands or stores to choose from. Processing times may experience delays not attributable to 1GiftWeb due to issues or processing/delivery times from gift card issuers. As far as possible, delivery after redemption will be completed within 48 working hours.
1GiftWeb certifies that the gift cards delivered are legally and usually acquired and, except for errors by the issuer, contain the indicated amount at the time of redemption.
1GiftWeb is not responsible for the loss, misplacement, or disclosure by mistake or omission of the information included in the delivered gift card. In these cases, the gift card will not be replaced.
The risk of loss and ownership of a gift card transfers to the RECIPIENT USER when it is sent and received electronically or physically. From this moment on, 1GiftWeb is not responsible for the loss, theft, destruction, or use of the delivered gift cards. This is the sole responsibility of the RECIPIENT USER.
1GiftWeb will not be responsible if the received gift card is blocked by the issuer due to suspected illicit or fraudulent activities by the user, whether present or past, including the closure or blocking of the user’s account in the issuer’s systems, which will prevent the use of the gift card. In such cases, the claim must be made directly to the brand issuing the gift card.
Gift cards are bearer instruments, and 1GiftWeb is not responsible for a third party using the gift card before the RECIPIENT USER does (committing fraud), making it invalid. The security of the delivered gift cards is the responsibility of the issuing companies, and any issues with them must be communicated and managed by the issuing companies.
1GiftWeb is also not responsible if a gift card cannot be delivered electronically if the email has been blocked, if the RECIPIENT USER has a firewall, or if our email is considered SPAM by the email provider, if the inboxes are full, or for any other similar technological reasons beyond our control.
6.11. In accordance with consumer regulations, the GIFTCARD service provided by 1GiftWeb cannot be subject to withdrawal by the USER, as the service is considered fully executed, a circumstance known and accepted by both the RECIPIENT USER and the REMITTING USER.
6.12. Tax Aspects
As previously indicated, the delivery of gift cards through 1GiftWeb is carried out between REMITTING USERS and RECIPIENT USERS, so their taxation is the responsibility of each USER, as applicable, considering the following:
Reference for RECIPIENT USERS
Notwithstanding seeking professional advice if necessary, please note that the online gift card (GIFTCARD) sent through 1GiftWeb is subject to the Inheritance and Donations Tax, which must be paid to the Tax Administration of the Autonomous Community where the recipient resides. It could also generate capital gains for income tax purposes.
Reference for REMITTING USERS
Notwithstanding seeking professional advice if necessary, please note that sending an online gift card (GIFTCARD) through 1GiftWeb could generate a capital loss for income tax purposes.
General Reference for USERS
USERS are the sole and exclusive responsible parties for fulfilling their tax obligations, as applicable, and agree to indemnify 1GiftWeb in case of non-compliance with these obligations.
6.13. Remitting USERS are informed that, since this is a gift card service, the legal warranty of products and the right of withdrawal provided for in consumer and user regulations do not apply. However, the rules outlined in the following points apply to transactions through the platform.
6.14. Validity Period: If within 1 year from the payment for the “GIFTCARD” service by the REMITTING USER, the RECIPIENT USER has not confirmed the brand they wish (redeemed the locator according to the provided instructions), the locator will lose all its value, and no gift card can be obtained with that locator, as the time limit for claiming it will have expired.
6.15.The 1GiftWeb code (order number) included in the GIFTCARD locators is not valid for direct use in the indicated store or brand. Redemption must be done following the instructions provided in the locator used for the “GIFTCARD” service.
6.16. 1GiftWeb reserves the right and possibility to repurchase its own GIFTCARD locators in specific cases where it cannot provide an adequate gift card for redemption. In this case, an amount of up to 100% of the value indicated in the GIFTCARD locator will be refunded. For this, the RECIPIENT USER must sign a purchase contract documenting the transaction.
6.17. Product Limitation: 1GiftWeb is not responsible for any limitations in brands/stores or the selection of gift cards offered at the time of redemption by the RECIPIENT USER. This can be a limitation due to various factors beyond 1GiftWeb’s control.
6.18. 1GiftWeb reserves the right to modify or cancel the “GIFTCARD” service under the same terms established for the rest of the services described in these Terms and Conditions, informing USERS of any changes that may affect their transactions.
6.19. Any questions or claims related to the services provided must be directed to 1GiftWeb via email at [email]. Claims will be accepted within the periods established by applicable regulations.
6.20. For any disputes arising from the interpretation or application of these terms, the jurisdiction will be that corresponding to the domicile of the USER, according to the legislation of the State of Spain.