Terms & Conditions

These General Terms and Conditions ("GTC") are a part of the contract for the issuance and utilisation of the gift card (hereinafter the "Card") between Novum Bank as the Card issuer and yourself as the cardholder. Please read these GTC carefully before entering the contract. Please print and save a copy of these terms and conditions for your records. You can always find the latest version of these terms and conditions on our website.

Name, address and main business activity of the sales partner of the Card program

The Card is distributed by Blackhawk Network GmbH, registered in Germany with the registered address Gereonstraße 43-65, 50670 Cologne, District Court Cologne HRB 82859 (the “Distributor”). The task of the Distributor is to sell the Cards through its trading partners, to acquire the necessary redemption partners to redeem the Card and to provide the necessary infrastructure to redeem the Card. To perform these tasks, the Distributor is authorized to contact you as a customer if you have confirmed this in any eventual registration process.

Name, address and main business activity of the Card issuer

Issuer of the Card and administrator of the Card accounts of the cards is the Novum Bank Limited. (Novum Bank or the “Bank”) based in The Emporium, C De Brocktorff Street, Msida, MSD 1421 in Malta.  Novum Bank is licensed by the Maltese Financial Services Authority (MFSA, www.mfsa.com.mt) as a credit institution and registered with registration number C 46997.

Conclusion of agreement

The contract including your acceptance of the terms and conditions enters into effect upon the purchase of the Card.

Your right of cancellation in remote sales contract

When you have completed the contract using remote communications equipment, you have the following right of cancellation:

Right of Withdrawal

You can revoke your  contract  within two weeks from when you have received the terms and conditions when you purchased the Card  without stating reasons by notifying us in writing(e.g., letter, fax, e-mail). The period begins upon receipt of this instruction in text form, but not before the conclusion of the contract and also before the fulfillment of our information requirements pursuant to § 312c (1) of the German Civil Code (BGB) in conjunction with Article 246, 248 of the Introductory Law to the German Civil Code Our obligations pursuant to § 312e paragraph 1 BGB in conjunction with art. 246 § 3 EGBGB. The timely sending of the cancellation shall suffice to ensure the cancellation period.

The cancellation must be sent to:

Blackhawk Network GmbH

Gereonstraße 43-65, 50670 Cologne,

Germany

Mail: service@bhnetwork.de

 

Consequences of withdrawal

In the case of an effective withdrawal, any benefits or services received at both ends must be returned.  If you are unable to return the services received in whole or in part or in a worse condition, you may have to provide us with a value proposition.  You are to pay any amounts due us as aforesaid within 30 days from the date of dispatch of your notice of withdrawal. On our part, we will reimburse to you any amounts due to you within 30 days from receipt of your notice of withdrawal.

Your right of withdrawal  expires prematurely, if the contract   is completely fulfilled before you have exercised your right of withdrawal and in the case of the Card, this occurs when you charge the Card for the first time.

Information about your Card

Your card is a pre-loaded, non-rechargeable gift Card. The Card is charged with a fixed or variable value. The Card account of the Card can only be used in credit.

Novum Bank is responsible for the Card program and your contractual partner with regard to the operational execution and administration of the Card program. The Card is issued and held by Novum Bank. The Card is the property of NOVUM Bank. The value, which is loaded on your Card, is issued and managed by Novum Bank.

Purchase, activation and charging of the Card

The cards are sold exclusively through the sales network of the Distributor. The trading partner sells the Cards on behalf of the Distributor. The contract for the use of the Card enters into effect with the purchase of the card and the complete transfer of the price to be paid to the trading partner or the Distributor directly. The purchase amount on the account maintained by Novum Bank contains, , also the load value. As soon as the Card sold by the trading partner has been reported to Novum Bank as sold, the Card is released for use. It may take up to 24 hours for you to be able to use the Card.

Use of the Card

The Card is a gift Card, which can only be used within the scope of the charge paid on the Card.
The maximum value which can be loaded on the Card is 250 €. A further charge of the Card is not possible. The Card is not linked to your bank account. You will not get any interest on the value on your Card. The Card is and remains the property of Novum Bank.

In case of loss the Card will not be replaced.

You can use the card only for payment of cinema  tickets at acceptance partners (acceptance partners as described in this TC are acceptance partners of the card). You can find the acceptance partners on our website.

The value stored on the Card may be used for one or various purchases up to the amount loaded on the Card. The acceptance partner may change any rest balance of the card into a GiftCard offered by himself. In case the value of the card does not meet the amount to be paid for goods and services purchased at the partner the card may be accepted for partial payments only.

You can find information, including status and balance, on your Card by following the instructions on our website. Please also read our privacy policy carefully, which is available on our website. Our data protection policy informs you of the personal data we collect from you and how and for what purposes we collect, process and store them.

 

Authorize and execute a payment order

With the use of the Card, you give the consent (authorization) for the execution of a payment order. For each transaction, you are requested by the participating acceptance partner to provide the relevant information for payment (e.g. barcode or magstripe when redeeming at the checkout, additional card number when redeemed online). Remaining credit amounts can be used for further purchases. Refunds can’t be credited to the Card. The acceptance partner can however offer to credit with you a refund on a credit card. The general terms and conditions of the respective participating acceptance partner apply.  

We are entitled to refuse payments if: a) we have specific indications that your Card is unauthorized and / or fraudulently used; b) the credit on your Card at the time of receipt of a payment order is not sufficient to cover the payment amount and the (C) the prerequisites for authorization of the payment order are not in accordance with these General Terms and Conditions; or e) the execution of the payment order would violate applicable law. You will be informed that the transaction is being refused at the terminal at which you are using the card or by the participating acceptance  partner. When a payment is approved, we are obliged to settle the sales you have made with the Card through the corresponding amount held on your Card.


Your due diligence and co-operation obligations

You are obliged to take all reasonable precautions immediately after receipt of the Card in order to protect it from unauthorized access or from it being lost or stolen. You should treat your Card as cash. Do not give your Card to a third party.

The information provided on the card (barcode, magstripe, additional numbers) is not personal and therefore any person who is in possession or has knowledge of this information may use the Card without restriction. In the event of loss, theft or unauthorized use of the Card the Bank is unable to block or otherwise prevent use of the Card and consequently as a result of such loss, theft or unauthorized use, the Bank shall in no way bear any liability to you, except in cases of willful misconduct or gross negligence on the Bank’s side,  you will lose the value on your Card,  no refund will be given of the value deposited in the Card account and you shall bear all liability.

 

Disclaimer

Due to routine maintenance work on the system or situations which are beyond our control, you may not be able to use your Card and / or services temporarily or only to a limited extent. We will do our most to minimize the impact on the use of our services and your Card. We shall not be liable for damages that are caused by an unusual and unpredictable event which we have no influence on and which could not have been avoided by us despite the diligence on our part. We do not accept liability for products or services purchased with your Card. We accept no responsibility or liability for distributors who do not perform a transaction properly or fail to cancel an authorization unless we have been negligent or we have not fulfilled our duties.


Term of the contract / validity of your card

The Card is valid from the date of purchase up to its expiry. The card will expire 36 months after year end of that year in which the card has been purchased.  Within this term, the Card can be redeemed with all participating acceptance partners. After card expiry the credit stored at the card falls under the statue of breakage.

The contract ends automatically when the credit of the card account is exhausted.

Complaints

In accordance with the complaints procedure of Novum Bank Limited, any complaint that a person has regarding a product or service of Novum Bank Limited must be addressed by calling us on  01805-777071, in writing by that person to Novum Bank Limited, either by sending an email to: complaints@novumbankgroup.com or by letter to:

Novum Bank Limited
The Emporium
C De Brocktorff Street
Msida, MSD 1421
Malta

Any written complaint must clearly indicate your data (identity and contact details) and state the facts and circumstances on which the complaint is based.

The Bank will send the customer a written confirmation of receipt within two (2) working days from the day after when the complaint has been received by the Bank. The Bank hereby confirms that all necessary measures will be taken to resolve the complaint within fifteen (15) working days. If this is not possible, the Bank will inform the customer accordingly, and will provide him/her with an indication as to when is it likely to be completed.

If the customer is not satisfied based on the reaction received, he or she can object to the decision by writing again to Novum Bank Limited, stating the objection and the new information (s) to be assessed.

Moreover, should the customer be dissatisfied with the way in which we would have dealt with your complaint, you may direct your compliant/s in writing to: the Arbiter for Financial Services, Office of the Arbiter for Financial Services, N/S in Regional Road, Msida MSD1920, Malta or following the procedure as described under https://financialarbiter.org.mt/content/step-1-complain-your-provider .

Contract changes

We may vary these terms and conditions at any time by giving two months notice on our website or via text message.   If within this period we do not receive a disagreement notification, this would constitute your approval for the change.  We will remind you about your rights within the first notification.  Within this period you can cancel this agreement without cost. 

Changes due to legal requirements occur immediately or from the date of our notice.

The latest version of these terms and conditions will be available for you to view on our website.

Applicable law

The contract is exclusively subject to the law of the Federal Republic of Germany. The contract is available in German and English. In the case of inconsistencies, the German language version shall prevail.