General conditions of sale and
use of the Auchan gift card

The limited company Auchan Luxembourg SA, established and having its registered office at L-2721 Luxembourg, 5, Rue Alphonse Weicker, registered in the Trade and Companies Register under number B 45 515, (“Auchan“) now offers its customers to be able to acquire and use Auchan gift cards in its stores located in the Grand Duchy of Luxembourg (the “Auchan Gift Cards” or the “Auchan Gift Card”).

These general conditions of sale and use (the “GTC“) of Auchan Gift Cards are exclusively intended and concluded between Auchan and any natural person having the quality of consumer within the meaning of Article L.010-1 of the Code of consumption, (the “Customer”).

Auchan Gift Cards are offered within the framework of a partnership set up between Auchan and the limited company SIX Payment Services (Europe) SA, established and having its registered office at L- 5365 Munsbach, 10 rue Gabriel Lippmann, registered in the Register Trade and Companies under number B144087 (“SIX Payment Services”).

SIX Payment Services provides Auchan with Auchan Gift Cards and manages their technical functionalities, as specified below.

Article 1 – Purpose of the GTC

The purpose of the GTC is to define the operation, as well as the rights and obligations of the Customer concerning the acquisition and use of Auchan Gift Cards.

Article 2 – Availability and application of the GTC

The very GTC are displayed at physical Gift Card collection points located at the welcome desk of Auchan stores as well as on the Auchan.lu website

The applicable GTC are those in force on the day of the Customer’s purchase of his Gift Card or at the time of recharging.

Article 3 – Acceptance of the GTC

The purchase by a Customer of an Auchan Gift Card implies unreserved acceptance of these GTC.

Article 4 – Modification of the GTC

Auchan reserves the right to modify its GTC at any time. Any changes will be posted and available on the site.

Article 5 – Acquisition of Auchan Gift Cards

The Customer who wishes to purchase an Auchan Gift Card must go to the welcome desk of Auchan stores located in the territory of the Grand Duchy of Luxembourg.

Auchan Gift Cards are prepaid cards loaded with the amount determined by the Customer at the time of their purchase or top up.

When purchasing or recharging their Auchan Gift Card, the Customer determines the amount he wishes to credit. This amount can be between EUR 10 (ten euros) and EUR 400 (four hundred euros) all taxes included.

Auchan Gift Cards can be recharged by the Customer up to the amount of EUR 400 (four hundred euros) all taxes included.

The Customer cannot acquire more than five Auchan Gift Cards at a time.

The amount charged by the Customer is immediately available.

Auchan Gift Cards are not nominative, they only have a unique number located on the back of them in the gray scratch area provided for this purpose.

Article 6 – Use of Auchan Gift Cards

Customers who hold an Auchan Gift Card can pay for their purchases of products or services in all Auchan stores in the Grand Duchy of Luxembourg, excluding payments that can be made online.

To this end, the Customer swipes the Auchan Gift Card directly into the magnetic strip reader of the payment terminal located at the checkouts of Auchan stores for the total amount of his purchases or part of this amount that he determines in advance and based on the balance of his Auchan Gift Card.

The Customer can complete payment for his products and services, if necessary, by another means of payment.

In the event of a technical problem beyond Auchan’s control making the payment transaction using the Auchan Gift Card impossible, payment with the Auchan Gift Card may be refused. The same applies if the Auchan Gift Card is damaged, making it impossible to use.

Under no circumstances may the Auchan Gift Card be exchanged for cash, nor give rise to a credit note.

Refunds, credits and in-store returns cannot be credited to an Auchan Gift Card.

Article 7 – Validity period of Auchan Gift Cards

Auchan Gift Cards have an initial validity period of 24 months from their purchase.

The 24-month validity period is renewed with each new recharge of the Auchan Gift Card.

Once the validity period of the Auchan Gift Card has expired, the Gift Card can no longer be used or recharged. The possible balance of the Auchan Gift Card whose validity period has expired cannot give rise to any refund or credit.

Article 8 – How Auchan Gift Cards work

8.1. Checking the balance and the validity period of Auchan Gift Cards

The Customer has the possibility to consult the balance of his Auchan Gift Card as well as its period of validity:

• either by going to the welcome desk of an Auchan store located in the Grand Duchy of Luxembourg;
• either by consulting his last receipt after having used the Auchan Gift Card;
• or by scratching the area provided for this purpose on the back of the Auchan Gift Card to reveal the unique number of the Auchan Gift Card. The Customer with this unique number can then go to the site: https://valuemaster.six-payment-services.com, managed by the partner of Auchan, SIX Payment Services.

8.2 Topping up Auchan Gift Cards

Auchan Gift Cards can be topped up by going to the welcome desk of Auchan stores.

The Auchan Gift Card can be topped up at any time within the limit of the maximum balance amount of EUR 400 (four hundred euros).

8.3 Loss, Theft, Destruction and Opposition

Auchan Gift Cards are neither refundable nor exchangeable, in particular in the event of loss, theft or destruction.

In the event of loss, theft or destruction, the Customer may oppose his Auchan Gift Card for the remaining amount.

To oppose: the Customer must contact Auchan customer service on (+352) 43 77 43 1 and provide the unique number of his Auchan Gift Card by scratching the area provided for this purpose on the back of the Auchan Gift Card.

The opposition made by the Customer to his Auchan Gift Card does not give the right to a refund of the remaining balance or to its transfer to a new Auchan Gift Card.

8.4. Auchan loyalty programme and Auchan Gift Card

Customers who have an Auchan Card under the loyalty programme set up by Auchan do not benefit from any particular advantage when purchasing an Auchan Gift Card.

The purchase of an Auchan Gift Card by the Customer does not entitle him to loyalty points on his Auchan Card at the time of purchase or to top up.

On the other hand, the Customer who has an Auchan Card and who purchases products or services using the Auchan Gift Card will accumulate Waaoh!!! points or will be credited with the loyalty amount on his Auchan Card in the same way as if he had paid for his purchases with another means of payment.

8.5. Auchan Gift Card expired or whose balance is used up

At the expiration of the validity period of his Auchan Gift Card or when the balance thereof has been fully used, the Customer who does not wish to top up his Auchan Gift Card, and whose gray “scratch off” part on the back of the Auchan Gift Card is intact, can be returned to the welcome desk of Auchan stores to be recycled.

Article 9 – Prohibition of resale

Auchan formally prohibits anyone from trading in Auchan Gift Cards, nor from reselling them, in any form whatsoever.

Failing that, if Auchan were to notice that a Customer does not comply with this prohibition, the latter reserves the right to take legal action against the Customer and immediately claim the amount of EUR 500 as a penalty clause, without prejudice to its right to further claim damages for the damages it has suffered as a result.

Article 10 – Responsibility of the Client

Each Customer who carries an Auchan Gift Card is fully responsible for it and will take the necessary measures to avoid any loss, destruction or abuse in its use.

Auchan declines all responsibility in the event of loss, theft or damage to the Auchan Gift Card by the Customer or by a third party.

Auchan Gift Cards are neither refundable nor exchangeable, in particular in the event of loss, theft or destruction.

Auchan reserves all rights in the event of non-compliance with these T&C by the Customer and in particular the right to claim damages for the resulting damage.

Article 11 – Customer Care Departments

For any information, Auchan customer service can be contacted as follows:

• by phone: (+352) 43 77 43 1 during Auchan Luxembourg store opening hours;
• by email : contact@auchan.lu ;
• by mail: Auchan Luxembourg, 5, Rue Alphonse Weicker L-2721 Luxembourg.

Article 12 – Processing of personal data

Auchan undertakes to process the personal data of Customers in accordance with the legislation in force applicable to the processing of personal data, in particular:

• Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95 / 46 / EC (GDPR) and,
• to the Law of August 1, 2018 organizing the Commission nationale pour la protection des données and implementing the GDPR.

Article 13 – Entirety

These General Conditions of Sale and Use of Auchan Gift Cards consist of all of the clauses that make them up. The fact that Auchan does not avail itself at a given time of any one of the clauses of the GTC cannot be considered as a waiver of subsequently invoking these same clauses. In the event of invalidity of one of them, the other clauses remain valid.

Article 14 – Applicable law and competent courts

The GTC are subject to Luxembourg law, without prejudice to the mandatory provisions of the law of the country where the consumer has his habitual residence.

Pursuant to Article 18 of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction, recognition and enforcement of judgments in civil and commercial matters:

• the action brought by the Customer, consumer within the meaning of article L.010-1 of the Consumer Code, against Auchan Luxembourg may be brought (i) either before the Luxembourg courts, (ii) or before the jurisdiction of the place where the consumer Client is domiciled;
• the action brought against the Customer, consumer within the meaning of Article L.010-1 of the Consumer Code, by Auchan Luxembourg can only be brought before the courts of the Member State in which the Customer is domiciled. consumer.

Subject to the aforementioned mandatory legal provisions, the Luxembourg courts will have exclusive jurisdiction to hear any dispute relating to the interpretation, application and execution of the General Conditions of Sale, as well as any dispute relating to the use of the Gift card.