General Terms and Conditions

Courtesy translation. In the event of any discrepancy, the Spanish version of these terms (available here) shall prevail.

1. OWNERSHIP OF THE WEBSITE

1.1. The owner of the website is NIQUELAO, S.L. (hereinafter, OKGIFT), with registered tax address at Camino Casas de Bárcena, 79, 46131 Valencia, Spain, registered in the Commercial Registry of Valencia (document 1/2019/31.203,0, volume 10741, book 8021, page 13, entry 1, sheet V-190056).

1.2. OKGIFT's owner tax ID (CIF) is B40616260.

1.3. Customer service: the contact e-mail is [email protected] and the WhatsApp contact number is (+34) 611 076 496.

2. PURPOSE AND SCOPE OF APPLICATION

2.1. These terms of use and contracting govern the use of the website okgift.es and of any related application (hereinafter, the WEBSITE), through which OKGIFT provides the REGALOCARD gift card service described in section 5.

2.2. Any USER who accesses the WEBSITE and uses its services agrees to be bound by these terms of use, contracting and operation.

2.3. Access to the WEBSITE, directly or through any domain name redirecting to it, confers on the visitor the status of USER and requires acceptance of all the conditions described in this document.

2.4. OKGIFT 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 shall respect the transactions already made by the USER, to which the version in force on the purchase date shall apply.

3. ADULTS ONLY

3.1. Access to the WEBSITE is intended for people 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 carried out by the minors in their care.

4. INTELLECTUAL AND INDUSTRIAL PROPERTY

4.1. OKGIFT owns the intellectual and industrial property rights, or has obtained the necessary authorisations or licences for their exploitation, associated with the domain name, trademarks and distinctive signs, the application, the published contents, the computer programs and the other works and inventions contained in or related to this WEBSITE and its associated technology. 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 way without the prior, written and explicit permission of OKGIFT.

4.3. When the USER publishes any content on the WEBSITE, including text, photographs or other multimedia content (hereinafter, User Content), the USER grants OKGIFT, which accepts, a non-exclusive, free licence, with the power to sublicense to any third party, worldwide, for the entire period of validity recognised for such rights under the applicable regulations, 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, third-party sites associated with OKGIFT, or social networks from OKGIFT's 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 connection with other content.
D. Carry out the technical or maintenance activities necessary for the fulfilment of the above.
The USER warrants that they own all the rights necessary over the User Content for the above uses and for the granting of the above licence, or that they have obtained all necessary transfers of rights, licences, permissions or consents.

4.4. OKGIFT assumes no liability whatsoever for the intellectual or industrial property rights of the User Content.

5. THE REGALOCARD SERVICE

The "REGALOCARD gift card" is a service that, by means of a locator code issued by OKGIFT, allows the recipient to obtain a gift card (virtual or physical) of their choice, issued by the company owning one of the brands or shops we work with. The brand indicated on the REGALOCARD is an initial suggestion: the recipient may confirm it or choose a different one among those available for the amount. Because of this distinctive "guaranteed to please" feature, we charge a handling fee for the service provided.

5.1. Registration and accuracy of data. The USER who sends or receives gift cards using the REGALOCARD service (hereinafter SENDER USER and RECIPIENT USER, as applicable) must complete the forms provided for this purpose on the WEBSITE, including contact details and, where applicable, delivery, payment and billing details, and accept the privacy policy and these terms. The USER undertakes to provide correct and truthful data and to keep it up to date; OKGIFT assumes no liability otherwise.

5.2. Brand and amount selection. The SENDER USER must suggest an initial brand or shop and indicate the amount (monetary value) of the associated gift card. Each brand or shop accepts the amounts it establishes itself, so a given brand may not be available for a specific amount. If at the time of brand confirmation the suggested brand is unavailable, the RECIPIENT USER must select another of the brands available at that time for the amount of their REGALOCARD, without this obliging OKGIFT to provide a gift card exclusively of the unavailable brand (see also clause 5.14).

5.3. Payment. The SENDER USER may pay for the service through any of the payment methods made available on the WEBSITE.

5.4. Confirmation and delivery. OKGIFT will confirm the transaction to the SENDER USER at the end of the purchase process, to the e-mail address provided. On the date and time selected by the SENDER USER, OKGIFT will send the RECIPIENT USER, by email, SMS or PDF, a gift code together with information on how to exchange the REGALOCARD locator for a conventional gift card issued by the chosen brand.

5.5. Handling fees and invoicing. OKGIFT will indicate the handling fees during the ordering process, and these must be accepted by the SENDER USER before confirming the purchase. OKGIFT will issue an invoice to the SENDER USER for the purchase of the REGALOCARD service, comprising the amount allocated to the gift card to be delivered to the recipient plus the handling fees and, where applicable, extras such as SMS notification. This amount is always disclosed before payment. Gift cards are VAT-exempt, so that item is invoiced without VAT.

5.6. Delivery after brand confirmation. OKGIFT will settle the REGALOCARD locator with the RECIPIENT USER by delivering a conventional gift card (virtual or physical) of the chosen brand. Wherever possible, delivery will take place within the 48 working hours following the exchange; processing time may suffer delays not attributable to OKGIFT due to incidents or to the processing and/or delivery times of the issuers. OKGIFT certifies that the gift cards delivered are acquired through legal and customary channels and that, barring an error by the issuer, they hold the amount indicated at the time of the exchange.

5.7. Gift cards issued by third parties. The gift cards delivered after the exchange are issued by third-party companies, acquired by OKGIFT from the issuer or an authorised supplier and delivered to the RECIPIENT USER exactly as received, without any modification. OKGIFT acts as a mere indirect transmitter and does not represent or act on behalf of those brands or companies. If the final gift card or gift code does not work, is wrong, has an incorrect balance, appears as already used or suffers any other incident, the USER must claim directly against the issuing company, and may request OKGIFT's intermediation; OKGIFT has no access to the issuer's systems and cannot check card balances or statuses. The issuer of each gift card is the party that guarantees its acceptance and correct operation in accordance with its own terms; OKGIFT assumes no obligation or guarantee whatsoever regarding such provision — however, when informed of any anomaly, it will use its best efforts to help find a prompt solution.

5.8. Risk, loss and bearer cards. The risk of loss and the ownership of a gift card are transferred to the RECIPIENT USER when it is sent and received electronically or physically. From that moment, OKGIFT is not responsible for the loss, theft, destruction or use of the delivered gift cards, nor for the disclosure by error or omission of the information contained in them; in these cases the gift card will not be replaced. Gift cards are bearer instruments: OKGIFT is not responsible if a third party uses the card before the RECIPIENT USER does (committing fraud), rendering it invalid. Nor shall OKGIFT be liable if the issuer blocks the gift card due to suspicions of unlawful or fraudulent conduct by the person seeking to use it, including the closure or blocking of that user's account in the issuer's systems; in such cases the claim must be made directly to the issuing brand. OKGIFT shall likewise not be liable if it cannot deliver an electronic gift card because the recipient's mailbox is blocked or full, our email is treated as SPAM by their provider, a firewall interferes, or for any other similar technological reason beyond our control.

5.9. No withdrawal. In accordance with consumer regulations, the REGALOCARD service provided by OKGIFT may not be subject to withdrawal by the USER, because the service is deemed fully performed, a circumstance known and accepted by the SENDER USER and the RECIPIENT USER (see the cancellation policy in section 8).

5.10. Validity period. If within 1 YEAR of payment for the service by the SENDER USER the RECIPIENT USER has not confirmed the desired brand (exchanged the locator following the instructions provided), the locator will expire and lose all its value, and no gift card may be obtained with it, as the period to claim it will have ended. The expiry date is indicated at the time of activation.

5.11. Use of the code. The okgift code (order number) included in REGALOCARD locators is not valid for direct use at the indicated shop or brand. Prior exchange is necessary and mandatory, following the instructions indicated on the locator itself.

5.12. Repurchase. OKGIFT reserves, at its own discretion, the right to repurchase its own REGALOCARD locators in specific cases where a suitable gift card cannot be provided as an exchange. In such a case, an amount in euros of up to 100% of the value indicated on the locator will be paid, subject to the RECIPIENT USER signing a purchase agreement placing this on record.

5.13. Download, copies and expiry of the final card. For security reasons, the RECIPIENT USER may download their final gift card (issued by the brand) for a period of 7 days from the exchange of the locator; after this period, the download link will expire. OKGIFT will keep the gift cards resulting from exchanges for only SIX months from the exchange or activation; during that period a copy may be requested through our contact channels, and once it has elapsed the information will be deleted from our system and no further copies will be provided under any circumstances. Final gift cards carry the expiry date indicated on them by their issuer, who is solely responsible for it; requesting or receiving a copy does not extend that expiry date.

5.14. Delivery in several cards and brand changes. OKGIFT reserves the right to deliver the total amount of the final gift card in several cards whose combined values are equivalent to that amount, regardless of whether or not they can be combined in a single purchase, due to stock issues, changes in the amounts issued by the brands or other factors. OKGIFT undertakes to deliver a gift card of the brand shown on the locator, or to issue a full refund, if the exchange takes place within 7 calendar days of the purchase date; after more than 7 days, OKGIFT may require the exchange for a different brand among those available at that time, when it is not possible to obtain the card of the initial brand for reasons beyond OKGIFT's control (discontinued issuance, stock shortage, temporary incident or similar).

5.15. Verification of contact details. For security reasons, OKGIFT is entitled to inform the purchaser of the REGALOCARD of the contact details provided by the recipient, in order to verify their legitimacy in case of doubt.

5.16. Tax matters. Gift card deliveries through OKGIFT take place between the SENDER USER and the RECIPIENT USER, so their taxation is the responsibility of each USER. Without prejudice to any professional advice they may seek, please note that receiving a gift card may be subject to Inheritance and Gift Tax before the tax authorities of the recipient's Autonomous Community of residence, and may have personal income tax (IRPF) implications for both USERS. The USERS are solely responsible for complying with their tax obligations, holding OKGIFT harmless otherwise.

5.17. USERS are informed that, as this is a gift card service, the legal product warranty provided for in consumer protection regulations does not apply, without prejudice to the rules set out in these terms.

6. FRAUD PREVENTION AND IDENTITY VERIFICATION (KYC)

6.1. In the event of suspected false, erroneous or untruthful data, OKGIFT reserves the right to block the purchase as a precaution on the grounds of presumed fraud, and may request from the purchaser evidence of their identity or of the ownership of the payment method used.

6.2. OKGIFT reserves the right to subject any transaction to a reinforced identity verification process before delivery of the digital product. This measure is adopted in compliance with Spanish Law 10/2010 on the Prevention of Money Laundering and to guarantee the security of the holder of the payment method. In purchases identified as high-risk, exceeding certain amount thresholds, or on a random basis, the customer must complete a biometric verification through our provider Veriff (or similar systems), providing an image of their identity document (ID card/Passport) and a proof of life (selfie). Delivery of the code or gift card shall be subject to the satisfactory completion of this process: the customer's failure or refusal to identify themselves shall entitle OKGIFT to withhold the order or proceed to its cancellation on suspicion of fraud.

6.3. Orders which by their characteristics are liable to be classified as possible fraud will be frozen and subsequently cancelled if the requested proof of personal data verification is not received within 72 hours; it will be requested from the purchaser at the same email used for the purchase. In some cases it will additionally be verified, via SMS or WhatsApp, that the mobile number provided during the exchange or activation is correct and corresponds to the person who carried it out; in the event of a negative answer or no answer, the order may also be frozen until an investigation is carried out.

6.4. If the purchaser declines to provide the verification and requests a refund of the purchase, it will be processed as soon as possible, paid to the same payment method used. If no answer whatsoever is received, as a security measure the amount will be withheld until its refund is requested by the person who made the purchase or by the legitimate holder of the payment method used, with the refund being made within a minimum of 7 and a maximum of 14 calendar days from the request.

6.5. OKGIFT reserves the right to reject and deactivate any REGALOCARD card if, exclusively at its own discretion, there is suspicion that it has been acquired fraudulently, stolen, or that it is being used fraudulently, improperly or in breach of these terms of use.

6.6. If, after the exchange of a REGALOCARD by the recipient, a claim is received from the holder of the payment method used for the purchase alleging fraudulent use of it, the recipient and receiver of the final gift card will be responsible for answering for this situation, and the amount delivered to them will be claimed from them through the appropriate legal channels.

7. NON-PAYMENT AND CHARGEBACKS

7.1. okgift codes belonging to an invoice that remains unpaid 2 months after its original due date will be blocked as a precaution until payment of that invoice is received or a new voluntary payment period is negotiated. Likewise, OKGIFT reserves the right to precautionarily block the codes of more recent invoices belonging to the same customer due to non-payment of an earlier invoice.

7.2. Bank claims (chargebacks) of payments made by bank card, Bizum or similar, for purchases of REGALOCARD cards already exchanged and satisfactorily received or used by the customer, will be considered attempted scams or fraud and, as such, may be reported by OKGIFT to the relevant authorities.

8. CANCELLATION / REFUND POLICY

8.1. No refunds will be accepted once the REGALOCARD gift card has been purchased, since it does not constitute the purchase of a product as such, but rather a code exchangeable for a value in euros. In this regard, the PURCHASER may not exercise the right of withdrawal or termination provided for in article 103 of Spanish Law 3/2014, of 27 March, amending the consolidated text of the General Law for the Defence of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of 16 November, as its exercise is excluded in these cases.

8.2. Cancellation and subsequent refund will only take place when the brand selected on the REGALOCARD is unavailable at the time of the exchange or activation and the recipient does not agree to receive a gift card from another brand, under the terms of clause 5.14. In that case, the refund will be made to the same payment method used to pay for the order, without undue delay and, in any event, no later than 14 calendar days from the date on which we are informed of the decision.

8.3. Refunds for orders paid by bank transfer. Where a refund is due for an order paid by bank transfer, OKGIFT will only pay the refund into a bank account whose holder's name matches the first name and surname(s) provided by the purchaser at the time of purchase. To this end, the purchaser must provide a bank account ownership certificate, issued by their financial institution, for the account into which the refund is requested, no more than 1 year old from its issue date. OKGIFT will not make any refund until this certificate has been received and verified.

9. CLOSURE OF THE REGALOCARD PROGRAMME

9.1. We reserve the right to close the REGALOCARD programme at any time with reasonable prior notice. If on the programme's end date there is an unused, unexpired locator, we will inform the recipient of the closure, and they will have 3 months to exchange or activate it. If no specific recipient has been established, the purchaser will be informed so that they in turn notify the recipient or exchange it themselves. Once this grace period has ended, no REGALOCARD may be activated or exchanged, and it will expire and lose all its value.

10. DISCLAIMER OF LIABILITY

10.1. OKGIFT does not own or exercise any ownership or control over the products or brands of the gift cards issued by third parties, unless otherwise stated, and disclaims any liability in the event of disagreement between the parties. Notwithstanding the foregoing, OKGIFT will exercise the utmost diligence to ensure the proper functioning of the platform.

10.2. OKGIFT shall in no event be liable for the content, operation or policies of other websites that may be accessed through links included on the WEBSITE, in emails or in issued PDFs, nor for the contents, services or products offered on them, unless those sites are owned by OKGIFT. Hyperlinks are included to facilitate the USER's navigation, are for information purposes only and do not imply any relationship between the third party and OKGIFT.

10.3. Access to, contracting and use of OKGIFT's services requires a computing device and an Internet connection, the costs of which are not included in the prices described in these legal terms.

10.4. OKGIFT applies the utmost diligence in implementing security measures; however, the safekeeping and proper use of the passwords for accessing the WEBSITE are the sole responsibility of the USER.

10.5. OKGIFT applies the utmost diligence to keep its online service available more than 99% of the time; however, it assumes no liability in the event of a prolonged service outage due to technical infrastructure problems.

10.6. OKGIFT applies the utmost diligence to deliver notifications by e-mail or SMS to RECIPIENT USERS; however, it assumes no liability if the RECIPIENT USER does not receive them due to their ANTI-SPAM filters or similar, a full mailbox, lack of GSM coverage or any other technical problem, whether their own or of the notification infrastructure.

10.7. All trademarks, websites, products, logos and registered companies not belonging to OKGIFT that appear on this site are the property of their respective owners and do not necessarily have a commercial relationship with OKGIFT, nor are they associated with or owned by OKGIFT; their rights remain fully reserved in their favour.

11. PERSONAL DATA PROTECTION

11.1. The personal data protection policy published on the WEBSITE shall apply. [Data protection policy]

11.2. By using this WEBSITE you consent to the use of cookies on your computer or device for the purposes set out in the COOKIE POLICY.

12. APPLICABLE LAW AND JURISDICTION

12.1. The terms and the use of the WEBSITE shall be governed by and construed in accordance with the laws of Spain and, for any dispute arising, the parties submit to the courts of the USER's domicile.

Version published on 3 August 2026