Refund Policy

Effective date: 08.04.2025

1. Introduction

GalaxyGrip OÜ (“we”, “our”, “us”), registered in Estonia (Registration Number 16776100), operates the website xgify.com, which specializes in the sale of digital gift certificates and mobile account top-up cards (collectively, “Digital Products”). This Refund Policy explains the rules and procedures for requesting refunds on purchases made via xgify.com, ensuring transparency and a consistent standard for all customers. It reflects our commitment to comply with relevant Estonian and EU consumer protection laws (notably Directive 2011/83/EU), as well as our own Terms and Conditions and AML/KYC Policy.

Scope of This Policy and Legal Context:

• This Policy is designed to address how refunds are handled for intangible, electronically delivered products, which can be accessed immediately upon purchase.
• We acknowledge that digital items (especially gift certificates or top-up codes) may be subject to specific legal rules on revocation or withdrawal. Consequently, this Policy outlines the rights and responsibilities of both parties in connection with refunds, taking into account the immediate-usability of Digital Products.
• By purchasing Digital Products from xgify.com, you agree to this Refund Policy, which is part of our overarching contractual framework governing your use of our Services (see our Terms and Conditions).

2. Applicability

This Refund Policy applies exclusively to the Digital Products purchased directly on xgify.com. Specifically:

1. Direct Purchases: Only purchases completed through our official website, xgify.com, are covered by this Policy.
2. Third-Party Channels: If you acquire a gift certificate or top-up code from a third-party marketplace, reseller platform, or separate promotional event not organized by xgify.com, this Policy does not apply. You should consult that third party’s refund policy.
3. Jurisdictional Coverage: Our Policy reflects compliance with EU consumer directives and Estonian law. If stricter local laws apply to you as a consumer in another EU Member State, we will adhere to those requirements. Conversely, legal entities are not afforded consumer-specific protections, as further detailed below.
4. Integration with Other Policies: This Refund Policy is to be read in conjunction with our AML/KYC Policy for identity verification during refund requests, and our Terms and Conditions which cover general usage of xgify.com.

3. Definitions

In addition to terms defined in our Terms and Conditions, the following definitions apply to this Refund Policy:

• Digital Products: Gift certificates and mobile account top-up cards available through xgify.com, typically delivered electronically (via email or on-screen) without physical shipment.
• Unused Digital Product: A Digital Product (e.g., a gift code or mobile top-up) that has not been activated, redeemed, or otherwise utilized post-delivery. An unused code retains its full original value.
• Used or Activated Digital Product: A Digital Product that has been partially or fully redeemed, or otherwise activated. In such cases, its remaining value may be reduced or exhausted.
• Defective or Invalid Digital Product: A Digital Product proven to be non-functional, incorrectly valued, or impossible to redeem at the time of delivery. This includes codes that have technical errors preventing redemption.
• Consumer: A natural person acting for purposes outside their trade or profession, entitled to certain statutory withdrawal rights under EU directives. Legal entities (companies, organizations) do not qualify as consumers and are not entitled to the 14-day withdrawal right for digital content.
• 14-Day Withdrawal (Cooling-Off) Period: The statutory period under EU consumer law during which an eligible consumer can withdraw from an online purchase without giving a reason, subject to exceptions for immediately delivered and used digital content.

4. Refund Eligibility

We recognize the importance of providing clear guidance on refund requests for intangible Digital Products that can be accessed or activated immediately after purchase. The rules below specify who qualifies for a refund, under what circumstances, and the underlying legal rationale.

4.1. Consumers (EU 14-Day Withdrawal Right)

• Unused Digital Products: Consumers (natural persons purchasing for personal use) within the EU are entitled to withdraw from a distance contract within 14 calendar days of purchase, provided the Digital Product remains entirely unused. In such cases, a consumer is generally eligible for a full refund.
• Used or Activated Digital Products: If any portion of the Digital Product’s value has been redeemed, activated, or otherwise consumed, it is typically not eligible for a refund unless it falls under a defect or invalidity scenario (Section 4.3 below). By using or redeeming a Digital Product, the consumer acknowledges waiving the right to withdrawal for that specific item, as allowed under EU law for digital content delivered immediately upon consumer consent.

4.2. Legal Entities (Business-to-Business Transactions)

• No 14-Day Withdrawal: Companies, organizations, or other legal entities are not considered “consumers” and therefore do not benefit from the statutory cooling-off period under EU consumer directives.
• Limited Refund Eligibility: Legal entities may only request refunds for Digital Products that are proven defective or invalid at the time of delivery (see Section 4.3). Discretionary refunds may also be considered on a case-by-case basis, but are not guaranteed.

4.3. Defective or Invalid Digital Products

Regardless of consumer or legal-entity status, all customers may request a refund or replacement if the Digital Product delivered is objectively defective or invalid. This includes:

• Digital Products that cannot be redeemed due to a technical fault.
• Incorrectly valued codes (e.g., a voucher balance that is different from what was advertised).
• Codes that were not properly activated or recognized by the issuing provider.

In such cases, we will investigate and, if the defect is confirmed, either replace the item with a valid Digital Product of the same value or issue a full refund, even if the Digital Product was partially used in the attempt to redeem it.

5. Exceptions to Refunds

While we strive to treat all refund requests fairly and transparently, certain scenarios are exempt from refunds:

1. Fully Redeemed Products: If the Digital Product’s entire value has been used, the sale is considered final, barring proven defects (Section 4.3). No refund will be granted for Digital Products completely consumed as intended.
2. Out-of-Period Requests: Refund requests made beyond the 14-day statutory withdrawal window (for consumers) or after a significantly prolonged period (for legal entities) will not be considered, unless mandated by specific consumer laws or agreed upon by us at our discretion.
3. Waived Right of Withdrawal: Where a consumer explicitly consented to immediate access and waived the statutory right to withdraw (e.g., selecting instant delivery and acknowledging no refunds after activation), no withdrawal-based refund claim may be made.
4. Fraud or Policy Violations: Requests associated with fraudulent activities, misuse of codes, or any breach of our Terms and Conditions or AML/KYC Policy may be rejected without further obligation. We reserve the right to investigate suspicious patterns and, if warranted, report them to relevant authorities.
5. Technical Limitations: If partial refunds cannot be supported due to third-party system limitations (e.g., the issuing retailer cannot reinstate a remaining balance), we may have to decline a request even if some portion is technically unused. We will communicate such limitations clearly if they arise.

6. Refund Procedure

If you believe your purchase is eligible for a refund under the criteria above, please follow these steps:

1. Contact Customer Support: Email us at [email protected] with the subject line “Refund Request.” Provide the following details:
   • Your full name or legal entity name (if applicable).
   • Order number or transaction ID, along with the date of purchase.
   • A brief explanation of why you are requesting a refund (e.g., Digital Product unused, partially used but defective, invalid code, etc.).
   • Any supporting evidence (e.g., screenshots of error messages, confirmation that the code is unredeemed, or proof of purchase).

1. Verification and Documentation: We may request additional verification documents in line with our AML/KYC Policy. For instance, we might need a government-issued ID or other proof of identity to confirm rightful ownership of the payment method. If you fail to provide necessary documentation, we may be unable to process your request.
2. Review and Initial Response: Our team will acknowledge receipt of your request within a reasonable timeframe (usually within 3–5 business days) and may seek clarifications or evidence if needed. We aim to evaluate each request thoroughly, checking usage logs, transaction details, and any relevant system data.
3. Resolution: Once the review is complete, we will notify you of our decision:

1. • Approved Refund: If approved, you will receive instructions on the refund process. The refund amount typically mirrors the purchase price paid for the Digital Product, minus any applicable fees or partial usage if relevant. Refunds are issued to the original payment method unless otherwise agreed.
   • Replacement Issued: In cases of defective or invalid items, we may opt to provide a replacement code or top-up of equivalent value instead of a monetary refund.
   • Denied: If we deny the request, we will give a brief explanation. Denials can occur for reasons including (but not limited to) ineligibility, incomplete or incorrect supporting evidence, expiration of the refund window, or policy violations.

If your request is approved, we typically process refunds or replacements promptly, often within 7–14 days. However, delays may occur due to third-party processing times or if further AML/CTF checks are needed. We appreciate your patience.

Refund requests will be reviewed and responded to within 10 business days. Approved refunds will be processed via the original payment method within 14 days of approval. We are not responsible for any delays resulting from your bank or payment service provider.

In exceptional cases, we may offer alternative solutions, such as issuing replacement Digital Products or store credits.

7. Processing and Payment of Refunds

1. Review Period and Communication:
   
   • Upon receiving your refund request (complete with all required information and documentation), our support team will acknowledge it typically within 3–5 business days, confirming that the request is under review.
   • We aim to complete our initial assessment and provide an outcome or further instructions within 10 business days of receiving a complete request. During this time, we may contact you for clarifications or to submit additional evidence. Prompt cooperation from you will help expedite the evaluation.

1. Approval and Timing:
   

1. • If your refund request is approved, we will notify you via email (or your provided contact channel). Refunds are generally processed to the original payment method within 14 days following approval, subject to possible delays by your bank or payment provider.
   • In certain circumstances—such as if the original payment method cannot accept a return or has expired—we may offer an alternative payment method for your refund (e.g., bank transfer or store credit), provided it complies with our AML/KYC requirements.

1. Partial Refunds and Alternative Remedies:
   

1. • If the Digital Product was partially used (but still qualifies for a refund, e.g., a proven defect), we may issue a proportional refund corresponding to the unused portion, if technically feasible.
   • We reserve the right to provide replacement Digital Products or other remedies (like a store credit) instead of a direct monetary refund, particularly for defective or invalid codes where an equivalent replacement product is readily available and acceptable to you.

1. Potential Processing Delays:
   

1. • Refunds handled via third-party payment processors (credit card networks, e-wallets, etc.) may be subject to additional processing or transfer timelines beyond our control. We are not liable for bank charges, currency conversion fees, or additional transaction fees imposed by your financial institution.
   • Delays may also occur if we initiate enhanced identity checks under our AML/KYC Policy.

1. Confirmation of Completion:
   

1. • Once the refund is processed, you will receive a confirmation email. Depending on your payment provider’s policies, the refunded amount may take several days to appear in your account. If the funds have not arrived after a reasonable period, please contact our support team or your payment provider for assistance.

8. Fraud Prevention and AML Compliance

Commitment to Security: We are dedicated to safeguarding our platform from fraudulent or illicit activity. To that end, we maintain robust procedures in line with our AML/KYC Policy and applicable Estonian/EU laws. All refund requests are subject to monitoring and risk assessment to detect unusual patterns.

Identity Verification: In certain cases, we may require Know-Your-Customer (KYC) verification before approving a refund. This might involve requesting documents (e.g., government-issued ID, proof of payment method ownership) to confirm that you are the legitimate purchaser entitled to the refund. Failure to cooperate or refusal to provide requested documentation may result in denial of your refund request.

Suspicious or High-Risk Activity: If any transaction or refund request triggers alerts for suspected fraud, money laundering, terrorist financing, or other illicit activity, we reserve the right to temporarily suspend or refuse the refund, pending further investigation.

Where required by law or regulation, or if strongly indicated by our internal checks, we may report such suspicious activities or refund requests to relevant authorities (e.g., financial regulators or law enforcement).

Consequences of Non-Compliance: Refund requests stemming from stolen payment credentials, repeated chargeback abuse, or other fraudulent schemes will be rejected. We also reserve the right to suspend or terminate related user accounts, block future transactions, and pursue legal or administrative remedies if warranted.

Privacy and Data Protection: Any personal information we obtain during fraud checks or identity verification is handled in accordance with EU General Data Protection Regulation (GDPR) standards and our Privacy Policy. Data is collected and used solely for the purpose of preventing financial crime, verifying rightful ownership, and complying with legal obligations.

9. Amendments

Right to Modify: We reserve the right to update or amend this Refund Policy at any time. Changes may be necessary to reflect updates in the law, changes to our internal procedures, the addition of new Digital Products, or to improve clarity and fairness to our users.

Notification of Changes: If we make material modifications that significantly affect your rights or obligations, we will publish the revised Refund Policy with a new “Effective Date” on our website, xgify.com. We may also provide additional notice (such as email notifications or an announcement on our Site) in our discretion.
Your continued use of xgify.com or Digital Products after any updated version of this Refund Policy is posted constitutes your acceptance of the amendments.

Version History: For transparency, we may keep a version history or summary of significant changes at the end of this Policy. This aids both regulatory review and helps customers understand how and when the Policy has evolved.

Effect of Amendments on Existing Transactions: Changes to this Refund Policy typically apply only to purchases made after the revised Policy’s Effective Date. For purchases completed prior to the effective date of an update, the version of this Policy in force at the time of purchase generally governs unless otherwise required by law.

10. Contact Information

If you have any questions about this Refund Policy or need to initiate a refund request, please contact us using the information below.

• Company Name: GalaxyGrip OÜ
• Registration Number: 16776100
• Registered Address: Harju maakond, Tallinn, Lasnamäe linnaosa, Katusepapi tn 6-502, 11412, Estonia
• Website: https://xgify.com
• Email: [email protected]