General Terms of Use

Last modified: 2nd September 2025

Article 1 – Definitions
  • Gift Giver: The natural person who purchases an optionality (digital gift voucher) via the Smart Giftly platform to be sent to a Gift Receiver.
  • Gift Receiver: The natural person who receives an optionality (digital gift voucher) from a Gift Giver and redeems it for a physical gift.
  • Optionality (Digital Gift Voucher): A unique digital code purchased by the Gift Giver, representing an entitlement to redeem a curated gift bag via the Smart Giftly platform. This voucher qualifies as a multi-purpose voucher (MPV) under Dutch and EU VAT law, meaning the applicable VAT and final product are not known at the time of purchase. As such, the invoice will be issued only after redemption, based on the product selected by the Gift Receiver. While the optionality remains valid for 2 years in accordance with Dutch law, Smart Giftly guarantees the availability of the selected gift bag contents for up to 4 weeks after purchase. After this period, the contents may vary due to seasonal availability, artisan production, or stock limitations.
  • Multi-Purpose Voucher (MPV): A digital voucher for which the applicable VAT and final product or service are not known at the time of sale. Smart Giftly’s optionality qualifies as an MPV under Dutch and EU VAT law, allowing invoicing to occur upon redemption.
  • Gift Bag: A selection of physical items, such as food products or handcrafted jewellery, offered by Smart Giftly in collaboration with artists and artisans.
  • Artists/Artisans: Independent brands or individuals partnered with Smart Giftly for the supply of handcrafted products, such as jewellery or specialty food items, which are included in the curated gift bags available for redemption by Gift Receivers.
  • Consumer: A natural person not acting in the course of a profession or business.
  • Third-party Shipping Provider: An external logistics company contracted by Smart Giftly to deliver physical gifts to Gift Receivers.
  • Day: A calendar day.
  • Durable Medium: Any tool that enables the consumer or Smart Giftly to store information in a way that allows future reference and unchanged reproduction (e.g., email).
  • Cancellation: The right of the Gift Giver to cancel the purchase of an optionality (digital gift voucher) within 48 hours of payment, provided the voucher has not been redeemed. This right is offered by Smart Giftly in addition to the statutory right of withdrawal and does not require a reason.
  • Right of Withdrawal: The statutory right of the Gift Giver to withdraw from the agreement within 14 calendar days after receiving the physical gift bag, provided the optionality (digital gift voucher) has been redeemed and the selected product is not exempt under Article 10. The Gift Receiver may act on behalf of the Gift Giver to initiate the withdrawal, but only the Gift Giver is the contractual party entitled to this right.
  • Cooling-off Period: The 14-day period following the delivery of the physical gift bag during which the Gift Giver may exercise the right of withdrawal, subject to the conditions and exclusions outlined in these Terms of Use.
  • Smart Giftly Platform: The online environment operated by PoriZma B.V. through which optionalities (digital gift vouchers) are sold and redeemed.
  • Agreement at a Distance: An agreement concluded between Smart Giftly and the Gift Giver without simultaneous physical presence, using digital communication.
  • Additional Agreement: Any agreement whereby the Gift Receiver receives physical goods based on the redemption of an optionality (digital gift voucher).
Article 2 – Identity of the Entrepreneur

Company Name: PoriZma B.V.
Platform Name: Smart Giftly
Registered Address: Prinsegracht 39E, 2512EW Den Haag
Email: info@smartgiftly.com"
Chamber of Commerce (KvK) Number: 86250434
VAT Identification Number: NL863910026B01
Website: https://www.smartgiftly.com
Contact Availability: Monday to Friday, 9:00–17:00 CET

Article 3 – Applicability

These Terms of Use apply to every offer made by Smart Giftly and to every agreement concluded at a distance between Smart Giftly and the Gift Giver. They also apply to Gift Receivers insofar as they interact with the Smart Giftly platform, redeem optionalities (digital gift vouchers), and receive physical products.

Gift Receivers do not enter into a purchase agreement with Smart Giftly. Their rights and obligations are limited to the use of the platform for voucher redemption, the provision of shipping information, and the receipt of physical products. Smart Giftly’s responsibilities toward Gift Receivers are limited to the proper handling of personal data and coordination of delivery via third-party shipping providers.

Only Gift Givers are entitled to a cooling-off period and may exercise the right of withdrawal, subject to the conditions outlined in Article 6.

Before a distance agreement is concluded, the text of these Terms of Use will be made available to the Gift Giver. If this is not reasonably possible, Smart Giftly will indicate how the Terms of Use can be accessed and that they will be sent free of charge upon request.

If the agreement is concluded electronically, the Terms of Use will be provided in such a way that they can be easily stored by the Gift Giver on a durable medium. If this is not reasonably possible, Smart Giftly will indicate where the Terms of Use can be accessed electronically and that they will be sent free of charge upon request.

If specific terms apply to certain products or services offered through Smart Giftly (e.g., food items or handcrafted jewellery), these will be provided alongside these general Terms of Use. In case of conflicting provisions, the Gift Giver may rely on the provision most favourable to them.

Article 4 – The Offer
  • If an offer has a limited validity period or is subject to specific conditions, this will be clearly stated in the offer.
  • Smart Giftly’s offer includes a clear and accurate description of the optionalities (digital gift vouchers) available for purchase, the redemption process, and the types of gift bags that may be selected by Gift Receivers. The description is sufficiently detailed to allow Gift Givers to make an informed decision.
  • Images used to represent gift bags or products may include AI-generated or AI-enhanced visuals. These are intended for illustrative purposes only and may differ slightly from the actual products received.
  • Obvious errors or mistakes in the offer do not bind Smart Giftly.
  • Smart Giftly guarantees the availability of selected gift bag contents for up to 4 weeks after purchase. After this period, the selection may change due to seasonal availability or artisan production limits.
  • Each offer includes sufficient information to make the rights and obligations of the Gift Giver clear, including:
    • The price of the optionality (digital gift voucher), including VAT.
    • The validity period of the voucher.
    • The redemption process for Gift Receivers.
    • Any limitations on product availability (e.g., perishable items, limited stock).
    • Shipping conditions and geographic restrictions (e.g., delivery only within the Netherlands).
    • Whether the cooling-off period applies (only to Gift Givers).
Article 5 – The Agreement

The agreement between Smart Giftly and the Gift Giver is concluded at the moment the Gift Giver completes the purchase of an optionality (digital gift voucher) via the Smart Giftly platform and fulfills the associated payment conditions.

As the optionality qualifies as a multi-purpose voucher, the invoice reflecting the redeemed product will be issued only after the Gift Receiver completes the redemption process. This invoice will be sent to the Gift Giver, who is the contractual party.

  • Payments are securely processed by a licensed third-party payment provider, which applies appropriate security protocols to protect transaction data. Smart Giftly does not store or access full payment details.
  • Smart Giftly will promptly confirm receipt of the order via email. Until this confirmation is received, the Gift Giver may cancel the agreement.
  • Smart Giftly implements appropriate technical and organizational measures to secure the electronic transmission of data and to ensure a safe online environment.
  • Smart Giftly may, within the boundaries of applicable law, verify whether the Gift Giver can meet payment obligations and assess other factors relevant to responsibly entering into the agreement. If Smart Giftly has valid reasons to decline the agreement, it may refuse the order or attach special conditions to its execution, with justification.
  • The agreement includes both the delivery of the optionality (digital gift voucher) to the Gift Giver and the successful redemption of the voucher and shipping of the selected gift bag to the Gift Receiver.

Upon completion of the purchase, Smart Giftly will provide the Gift Giver with the following information in a durable format (e.g., email):

  • Contact details for customer service.
  • Information about the applicability or exclusion of the cooling-off period.
  • Instructions for voucher redemption.
  • Price details including VAT.
  • Delivery conditions and limitations (e.g., shipping only within the Netherlands).
  • Payment and execution details.
  • The validity period of the voucher;
  • A reference to these Terms of Use.

Redemption and Shipping Process Overview:
After receiving the voucher code, the Gift Receiver can redeem it via the Smart Giftly platform by selecting a gift bag and providing shipping details. The gift bag is then shipped by a third-party logistics provider. A detailed description of the redemption process is provided in Article 21.

Gift Receivers do not enter into a purchase agreement with Smart Giftly. Their interaction is limited to voucher redemption and receiving physical products, subject to the conditions outlined in these Terms of Use.

Article 6 – Cancellation and Right of Withdrawal
Applicability

Smart Giftly enters into a distance agreement exclusively with the Gift Giver. The Gift Receiver is not a contractual party and may not exercise statutory consumer rights such as the right of withdrawal.

Cancellation Right (Before Redemption)

The Gift Giver may cancel the purchase of an optionality (digital gift voucher) within 48 hours of payment, provided the voucher has not been redeemed. No reason is required for cancellation. Upon valid cancellation, Smart Giftly will refund the full purchase amount to the original payment method.

Right of Withdrawal (After Delivery)

If the optionality has been redeemed and the physical gift bag delivered, the Gift Giver may exercise the statutory right of withdrawal within 14 calendar days of receipt. This right excludes products listed in Article 10 (e.g., perishable or hygiene-sensitive items).

Initiation and Notification

To initiate withdrawal, the Gift Giver must notify Smart Giftly via email or the template in Annex I. Upon receipt, Smart Giftly will inform both the Gift Giver and the Gift Receiver of the initiation of the withdrawal process.

Procedure for Cancellation

To cancel the purchase within the 48-hour period, the Gift Giver must notify Smart Giftly via email using the cancellation template provided in Annex I. The optionality must not have been redeemed. Upon receipt of a valid cancellation request, Smart Giftly will confirm and process the refund to the original payment method.

Procedure for Exercising the Right of Withdrawal

To exercise the right of withdrawal, the Gift Giver (or the Gift Receiver acting on their behalf) must notify Smart Giftly via email using the withdrawal template provided in Annex II. Upon receipt, Smart Giftly will inform both the Gift Giver and the Gift Receiver of the initiation of the withdrawal process.

Refunds

Smart Giftly will refund the full purchase amount to the original payment method used. Refunds are typically received within 2 business days from the date Smart Giftly received withdrawal request. If paid with credit or debit card, the refund may take up to 14 days to appear on the card statement.

Article 7 – Obligations of the Gift Giver During the Cancellation Period
  • During the 48-hour cancellation period, the Gift Giver must ensure that the optionality (digital gift voucher) is not redeemed. Redemption constitutes use of the service and excludes the right to cancellation.
  • The Gift Giver is responsible for safeguarding the optionality code. Smart Giftly is not liable for unauthorized use or redemption during the cancellation period.
Article 8 – Exercising the Right of Withdrawal and Associated Costs
Notification of Withdrawal

The Gift Giver must notify Smart Giftly within the applicable withdrawal period via email or the withdrawal template in Annex I.

Return Shipping

If the withdrawal is valid and the product is eligible, the Gift Giver — or the Gift Receiver acting on their behalf — must arrange and pay for the return shipping. Smart Giftly does not cover return shipping costs.

Refund Procedure

Upon valid withdrawal, Smart Giftly will refund the full purchase amount to the original payment method. Refunds are processed within 2 business days of receiving the returned product or proof of shipment.

Article 9 – Obligations of Smart Giftly Upon Withdrawal
  • Smart Giftly will confirm receipt of a valid withdrawal request via email and notify both the Gift Giver and the Gift Receiver.
  • Smart Giftly will:
    • Refund the full purchase amount, including any applicable VAT, to the original payment method used.
    • Process the refund within 2 business days of receiving the withdrawal request. For card payments, the refund may take up to 14 days to appear on the statement.
  • Smart Giftly does not charge any fees for processing the withdrawal.
Article 10 – Exclusion of the Right of Withdrawal

The right of withdrawal for the Gift Giver does not apply in the following cases:

  • The optionality (digital gift voucher) has already been redeemed by the Gift Receiver or any other party.
  • The Gift Giver explicitly waived the right of withdrawal during the purchase process.
  • The optionality (digital gift voucher) was used to select products that are:
    • Perishable, such as fresh food items with limited shelf life.
    • Custom-made, including handcrafted jewellery or artisan products tailored to individual preferences.
    • Sealed and not suitable for return due to hygiene or health protection reasons, if the seal was broken.
  • The optionality (digital gift voucher) was purchased for a specific date or occasion, and the redemption process has already commenced.

These exclusions apply only to the right of withdrawal and do not affect the 48-hour cancellation right prior to redemption.

Smart Giftly clearly communicates these exclusions during the purchase process and in the Terms of Use. By completing the purchase, the Gift Giver acknowledges and accepts these conditions.

Article 11 – Price

Smart Giftly offers optionality (digital gift vouchers) in fixed price categories. These prices are clearly stated on the platform and include VAT.

While the price of the optionality (digital gift voucher) remains fixed, the actual contents of the gift bag selected by the Gift Giver may vary under exceptional event if the Gift Receiver redeems the optionality after the availability period of 4 weeks. This variation may be due to:

  • Seasonal availability of products
  • Artisan production schedules
  • Limited stock or exclusive editions

Smart Giftly will make reasonable efforts to ensure the replacement selection remains similar in quality and value. However, deviations from the original selection may occur, and Gift Givers will be informed of any changes during the redemption process.

No additional charges apply to the Gift Receiver for redeeming the optionality (digital gift voucher), regardless of product variation.

Article 12 – Fulfilment of the Agreement

Smart Giftly provides the optionality (digital gift voucher) and the associated gift bag contents with the specifications stated at the time of purchase or of similar quality, subject to the conditions outlined in Article 4 and Article 11.

Smart Giftly provides:

  • The electronically delivery of the optionality (digital gift voucher), which can be redeemed via the Smart Giftly platform.
  • The gift bag contents selected by the Gift Giver are provided for redemption by the Gift Receiver for up to 4 weeks after purchase. After this period, the selection may vary due to seasonal availability, artisan production, or stock limitations, subject to the conditions outlined in Article 11.

Smart Giftly will make reasonable efforts to ensure that any replacement items are of comparable quality and value. However, exact replication of the original selection cannot be guaranteed.

Any additional guarantees provided by Smart Giftly or its partners (e.g., artists or artisans) do not limit the statutory rights of the Gift Giver under Dutch consumer law.

Article 13 – Delivery and Execution

Smart Giftly coordinates the delivery of physical gift bags through third-party shipping providers. Delivery is available only within the Netherlands.

Upon redemption of the optionality (digital gift voucher) by the Gift Receiver, the selected gift bag is prepared and shipped. The average delivery time is 1 to 2 weeks from the date of redemption. The delivery time might be impacted when item is personalized.

Smart Giftly does not offer immediate shipment. This approach is designed to:

  • Support sustainable and nature-friendly logistics,
  • Allow respectful collaboration with small producers (e.g. artists and artisans), avoiding any disruption to their creative or operational processes.
  • Balance cost and fairness in collaboration with artists and artisans.

Smart Giftly and its partners take great care in preparing and packaging the gift bag and contents. However, delivery times may vary due to seasonal availability, artisan production schedules, or logistical constraints.

The risk of damage or loss during shipment remains with Smart Giftly until the gift bag is delivered to the Gift Receiver.

Article 14 – Duration and Termination

Smart Giftly does not offer duration-based or recurring agreements. Each purchase of optionality (digital gift voucher) constitutes a one-time agreement between Smart Giftly and the Gift Giver.

The optionality (digital gift voucher) remains valid for 2 years from the date of purchase, in accordance with Dutch law. However, Smart Giftly guarantees the availability of the selected gift bag contents for up to 4 weeks after purchase. After this period, the selection may vary.

Gift Givers may not terminate or cancel the agreement after the optionality (digital gift voucher) has been redeemed, except as permitted under the right of withdrawal outlined in Articles 6–9.

Article 15 – Payment

The Gift Giver must complete payment at the time of purchasing the optionality (digital gift voucher) via the Smart Giftly platform. The agreement is concluded upon successful payment, as outlined in Article 5.

  • Payments are processed securely through a licensed third-party payment provider. Smart Giftly does not store or access full payment details.
  • Accepted payment methods are clearly listed during the checkout process. All prices include VAT and apply only to deliveries within the Netherlands.
  • The Gift Giver is responsible for ensuring that payment details provided are accurate and complete. If payment fails or is reversed, Smart Giftly reserves the right to cancel the order and invalidate the optionality (digital gift voucher).
  • No additional fees are charged for payment processing.
Article 16 – Complaints Procedure

Smart Giftly strives to provide a high-quality experience for both Gift Givers and Gift Receivers. If you have a complaint regarding the purchase, redemption, or delivery of an optionality (digital gift voucher) or the physical gift bag received, you may contact Smart Giftly via:

Complaints should include a clear description of the issue, relevant order or redemption details, and any supporting documentation.

Smart Giftly will respond to complaints as soon as reasonably possible. If a complaint requires further investigation, Smart Giftly will acknowledge receipt and provide an estimated timeline for resolution.

Although Gift Receivers are not party to the purchase agreement, Smart Giftly welcomes feedback and complaints from Gift Receivers regarding the delivery or quality of the gift bag. These will be handled with care and in good faith.

Article 17 – Disputes

These Terms of Use and any agreements arising from the purchase and redemption of optionality (digital gift vouchers) via the Smart Giftly platform are governed by Dutch law.

In the event of a dispute between Smart Giftly and a Gift Giver regarding the interpretation or execution of these Terms of Use, both parties will first attempt to resolve the matter amicably.

If no resolution is reached, the dispute may be submitted to the competent court in the Netherlands.

Smart Giftly is not currently affiliated with any formal dispute resolution body but intends to join the Dutch Thuiswinkel Organization in the near future to enhance consumer protection.

Until such affiliation is formalized, Smart Giftly remains open to mediation or informal resolution efforts initiated by the Gift Giver. Additionally, consumers may seek independent advice from ACM ConsuWijzer, the Dutch government’s consumer information portal.

Article 18 – Industry Guarantee

Smart Giftly is committed to fair business practices and consumer protection. In case of disputes or unresolved complaints, Gift Givers may seek independent legal advice or contact relevant consumer protection authorities in the Netherlands.

Smart Giftly welcomes feedback and aims to resolve issues in good faith, even outside formal industry frameworks.

Article 19 – Additional or Deviating Provisions

Any additional or deviating provisions from these Terms of Use shall not disadvantage the Gift Giver and must be clearly communicated during the purchase process or in writing.

Such provisions will be documented in a durable format (e.g., email or downloadable PDF) and made accessible to the Gift Giver for future reference.

In case of conflict between these general Terms of Use and specific product or service conditions, the Gift Giver may rely on the provision most favourable to them.

Article 20 – Amendments to the Terms of Use

Smart Giftly reserves the right to amend these Terms of Use at any time. Changes will be published on the Smart Giftly platform in a timely and accessible manner.

If an amendment affects an ongoing offer or agreement, the version of the Terms of Use most favourable to the Gift Giver will apply.

Gift Givers are encouraged to review the Terms of Use periodically. Continued use of the Smart Giftly platform after changes are published constitutes acceptance of the updated Terms.

Article 21 – Redemption and Delivery Process

The redemption process begins when the Gift Giver completes payment and receives the optionality (digital gift voucher) code via the Smart Giftly platform.

Redemption is considered complete when the Gift Receiver (or any party with access to the code):

  • Selects a gift bag via the Smart Giftly platform,
  • Provides the required shipping details,
  • Submits the redemption request.

Once the redemption is submitted, the delivery process begins. Smart Giftly coordinates shipment of the selected gift bag through a third-party logistics provider.

From the moment the redemption is submitted, the optionality (digital gift voucher) is considered used, and the 48-hour cancellation right is forfeited. The right of withdrawal may still apply after delivery, subject to the conditions and exclusions outlined in Articles 6–10.

Delivery typically takes 1 to 2 weeks and is subject to the conditions outlined in Article 13. The process concludes when the Gift Receiver receives the physical gift bag.

A redemption confirmation will be sent to both the Gift Giver and the Gift Receiver.

An invoice will be sent only to the Gift Giver, as they are the contractual party to the agreement.

In accordance with Dutch VAT law applicable to multi-purpose vouchers, Smart Giftly will issue the invoice to the Gift Giver only after the voucher is redeemed. The invoice will reflect the actual product chosen by the Gift Receiver and will be issued no later than the 15th day of the month following the redemption date.

Annex I – Model Cancellation Template

(This is not an automated form. If you wish to cancel your purchase within 48 hours, please copy the template below and send it by email to: info@smartgiftly.com".)

Subject: 
Cancellation Request – Order ID: [Insert order ID]

Content:

I/We hereby give notice that I/we cancel my/our agreement regarding:

Order ID: [Insert order ID]

I/We understand that this cancellation request will be processed in accordance with the Smart Giftly Terms of Use.

Name: [Insert full name]
Date: [Insert request date]
Annex II – Model Withdrawal Template

(This is not an automated form. If you wish to withdraw from your purchase, please copy the template below and send it by email to: info@smartgiftly.com .)

Subject:  
Withdrawal Request – Order ID: [Insert order ID]

Content:

I/We hereby give notice that I/we withdraw from my/our agreement regarding:

Order ID: [Insert order ID]
Reason of Withdrawal: [Insert your reason for the withdrawal request]
I/We understand that this withdrawal request will be processed in accordance with the Smart Giftly Terms of Use.

Name: [Insert full name]
Date: [Insert request date]