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Terms & Conditions

30 October 2018 – Version 1

1. These terms

  • 1.1 What these terms cover. These are the terms and conditions on which we supply gift vouchers for you to redeem against a selected experience.
  • 1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide gift vouchers to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

2. Information about us and how to contact us

  • 2.1 Who we are. We are Clockwork Marketing And Direct Mail Limited (trading as Gift Voucher Experiences). We are a company registered in England and Wales, our company registration number is 04831890 and our registered office is at Longlands Barns Whilborough Road, Kingskerswell, Newton Abbot, Devon, TQ12 5DY. Our registered VAT number is 811 581 449.
  • 2.2 What we do. We provide both electronic and printed gift vouchers for a wide range of experiences as detailed on our website (www.voucherexperiences.com). The experiences are provided by various third party suppliers and as such you will be entering into a contract with the selected third party supplier for the provision of your selected experience. You should make yourself familiar with the supplier’s terms and conditions before booking any experience.
  • 2.3 How to contact us. You can contact us using the following details.
  • 2.4 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
  • 2.5 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails but excludes fax.

3. Our contract with you

  • 3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
  • 3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the gift voucher. This might be, for example, because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the gift voucher.
  • 3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
  • 3.4 We only sell to the UK. Our website is solely for the promotion of our gift vouchers in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK.

4. Our GIFT VOUCHER EXPERIENCES

  • 4.1 Experiences may vary slightly from those displayed. Although we have made every effort to display and describe the experience accurately, your experience may vary from those depicted or described.
  • 4.2 Complimentary gift voucher. Any gift vouchers that are received as a competition prize or as part of a charitable donation cannot be exchanged, extended or refunded.
  • 4.3 Gift voucher validity. Each voucher is valid for 12 months from the date of issue (unless otherwise stated) and this date is clearly displayed on the gift voucher together with the unique identity code. Gift vouchers can only be extended if they are still valid and if the experience is still available from the supplier.
  • 4.4 Invalid gift vouchers. Any gift voucher will be deemed invalid if it has been damaged beyond repair, defaced, tampered with or the gift voucher expiry date has passed.
  • 4.5 Booking your experience. In order to avoid disappointment, you must book the experience in advance. All experience gift vouchers are subject to availability by the individual supplier. We will not be responsible for any costs incurred for cancellation or failure to attend your scheduled experience.

5. Your rights to make changes

  • 5.1 If you wish to make a change to a gift voucher. Please contact us and we will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the gift voucher, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8- Your rights to end the contract).
  • 5.2 If you wish to make a change to the experience. Once you book a specific date with a supplier of the experience you are bound by their terms and conditions and should refer to the relevant section regarding changes and cancellations. Once a date is confirmed with a supplier for the provision of the experience, any changes will be at the discretion of the supplier. Where a booked experience cannot be altered by the supplier, a refund will not be possible.

6. Our rights to make changes

  • 6.1 Minor changes to the gift vouchers and experiences. We may change gift vouchers or available experiences to reflect changes in relevant laws and regulatory requirements and/or to implement minor technical adjustments and improvements.
  • 6.2 More significant changes to the gift vouchers, available experiences and these terms. In addition, as we informed you in the description of the gift vouchers and experiences on our website, we may have to make more significant changes, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any gift voucher or experience paid for but not received.

7. Providing the GIFT VOUCHERS

  • 7.1 Delivery costs. The costs of delivery by Royal Mail will be as displayed to you on our website. Electronic gift vouchers will be dispatched at no extra cost.
  • 7.2 When we will provide the gift vouchers. During the order process we will let you know when we will dispatch the gift voucher to you. With the exception of our electronic gift vouchers, all vouchers are sent by first class Royal Mail post. Signed for delivery is available upon request and at an extra cost as detailed on our website. Electronic gift vouchers are dispatched immediately upon payment to the email address you have provided to us.
  • 7.3 We are not responsible for lost, stolen or used gift vouchers. All gift vouchers contain a unique identity code that can only be used once. We are not liable for any lost or stolen gift vouchers or any gift voucher codes used by any person other than the intended recipient of the gift voucher. We are not responsible for any electronic gift vouchers that are sent to an incorrect email address, where you have entered an incorrect email address at the time of purchase. Replacement gift vouchers are issued entirely at our discretion, to the original purchaser and subject to security checks.
  • 7.4 We are not responsible for delays outside our control. If our supply of the gift voucher is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any gift vouchers you have paid for but not received.
  • 7.5 If you do not re-arrange delivery. If no one is available at your address to take delivery and the gift voucher cannot be posted through your letterbox, you must contact Royal Mail to arrange for the redelivery or collection of your gift voucher from them.
  • 7.6 When you become responsible for the gift voucher. A gift voucher will be your responsibility from the time we deliver it to the address you gave us.
  • 7.7 When you own goods. You own a gift voucher once we have received payment in full.
  • 7.8 Reasons we may suspend the supply of gift vouchers to you. We may have to suspend the supply of a gift voucher to:
    • 7.8.1 deal with technical problems or make minor technical changes;
    • 7.8.2 update the gift voucher to reflect changes in relevant laws and regulatory requirements; and/or
    • 7.8.3 make changes to the gift voucher as requested by you or notified by us to you (see clause 6).

8. Your rights to end the contract

  • 8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
    • 8.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or get a service re-performed or to get some or all of your money back), see clause 11; or
    • 8.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2.
  • 8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 8.2.1 to 8.2.5 below the contract will end immediately and we will refund you in full for any gift voucher which has not been provided and you may also be entitled to compensation. The reasons are:
    • 8.2.1 we have told you about an upcoming change to the gift voucher, experience or these terms which you do not agree to;
    • 8.2.2 we have told you about an error in the price or description of the gift voucher you have ordered and/or experience you wish to book and you do not wish to proceed;
    • 8.2.3 there is a risk that supply of the gift vouchers may be significantly delayed because of events outside our control;
    • 8.2.4 we have suspended supply of the gift vouchers for technical reason; or
    • 8.2.5 you have a legal right to end the contract because of something we have done wrong.
  • 8.3 How long do I have to change my mind? We dispatch the gift voucher immediately upon acceptance of your order. Once your order has been accepted and we have dispatched the gift voucher, we cannot offer an exchange or refund. You may contact the Experience Supplier and they may offer an exchange/refund at their sole discretion.

9. Our rights to end the contract

We may end the contract if you break it. We may end the contract for a gift voucher at any time by writing to you if you do not make any payment to us when it is due.  

10. If there is a problem with the product

  • 10.1 How to tell us about problems. If you have any questions or complaints about the gift voucher, please contact us. You can contact our customer service team on the following contact details.
  • 10.2 Summary of your legal rights. We are under a legal duty to supply services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your statutory rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

If your product is services, for example a gift voucher for an experience, the Consumer Rights Act 2015 says:

  • a) You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
  • b) If you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
  • c) If you haven't agreed a time beforehand, it must be carried out within a reasonable time.

See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).

  • 10.3 Your obligation to return a rejected gift voucher. If you wish to exercise your legal rights to reject the gift voucher you must post it back to us, we will pay the costs of postage. Please contact our customer service team on the following contact details or to arrange the return.

11. Price and payment

  • 11.1 Where to find the price for the gift voucher. The price of the gift voucher (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the experience advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the gift voucher.
  • 11.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the gift voucher, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
  • 11.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the experiences and therefore gift vouchers we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the experience's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the experience's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
  • 11.4 What happens if there is a price difference. If the experience you have booked has increased in price since the purchase of the gift voucher, you will need to pay the price difference directly to the experience supplier on the day of the experience.
  • 11.5 When you must pay and how you must pay. We accept payment with Visa, Mastercard and American Express. You must pay in advance for all gift vouchers; once payment is received the gift voucher will be dispatched.

12. Our responsibility for loss or damage suffered by you

  • 12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
  • 12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the gift voucher including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care under the Consumer Protection Act 1987. For clarity, we are only responsible for the provision of the gift vouchers. The supplier will have responsibility for the experience you book.
  • 12.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the gift voucher for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13. How we may use your personal information

How we may use your personal information. We will only use your personal information as set out in our privacy policy.

14. Other important terms

  • 14.1We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
  • 14.2 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
  • 14.3 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
  • 14.4 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
  • 14.5 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to Centre for Effective Dispute Resolution (CEDR) via their website at www.cedr.com. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.

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