Conditions of use of the Voucher Express website
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply gift vouchers, gift cards and/or e-vouchers (or any combination of them) (referred to in these terms as “Vouchers”) to you. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide Vouchers to you, how you and we may change or end the contact, what to do if there is a problem and other important information. If you have any queries about these terms, please contact us to discuss.
2. Information about us
2.1 Who we are. We are Hemingways Marketing Services Limited trading as Voucher Express, a company incorporated in England and Wales with company number 00453174. Our registered office is at Metcalfe House, 23h Kirkgate Ripon, HG4 1PB.
2.2 How to contact us. You may contact us by telephoning us on 0371 384 5931, by emailing us at email@example.com or by writing to us at Metcalfe House, 23h Kirkgate Ripon, HG4 1PB.
3. Our contract with you
3.1 How we will accept your order. Our acceptance of your order takes place when we email you to accept it, or when we take successful payment on a telephone order, at which point a contract will come into existence between you and us. This applies whether you are purchasing postal or e-mail Vouchers. If we are unable to accept your order for any reason we will inform you in writing or by phone.
4. Gift Cards and Vouchers (“Vouchers”)
4.1 Vouchers may vary from the images shown. Any descriptive matter or advertising we produce and any descriptions of the Vouchers on our website are for illustrative purposes only and they give an approximate idea only of the Vouchers referred to in them. Your Vouchers may vary slightly from those images and descriptions.
4.2 Availability of Vouchers. The available Vouchers are described on our website as updated from time to time. We may change the range of available Vouchers at any time, without prior notification.
4.3 Return of Vouchers. You have a legal right to change your mind within 14 days of receiving the Vouchers. Provided that you have not used some or all of the value of the Vouchers within that 14 day period, you may contact us to request a refund for the Vouchers. We may require you to return the Vouchers to us.
4.4 Terms of the retailer. You should review the terms and conditions of the retailer in respect of which you have purchased the Vouchers. Each retailer operates its own policies in respect of issuing change after using a Voucher. Change may be given in the form of a lower denomination voucher/gift card or equivalent. In some circumstances change, typically if under £1, will be given in cash. In some instances no change will be given. The terms and conditions applicable to each Voucher may be changed by the relevant Retailer from time to time and we take no responsibility for any such changes.
4.5 Insolvency of a retailer. We have no direct link to any of the retailers that issue the Vouchers that we sell. If a retailer becomes insolvent, has an administrator or liquidator appointed or suffers a similar event, the Voucher may become invalid. In this scenario, we are under no obligation to replace or exchange any previously issued, unspent Vouchers that we have provided to you.
4.6 Damage to Vouchers. Vouchers which are damaged, defaced, altered or cancelled will not be accepted for use.
4.7 Multi option Vouchers. Some Vouchers are 'multi-option' Vouchers which are redeemable for goods in a variety of stores. We shall have no responsibility for any changes to the stores accepting such Vouchers, and for any changes to the terms and conditions applicable to each Voucher.
4.8 Expiry of Vouchers. Some Vouchers are ‘open ended’ and do not have an expiry date. Some Vouchers do have an expiry date and you are responsible for checking any such dates. You should confirm the status of expiry on each Voucher prior to placing your order with us.
5.1 Delivery costs and timescales. The costs and timescales of delivering postal Vouchers will be as displayed to you on our website or as otherwise notified to you.
5.2 We are not responsible for delays outside our control. If our supply of the Vouchers is delayed by an event outside of our control, including where you have provided incorrect delivery instructions, then we will contact you as soon as possible to let you know and 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 Vouchers you have paid for but not received.
5.3 Check your Vouchers. You should check your Vouchers promptly on receipt to ensure the quantities are correct and the Vouchers are not damaged. If the Vouchers are faulty or incorrect, you may contact us to receive a full refund within 30 days of the date you receive the Vouchers. After the end of the 30 day period and before the end of the 6 month period from the date you receive your Vouchers, we will, at our choice, repair, replace or issue a refund for any faulty or incorrect Vouchers.
5.4 Replacement Vouchers. These terms apply to any replacement Vouchers we supply.
5.5 Postal Vouchers
5.5.1 Postal vouchers will be sent to the delivery address stated in your order. Delivery of Vouchers will be made using either Royal Mail or a variety of carriers depending on the size and value of the order. Most deliveries of Vouchers sent by post are sent using a registered service and will require signature on arrival. In certain circumstances, First Class post may be used.
5.5.2 Delivery Times. Our delivery times will be notified to you when you place your order for Vouchers. If you would like to review our standard delivery times, please visit https://www.voucherexpress.co.uk/content/delivery.aspx.
5.5.3 If we are unable to deliver. If you are not at home when the Vouchers are delivered and they cannot be posted through your letterbox; dependant on the delivery method, a note may be left informing you of how to rearrange delivery, or the Vouchers may be returned to Voucher Express. If you do not re-arrange delivery or collect the Vouchers, and despite our reasonable efforts we are unable to contact you, we may end our contract with you and process a refund of the original payment.
5.6 Digital Vouchers
5.6.1 Delivery of digital Vouchers. Digital Vouchers will be delivered by email and/or SMS text, as requested by you when you place your order.
5.6.2 If you do not receive your Vouchers. If you have requested Vouchers to be sent by e-mail or SMS, please let us know if you do not receive your Vouchers within 4 working hours of making your request by contacting us by phone on 0371 384 5931 or by email at firstname.lastname@example.org.
5.7 When you become responsible for the Vouchers. The Vouchers become your responsibility from the time we deliver the Vouchers to you.
5.8 When you own the Vouchers. You own the Vouchers once we have received payment in full for them.
6. Price and Payment
6.1 Where to find the price of the Vouchers. The price of the Vouchers shall be the total value you select when you place your order with us. We will notify you of delivery costs, if applicable, before you place the order.
6.2 When you must pay and how to pay. We accept payment with all major credit and debit cards, PayPal and alternative payment methods listed on our website. You must pay for the Vouchers before we dispatch them.
7. Limitation of Liability
7.1 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
7.2 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 Vouchers including the right to receive Vouchers which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill; and for defective products under the Consumer Protection Act 1987.
7.3 We are not liable for business losses. We only supply the Vouchers for domestic and private use. You must not re-sell the Vouchers for any reason. If you use the Vouchers 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.
8. Data Protection
9.1 We may transfer our contract with you to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this.
9.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or obligations under these terms to another person if we agree to this in writing.
9.3 Nobody else has any rights under our contract with you. The contract is between you and us. No other person shall have any rights to enforce any of its terms.
9.4 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 a court decides any of them are unlawful, the remaining paragraphs will remain in full force and effect.
9.5 Which laws apply to the 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 Vouchers in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Vouchers in either the Scottish or English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Vouchers in either the Northern Irish or the English courts.