(A) Product description and specific obligations
1.1 You may submit orders for eGifts, gift cards or vouchers (Products) by completing the Order Form(s). Certain restrictions apply to how much Product you can order please see the Restrictions section of the FAQs for details.
1.2 The Products will be subject to redemption terms which will apply between the Product Recipient and the retailer issuing the Products. These do not form part of this Contract and will be available on the relevant retailer’s website for the Product Recipient to view.
1.3 Products are provided with a specified validity period. After this period of time has elapsed the Products will become void and cannot be redeemed. We will not issue a refund to you or the Product Recipient for Products which have not been redeemed by the expiry of the specified validity period.
1.4 We shall use reasonable endeavours to procure that the Products are delivered within a reasonable time of us receiving payment of the Charges relating to that Order Form. Delivery dates for Products cannot be and are not guaranteed and time is not of the essence in relation to these. We will arrange for the Products to be delivered to the delivery address(es) (whether physical or digital) set out in the Order Form.
1.5 We will also ensure that the Product can, where applicable, be redeemed in return for goods or services at the chosen retailer. Please note that we cannot be held liable in the event that a retailer is subject to insolvency.
1.6 You must notify us as soon as reasonably practicable but in any event within two (2) business days of delivery of any discrepancy between the quantity of Products ordered and the quantity delivered. Before contacting us in the case of non-delivery of eGifts please check your computer settings and confirm that delivery has not been intercepted by SPAM filters.
1.7 Risk in the Product shall pass to you/the Product Recipient (depending on to whom it is sent): (i) in the case of a physical gift card or voucher, at the point of delivery to the address nominated in your Order and (ii) in the case of an eGift, upon commencement of download or when we first make the eGift available for download or directly accessible from an email, whichever is the earlier. Please note that we cannot be held liable if you have provided us with an incorrect physical or digital delivery address and the Product sent to that address is redeemed, although we will use our reasonable efforts to assist you to send an eGift to a different digital address should you realise within a reasonable time that the original digital address provided by you was incorrect. Title to the Products shall remain with us until we have received full payment of the Charges in cleared funds.
1.8 We shall make available an e-mail and telephone help desk service for queries from you or the Product Recipients and we will display the contact details on https://business.giftcardstore.co.uk . The help desk service will be operational from 9:00am to 5:00pm GMT each business day
1.9 To the extent that your employees or customers are entitled under Applicable Law to cancel the Products which you have provided to them, you will be liable for the costs associated with such cancellation.
1.10 If you choose to purchase any Regulated Products then certain regulatory restrictions apply to that purchase, including the monetary value that can be loaded onto each such Product and the total value of regulated gift cards that can be purchased within the same order. For more details see the Restrictions section of the FAQs for details.
1.11 You may offer the Products to your employees or customers as a gift but you are not permitted to resell the Products. Breach of this clause 1.11 shall constitute a material breach of this Contract that is incapable of remedy and shall entitle us to terminate the contract immediately under clause 9.1.1.
(C) Payment terms
1.12 You will pay for all accepted Orders by debit card, credit card, or bank transfer before we dispatch the Products unless we have agreed in writing to allow you to pay after the Products are dispatched and in which case, you must pay us in accordance with the payment terms agreed on your account. For the avoidance of doubt, we do not accept payment for the Products by electronic money.
1.13 You will ensure that all marketing literature or communications to be used in relation to the Product are approved by us in writing prior to use. You acknowledge that we may need to obtain approval from third party providers and as such, we are unable to commit to timeframe for reviewing such literature and communications.
(E) Contracting with us and ordering
1.14 The parties may agree to the provision of the Products either as part of a one-off purchase or an ongoing purchase commitment.
1.15 In the case of a one-off Order, you can place such Order by signing the Order Form and returning it to us. Your signed Order Form is a binding offer by you to buy the Products subject to these terms. If you choose to order Products through any of our websites, then you will be deemed to have signed the Order Form by ticking the box on that website confirming that you have read and accepted our terms and conditions. Our acceptance of your offer will take place when we send you an email to accept to deliver the Products in the Order Form to the addresses provided by you, at which point the Contract will come into existence between us.
1.16 In the case of an ongoing purchase commitment, (i) you must sign a contract form and return it to us. Your signed contract form is an offer by you to buy the Products subject to these terms. Our acceptance of your offer will take place when we send you an email to accept it, at which point the Contract will come into existence between us; (ii) You may place an Order by completing an Order Form template which we have provided to you, signing that Order Form and returning it to us. Your signed Order Form is a binding offer by you to buy the Products subject to these terms.
1.17 We shall be free to accept or decline to deliver the Products in any Order Form to you at our absolute discretion.
1.18 If we are unable to agree to deliver the Products to you for any reason we will inform you of this in writing.
1.19 Orders can only be cancelled prior to commencement of despatch on the day the Order Form is submitted. To ascertain whether cancellation is possible, please email us at GCSorders@bhnetwork.com or call us on 0344 381 5046.
(F) Due Diligence and Fraud Prevention
1.20 You will provide us with all the information reasonably requested for the purpose of our due diligence checks (including but not limited to, information relating to your owners and identification evidence of your directors and any persons authorised by you to place orders with us).
1.21 If you are required to provide further information pursuant to clause 1.20 but have failed to do so then we may, at our entire discretion, reject your Order, refuse to dispatch the Products and/or terminate this Contract.
1.22 You will establish policies and maintain systems and processes, commensurate with industry standards, to secure your systems and networks and prevent access to them by unauthorised third parties which shall include ensuring that staff ordering Product(s) on your behalf have state of the art hacking detection mechanisms and appropriate firewalls and protections in place, including for staff working remotely, to detect and prevent account takeovers and/or unauthorised access. We shall bear no responsibility for any fraudulent activity, or any resulting losses, arising as a result of your breach of your responsibilities under this clause and/or a vulnerability in your systems/network and whether or not caused by a third party or the actions or omissions of your own staff. You shall be responsible (including the obligation to make payment for the same) for any Orders which are made whether or not the same arise out of the fraud, wilful default or negligence of your employees, agents or sub-contractors or an unauthorised third party accessing your computer network database or systems.
Breach of this clause 1.22 shall constitute a material breach of this Contract that is incapable of remedy and shall entitle us to terminate the contract immediately under clause 9.1.1.
1.23 Each Party agrees that upon having actual knowledge of any loss, theft, damage, unauthorised or fraudulent activity in relation to the ordering of the Products to notify the other Party and provide all relevant information in respect of the same.