Internet Terms and Conditions for the sale of Vouchers to Consumers
1. Interpretation
1.1 Definitions. In these Conditions the following definitions shall apply:
Conditions: these terms and conditions which apply to the sale and purchase of Vouchers as amended from time to time.
Giftpro: ClearCourse Retail Limited, a company registered in England and Wales with company number 09136370 whose registered office is at 107 Cheapside, London, England, EC2V 6DN.
Order: your order for a Voucher made via the Website.
Product: the experience or service to be provided by us to which the Voucher relates, and the provision of which will be covered by our main terms and conditions.
Voucher: a voucher for a Product available for purchase via the Website by you.
We: the supplier of the Voucher to you.
Website: the website from which you can purchase a Voucher.
You: the person who purchases a Voucher from the Website.
1.2 Construction. In these Conditions, the following rules apply:
(a) a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
(b) unless the context requires otherwise, words in the singular shall include the plural and in the plural shall include the singular;
(c) a reference to “our”, or “us” or any other word imparting a similar meaning shall be referring to “we”, and similarly a reference to “your” shall be referring to “you”.
2. The Contract
2.1 These are the Conditions on which we supply Vouchers to you. These Conditions should be read in conjunction with our main terms and conditions which can be found on our website. Where the provisions of our main terms and conditions conflict with the provisions of these Conditions, in relation to the sale and purchase of Vouchers only, these Conditions will prevail.
2.2 Please read these Conditions carefully before you submit your Order for a Voucher to us. These Conditions tell you who we are, how we will provide the Voucher to you, how you can redeem the Voucher, how you and we may change or end the contract, what to do if there is a problem and other important information.
3. Information about us and how to contact us
3.1 We are Off the Rails Yarmouth a company registered in England and Wales with company registration number 9095514. Our registered office is at The Station, Station Road, Yarmouth, Isle Of Wight, PO41 0QT.
3.2 You can contact us by telephoning our customer service team at 01983761600 or by writing to us at offtherailsyarmouth@gmail.com.
3.3 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.
3.4 When we use the words "writing" or "written" in these terms, this includes emails.
4. Your Order
4.1 Our acceptance of your Order will take place when you receive an email confirming your Order, at which point the contract will come into existence between you and us.
4.2 If we are unable to accept your order you will be notified that the transaction has failed.
4.3 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 state the order number whenever you contact us about your Order.
5. Our products
5.1 The images of the Product on the Website are for illustrative purposes only.
6. Your rights to make changes
If you wish to make a change to your Order please contact us. 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 your Order or anything else which may be relevant 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 11).
7. Our rights to make changes
7.1 We may change or stop providing the Product:
(a) to reflect changes in relevant laws and regulatory requirements; or
to reflect changes to the Products we offer.
(b) We will notify you of any such changes and will explain the consequence of those changes on your ability to redeem your Voucher.
8. Our Third Party Agent
8.1 Giftpro is a third party agent who we use to process and administer our customers’ orders for Vouchers made via the Website.
8.2 For the avoidance of doubt, the contract for the sale and purchase of the Voucher is between you and us. Giftpro owes no obligations to you, and shall not be liable to you in any way in respect of any matter arising out of or in connection with the sale and purchase of the Voucher, even in the event of our insolvency or if we were to cease trading or for any other reason which would result in us being unable to fulfil our obligation to you in respect of your purchase of the Voucher.
8.3 If you have any questions in relation to your Order you should contact us, not Giftpro.
9. Delivery of the Voucher
9.1 Any costs of packaging and delivery will be as displayed to you prior to you purchasing the Voucher.
9.2 The estimated date of delivery of the Voucher will depend on your chosen delivery option, and will be as displayed to you at the time of choosing your delivery option.
9.3 Giftpro will use a third party delivery service provider to deliver the Voucher to you. Any dates stated for delivery shall be approximate and time shall not be of the essence of the contract.
10. Validity and redemption of a Voucher
10.1 A Voucher is valid for use from the date on which you receive it.
10.2 The Voucher will detail the specific terms and conditions relating to the Voucher and the Product which apply in addition to these Conditions and our main terms and conditions.
10.3 The Voucher will detail how it can be redeemed. You are advised to contact us in order to arrange a date and time to enjoy the Product, and any such date and time shall be subject to availability.
11. Your rights to a refund
11.1 You have 14 days from the date of the confirmation email which will be sent to you in accordance with clause 4.1 to change your mind and cancel your Order which will end the contract.
11.2 To cancel your Order, please let us know by doing one of the following:
(a) By Phone. Contact customer services on the number provided in clause 3.2. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) Online. Complete the form on our website.
11.3 If you cancel your Order for any reason after the Voucher has been dispatched to you or you have received it the Voucher code will be voided so that it cannot be redeemed.
11.4 If you or we cancel your Order and you are eligible for a refund, we will refund you the price you paid for the Voucher including basic delivery costs, by the method you used for payment.
11.5 We will make any refunds due to you as soon as possible, and in all cases refunds will be made within 14 days of the date on which we receive notification from you in accordance with clause 11.2 of your wish to cancel your Order.
11.6 If you have redeemed your Voucher you will not be entitled to cancel your Order or receive a refund as we will have fulfilled our obligations in supplying the Product to you.
12. Price and payment
12.1 The price of the Voucher (which includes VAT) will be the price indicated on the Website when you place your Order.
12.2 You must pay for the Voucher at the time you place your Order.
12.3 “OFF THE RAILS YARMOUTH” will appear on your bank or card statement in relation to the payment of your Order.
13. How we may use your personal information
13.1 We will use the personal information you provide to us:
(a) to supply the Voucher to you, which will include passing the personal information to Giftpro in order for Giftpro to process and arrange delivery of your Voucher;
(b) to process your payment for your Order; and
(c) if you agreed to this during the order process, to give you information about similar Products that we provide, but you may stop receiving this at any time by contacting us.
13.2 We will only give your personal information to third parties where we have your consent to do so or the law either requires or allows us to do so.
14. Other important terms
14.1 We may transfer our rights and obligations under these terms to another organisation. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
14.2 This contract is between you and us. No other person shall have any rights to enforce any of its terms and no other person, in particular Giftpro, shall owe any obligations under the contract.
14.3 These terms are governed by English law and you can bring legal proceedings in the English courts.