1. Definitions
1.1 In this Agreement, the following meanings apply:
Agreement the agreement between you and us for issue and
use of Voucher(s) and made on these terms as varied from time
to time.
Delivery Charge the charge for delivery of a Voucher(s) as
set out on the order form or as agreed at the time of ordering.
Retailer any business or organisation authorised by us at any
time to accept any Voucher(s) as payment.
Scheme the arrangements between Retailers and us for
acceptance of Voucher(s).
Voucher(s) any Voucher(s) issued by us and branded as a
Leisure Voucher.
Voucher Price the price for issue of a Voucher.
We, us, our the supplier Acorne Plc, trading as
Leisure Vouchers, registered in England number 2409444, having
its registered office at Acorne House, 9 Lane End Business Park
lane End, Bucks, HP14 3BY and any transferee of its rights
and/or duties under this Agreement, and any successor to its
business.
You, your the person named as the customer on the order
form. If you are more than one person, "you" and "your" refer
to all and any of you.
2. Business purposes
2.1 You declare that, in this Agreement, you are acting wholly for
your business purposes, and not for your personal purposes.
2.2 Your attention is drawn to Condition 3 on acceptance of
Vouchers, and Condition 10 on varying and ending the Scheme.
2.3 If you are more than one person, each of you will be
responsible for carrying out your duties under this Agreement;
for example, paying us in full under this Agreement.
2.4 If you hold an account with us for Voucher(s), these terms as
varied from time to time include the account terms as varied
from time to time.
2.5 This agreement is made on the terms set out on the order
form as varied from time to time to the exclusion of all other
terms, except to any extent expressly agreed in writing by our
duly authorised signatory.
2.6 In the event that any Special Conditions conflicts with any of
the business terms and conditions the special conditions shall
apply.
3. Vouchers
3.1 We issue Voucher(s) in our current denominations, for delivery
in the United Kingdom.
3.2 We authorise Retailers to accept any Voucher(s), as full or part
payment for goods, services and other items, on or before any
expiry date of the Voucher(s), at participating outlets in the
United Kingdom.
4. Ordering
4.1 You must tell us, when you order the Voucher(s): the quantity
of each denomination you require; the delivery address; your
name, telephone number for contacting you in case of any
query, e-mail address if any, and postal address; and any other
information we reasonably require for the purposes of your
order.
4.2 We may decline any order, or limit the amount of any order, for
any reason.
5. Payment - Credit Accounts Only
5.1 The Voucher(s) Price and Delivery Charge include any
applicable taxes. The Delivery Charge is payable in addition to
the Voucher(s) Price.
5.2 We will invoice you for the Voucher(s) Price following dispatch
of the Voucher(s). All invoices are payable within 30 days of
date of invoice.
6. Delivery
6.1 We will deliver the Voucher(s) within 10 days starting with the
day after your order for the Voucher(s) has received.
6.2 We will use reasonable efforts to deliver the Voucher(s) on or
about the estimated delivery date. We are unable to guarantee
the despatch date, owing to our operations, or the delivery
date, owing to our use of third parties.
6.3 We may require, when you order the Voucher(s), that delivery
is insured and/or signed for, owing to security concerns. Our
carrier may require, when delivering the Voucher(s), that the
addressee gives evidence of identity reasonably satisfactory to
the carrier.
7. Loss or damage
7.1 If the Voucher(s) is undelivered, you must report this within 2
working days starting with the estimated delivery date, and if
the Voucher(s) is delivered faulty or incorrect, you must report
this within 2 working days starting with the actual delivery
date, on our e-mail address or telephone number, quoting the
order number.
7.2 If you report on time, we will promptly investigate the matter
and despatch a replacement Voucher(s), unless the undelivered
Voucher(s) is likely to be delivered within a reasonable time
after the estimated delivery date or the matter was caused by
your negligence or fraud.
7.3 If you do not report on time or at all: the Voucher(s) will be
treated as issued and delivered in accordance with this
Agreement; you will be liable to pay the Voucher(s) Price and
Delivery Charge for the Voucher(s); and we will not be liable
for any loss resulting from the Voucher(s) not being issued or
delivered in accordance with this Agreement.
7.4 We will not be responsible for anything happening to the
Voucher(s) after it is delivered to the delivery address; for
example, any loss, theft, damage, non-use or unauthorised use.
8. Property
8.1 The Voucher(s) will become the property of the addressee
when it is delivered to the delivery address, except as
mentioned in Condition 8.2.
8.2 If you report on time that the Voucher(s) is delivered faulty or
incorrect, or if the Voucher(s) is surplus to your order:
(a) the Voucher(s) will remain our property, and you must not
use it; and
(b) you must send the Voucher(s), within 5 working days
starting with the actual delivery date and at our expense, to
our registered postal address at Acorne House, 9 Lane End
Business Park, Lane End, Bucks, HP14 3BY, quoting the order
number and the reason for return.
9. Restrictions on use
9.1 Vouchers may not be used:
(a) by telephone, fax, internet or other means where the
Voucher(s) itself is not presented at the time of the transaction
with the Retailer;
(b) to exchange for cash,Voucher(s) in different denominations,
or other voucher(s); for example, change will not be given for
any transaction made for less than the total amount of the
Voucher(s) presented;
(c) in or towards payment of any Voucher(s) Price, Delivery
Charge or account held with us;
(d) contrary to the Retailer's own restrictions; for example,
some Retailers or outlets accept Voucher(s) for full-price
transactions only;
(e) if damaged or defaced; or
(f) after any expiry date shown on the Voucher(s), or after any
earlier ending of the Scheme. Once expired Voucher(s) cannot
be re-issued.
9.2 Voucher(s) may be used by post, where the Voucher(s) itself
is/are presented at the time of the transaction with the
Retailer, but we recommend that you use special delivery.
10. Varying and ending the Scheme
10.1 Any Retailer or outlet may cease to participate in the Scheme
at any time for any reason. We may vary or end the Scheme at
any time for any relevant reason specified in Condition 12.1.
10.2 We will then use reasonable efforts to make arrangements for
Voucher(s) to continue to be accepted for a reasonable period
at the outlet(s) affected or, if we end the Scheme, for at least 6
months.
10.3 We are unable to guarantee that any Retailer or outlet will not
cease to participate in the Scheme sooner or without notice,
or that these arrangements will continue on the same terms or
at all until all Voucher(s) ordered by you are used or expired.
11. List
11.1 We will keep a list showing: current Retailers and outlets; the
Retailer's own restrictions on accepting Voucher(s), if any;
details of any Retailer or outlet that will cease to participate in
the Scheme; and details of any planned varying or ending of the
Scheme.
11.2 We recommend that, before ordering any Voucher(s) and
before travelling to any outlet or trying to use any Voucher(s),
any person intending to use the Voucher(s) checks on our list
and with the outlet that Voucher(s) are accepted and any
Retailer's restrictions.
11.3 We will update our list on each working day from information
reasonably available to us.We are unable to guarantee that the
list is accurate and complete, owing to our operations and our
use of third parties' information.
11.4 Our list may be checked on our website. The outlet's contact
details may be listed in its website or local telephone directory.
12. Varying and ending this Agreement
12.1 We may vary any term of this Agreement at any time for any
relevant reason specified below:
(a) to take account of any change that has happened or that we
reasonably expect to happen in the near future in: the Scheme;
market conditions; market practice; technology; law; any
voluntary code of practice applying to us; and any decision of
a court, regulator or other authority;
(b) if we reasonably consider this necessary or prudent for the
interests of any part of our business or our business as a
whole; or
(c) to make our terms fairer or easier to understand, or to
correct a mistake.
12.2 We will give at least 30 days' notice of varying a term or our
contact details, except we reserve the right to give notice
sooner or with immediate effect in exceptional circumstances.
We will give this notice in writing to you until your order is
fulfilled or resolved.
12.3 This Agreement will end when all Voucher(s) ordered by you
are used (or where applicable expired), or when the Scheme
ends, or under Condition 14, whichever is sooner, except as
mentioned in Condition 12.4.
12.4 If you hold an account with us for Voucher(s), the account
terms and the rest of this Agreement in relation to the account
terms will continue until the account is closed and all amounts
owing under the account terms are paid.
12.5 Ending this Agreement will not affect any rights or duties arising
before that time.
13. Our liability
13.1 We will not replace or make a refund for any Voucher(s),
except as mentioned in this Agreement.
13.2 We will not be liable for any loss resulting from:
(a) any Retailer refusing the Voucher(s), or any way in which the
Retailer communicates that refusal, unless caused by our fault;
(b) any Retailer refusing to supply, or making defective supply,
of any goods, services or other items for which the Voucher(s)
is used, unless caused by our fault;
(c) our being delayed in or prevented from carrying out our
duties under this Agreement by circumstances beyond our
reasonable control; or
(d) any varying or ending of the Scheme or this Agreement in
accordance with this Agreement.
13.3 We will not be liable for:
(a) any loss not reasonably foreseeable by you and us when this
Agreement was made;
(b) any loss not directly caused by our fault; or
(c) any business loss.
14. Circumstances beyond our control
14.1 If we are delayed in or prevented from carrying out our duties
under this Agreement by circumstances beyond our reasonable
control, we reserve the right to reduce the amount of your
order, to defer the delivery date, or to end this Agreement.
14.2 If those circumstances prevent us from delivering the
Voucher(s) within the 10 days delivery period in Condition 6.1:
(a) we will inform you of this promptly;
(b) we will make a full refund as soon as possible, and in any
case within 30 days starting with the day after the 10 days
delivery period expires; and
(c) this Agreement will end.
15. Communications
15.1 We will contact you under this Agreement at your contact
details last known to us. You must give at least two working
days' notice to us of any change in your contact details, until
your order is fulfilled or resolved.
15.2 We will send any notice in writing to you or by post. If we fail
to send any notice to you, or if you do not receive the notice,
this will not make the variation or other matter in the notice
invalid.
15.3 We recommend that you send any complaint in connection
with this Agreement in writing to our or postal address.
15.5 We will communicate with you in the English language.We may
record and monitor all communications between you and us
for quality, security and training purposes.
16. Transfer
16.1 Our rights and/or duties under this Agreement may be
transferred to any person.
16.2 You may not transfer your rights and/or duties under this
Agreement, but you may transfer the Voucher itself to any
person.
17. Logos
17.1 You must not use, or allow to be used, any logo, mark or name
of us or of any Retailer, or any confusingly similar indication,
except to any extent expressly agreed in writing by the owner.
18. Tax
18.1 We will not be responsible for paying any tax that may be due
in connection with transfer or use of the Voucher(s); for
example, any income tax for a benefit in kind.
19. General
19.1 If any term of this Agreement is not binding on you, this will not
affect any other term of this Agreement.
19.2 If we do not enforce our rights under this Agreement at any
time, this will not prevent us from doing so later.
20. Purchase Terms
20.1 For the protection of our customers and to ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998. If an order cannot be fulfilled for any reason, Acorne will promptly refund all monies.
21. Law
21.1 The law of England and Wales applies to this Agreement. The
courts of England and Wales may deal with any dispute in
connection with this Agreement.
(Business Terms and Conditions June 2007)