Terms and ConditionsAll the terms and conditions that you need to agree
These Terms and Conditions ("the Terms") are important and should be considered carefully before you purchase or use a GiftChoice® product. The Terms apply to all transactions carried out with GiftChoice®, through our website and our order fulfilment system. They also apply to all transactions arising for the supply of goods by us to you. Please read them carefully. These terms have been designed to protect you, to protect our rights as a business, and to create a clear understanding between us. If you have any questions relating to the Terms, please e-mail us at click here to contact us. GiftChoice is operated by Intelligent Card Solutions Limited t/a ICS, a company registered in England and Wales under Company Registration number 06729907. Our Registered Offices are located at: Intelligent Card Solutions Limited, Westside, London Rd, Hemel Hempstead, HP3 9TD. GiftChoice® is registered trade mark of Intelligent Card Solutions Limited and, all rights are reserved. For purposes of the Terms "we", "us", "our" refer to Intelligent Card Solutions Limited and "you" and "your" refer to you the user of our GiftChoice® product unless the context clearly indicates otherwise. For clarity, and to ensure understanding, ‘Code’ in these Terms refers to a unique code number which is recorded against a physical or digital GiftChoice® product, which may be purchased through our retail partner(s) or the GiftChoice website. 'Redeem' or 'redemption' in these Terms refers to the redemption of the Code, through the GiftChoice website in exchange for goods. The goods that you can redeem your Code against are digital eGiftcards, offered by participating retailers (delivered electronically by email, in the form of a code and PIN or a URL link), to allow you to make purchases from that participating retailer. Individual eGiftcards supplied will be subject to the participating retailers’ own applicable terms and conditions for that eGiftcard, which will be made clear when you take delivery e.g. they will be referred to in the accompanying email that is sent with the eGiftcard.
1.1 The use of the Code is subject to the Terms, as may be varied by us from time to time. We will ensure that the applicable and up-to-date Terms are freely accessible on the GiftChoice Website. Purchase of the GiftChoice® product and redemption of the Code constitutes your acceptance of the Terms.
1.2 The Code will not be personalised; meaning your name or that of the intended recipient will not be printed on any physical GiftChoice® product that you may purchase or that you may receive. The physical GiftChoice® product is transferable by delivery.
1.3 The Code will normally be activated for redemption on the GiftChoice website within one hour from the time of purchase; the Code may not be used in the intervening period.
1.4 Please record the Code and retain the purchase receipt as proof of purchase; particulars of the Code will be needed to redeem the Code through the GiftChoice website, to check the balance available on the Code or if the Code is lost or stolen.
1.5 The Code (and any GiftChoice® product) belong to us, and remain our property at all times. It must be returned to us immediately upon request; physical GiftChoice® product being cut in half vertically. We or any person acting on our behalf may retain the Code (or GiftChoice® product) at any time without notice to you.
1.6 Once purchased Codes are non-rescindable, non-refundable, non-transferable, and cannot be exchanged for cash.
1.7 The Code will automatically expire 12 months from date of purchase, and any balance remaining on the Code at that time will be forfeited.
1.8 We cannot be held responsible for the unauthorised use of the Code where the Code number and/or PIN have been knowingly or unknowingly disclosed to another party. We take no responsibility for any loss you may incur as a result of Code theft, impersonation or identity fraud.
1.9 The Code is for personal use only and it may not be used by you for the purpose of any commercial gain (including but not limited to resale).
1.10 We reserve the right to amend the terms applicable to the Code at any time and to take appropriate action, including the cancellation of the Code or any remaining Code balance if, at our discretion, we deem such action necessary; this includes where fraudulent activity is known or suspected or we have legal, regulatory or other objectively justifiable reason. This does not affect your legal rights.
2.1 At all times, you must:
(a) treat the Code as if it were cash;
(b) take all reasonable care and precaution in the custody of the Code and make every effort to ensure that the Code is not lost, mislaid or stolen;
(c) keep all transaction receipts associated with the GiftChoice® product and acknowledgements issued by us safe, and dispose of them carefully.
3.1 The Code may only be redeemed through the GiftChoice website, in exchange for an eGiftcard from a participating retailer, in accordance with our online process and any instructions issued by us. The up–to-date list of participating retailers is published on the GiftChoice website; the participating retailers and the eGiftcards featured may change from time to time. GiftChoice is not directly linked to any of the participating retailers. The Code cannot be redeemed directly with any participating retailer.
3.2 Whilst every care has been made to ensure that the details of the eGiftcards offered are accurate, all eGiftcard options are subject to availability and some details may change at the discretion of the participating retailer. We do not guarantee the continuing availability of any particular eGiftcard or the continued participation of a retailer.
3.3 To redeem the Code in exchange for an eGiftcard you must be resident in a country recognised as a 'user country' of the eGiftcard, as recorded in the GiftChoice website database. The processes in the GiftChoice website will determine rules to allow Code redemption to occur, including only allowing the issue of an eGiftcard in a currency appropriate to your country of residence.
3.4 As part of the redemption process, you will be required to provide details of a nominated email address to which the selected eGiftcard is to be sent. It is your responsibility to ensure the accuracy of the email address given, and thereafter to ensure that email address is monitored for the delivery of the eGiftcard.
3.5 You agree that delivery of the eGiftcard to the nominated email address, together with any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. We cannot be held liable for delivery of an eGiftcard or associated communication to an erroneous email address, if that transmission is in accordance with your instruction.
3.6 Once you have selected the eGiftcard that you wish to exchange the Code for, have provided a nominated email address for delivery and confirmed your redemption choice, changes and cancellations will not be possible. Due to the online redemption process and the digital nature of the eGiftcards generated, you agree to waive your cancellation rights.
3.7 We are not obliged to supply any selected eGiftcard to you until, you have confirmed your redemption choice and, we have acknowledged acceptance of your Code redemption.
3.8 In the event that we acknowledge redemption of a Code but are unable to supply the eGiftCard which it has been redeemed in exchange for, we will inform you of this as soon as possible.
3.9 Following redemption of the Code, at point of delivery of your chosen eGiftcard, these Terms will automatically cease to apply and the participating retailer’s terms and conditions as particular to that eGiftcard will come into effect. Risk and title in the eGiftcard will pass to you upon delivery of the eGiftcard. For the avoidance of doubt, you will be subject to the participating retailer’s own terms and conditions regarding usage purposes and processes, changes and cancellation of the eGiftcard.
4.1 Delivery of any selected eGiftcard should be achieved to the nominated email address within one (1) business day of you confirming your Code redemption choice on the GiftChoice website, subject to availability of stocks. We and the participating retailers make every effort to deliver eGiftcards within the anticipated timescales, however delays are occasionally inevitable and time for delivery will not be of the essence. We will endeavour to keep you informed, to the nominated email address, of any delay expected or any force majeure event which may affect delivery.
4.2 On receipt, you are solely responsible for inspecting the eGiftcard. If there is a discrepancy and/or the eGiftcard is not what you expected to receive, or you wish to inform us that the eGiftcard delivery email is corrupted or unreadable, then you must inform us within 2 (two) business days of delivery. You must contact us at the earliest opportunity should you wish to inform us that the eGiftcard is defective or faulty
4.3 GiftChoice can take no liability for any lost, stolen or damaged eGiftcards once responsibility of ownership has passed to you at time of delivery.
4.4 We will not be liable for any defects in any goods or services purchased using an eGiftcard which we have supplied. Any queries or complaints about such goods or services should be addressed to the relevant participating retailer.
4.5 If the value of an item you wish to purchase is less than the value of the eGiftcard we have issued, please be aware that the participating retailer may not refund the difference. This will be subject to the terms and conditions of the eGiftcard.
4.6 We will not be liable for the conduct or actions of any participating retailer. The funds on a eGiftcard are not covered by the Financial Services Compensation Scheme. In the unlikely event of a participating retailer (the issuer of any selected eGiftcard) becoming insolvent or ceasing business the funds on an eGiftcard may not be available to spend. There is no obligation on us to replace or exchange any previously issued unspent eGiftcards.
4.7 However, Choice does extend a limited “High Street guarantee” whereby, if you have requested an eGiftCard from a participating retailer and that participating retailer formally enters into Administration within 3 calendar days of the eGiftCard being issued then, if it can be proven with reference to the Administrators appointed that the eGiftCard remains unspent, we will provide you with the option to replace the original eGiftCard with an alternative eGiftCard for the same redeemable value from an alternative participating retailer (additional costs may apply).
5.1 We hope that you will be completely satisfied with GiftChoice and the redemption experience we offer. However, it may be necessary to return your GiftChoice® product, the Code or the eGiftcard supplied in some limited circumstances. Other than as required by law we have no general policy of accepting returns.
5.2 The limited circumstances in which GiftChoice® product, the Code or eGiftcard may be exchanged by us are:
(i) the GiftChoice® product or Code issued is faulty, and/or proves unredeemable; or
(ii) the eGiftcard issued is incorrect.
In all instances, requests for exchanges are subject to section 6 below.
5.3 If the Code has been redeemed via the GiftChoice website of if any eGiftcard supplied has been spent, or partially spent, then we cannot entertain a return or exchange of that item.
6.1 Any GiftChoice® product or Code received into your possession must be handled with reasonable care until the Code redemption occurs.
6.2 We will replace any GiftChoice® product or Code that is delivered in a condition that renders it invalid and unredeemable.
6.3 Should you need to return a GiftChoice® product or Code due to an error on our part we will exchange it for you.
6.4 Returns or exchanges may only be undertaken if we have provided agreement in advance. Please contact us before the return of an item giving your name and contact details, plus clear reasons why you are seeking to undertake the return or exchange, to obtain authorisation for the return to take place. If agreed, we will provide you with instructions of how to undertake the return
7.1 We are not obliged to accept the return of any GiftChoice® product or Code or eGiftcard supplied unless covered by Section 5, except where the items are faulty or are not as described.
7.2 Should we expressly authorise the return of an item, you are responsible for its safe transfer back to us and any costs associated with that transfer. We will provide you with instructions of how to undertake the return.
8.1 If you are a business, or if purchase of the GiftChoice® product is intended for use or used wholly or in part for business purposes, we will not be liable to you for any business loss including loss of profits (whether direct or indirect), business data, revenue, goodwill, or incidental or consequential loss, that you may suffer or claim to suffer as a result of the purchase or redemption of the Code. Any other liability will be limited to the price paid for the GiftChoice® product. We do not exclude our liability for fraud or for death or personal injury arising from our actions.
9.1 We will not be liable for any claims that arise out of the supply of the GiftChoice® product to you unless we are negligent in our duty, but in any event we will not be liable for any consequential loss except as required by law.
9.3 We warrant that any information we receive or collect, in relation to the GiftChoice® product and use of the GiftChoice website, will not be sold or supplied to any third party or used for any purpose other than the processing and redemption of the Code, internal administration and analysis.
9.4 We hereby exclude the application of the Contracts (Rights of Third Parties) Act 1999 to each and every contract made under the Terms.
9.5 The Terms are subject to the laws of England and Wales, and the exclusive jurisdiction of the English Courts.