The Gift Card Terms and Conditions
1.1. These terms and conditions (the “Gift Card Terms”) govern your use of randalls-jersey.co.uk (the “Website selling the Gift Cards”), which is property of Randalls Limited.
1.2. By using the Website, you accept and agree to the Gift Card Terms.
1.3. We reserve the right to change the Gift Card Terms at any time without notification to you. You are responsible for checking the Gift Card Terms at such times as you see fit. By continuing to use the Gift Card, you shall accept and agree the Gift Card Terms as amended from time to time.
1.4. References in the Gift Card Terms to “us” and “we” means a reference to Randalls Limited.
1.5. In the Gift Card Terms, words importing the singular number shall include the plural number and vice versa.
2. GIFT CARD
2.1. The Gift Card can be purchased and loaded with any balance between £10 and £500 by any persons over 18 years of age. After initial issue Gift Cards can be topped-up at any Randalls Managed House site or at the Head Office reception in Clare Street but the expiry date of the card regardless of the top-up date will be 12 months from the date the card was first issued.
2.2. The Gift Card allows you to upload a cash value onto your Gift Gard which can be used to pay for Randalls products and services in Jersey. The money loaded onto your Gift Card is only a pre-payment system for the goods and services of participating Randalls pubs & restaurants; it is not a credit card, credit line or deposit account. No interest, dividends or any other earnings will accrue on the money loaded onto your Gift Card. Randalls will provide a physical gift card to the value of money uploaded.
2.3. The monetary value on your Gift Card can be used as full or part payment for Randalls products and services at any participating Randalls site in Jersey. When you use your Gift Card, the cash balance on your Gift Card will be reduced by the full cash value of your Randalls purchase. We reserve the right to correct or amend the remaining balance in your account if we believe that an invoicing or accounting error has occurred. If you wish to contest such a correction or amendment to your account balance, please email firstname.lastname@example.org.
2.4. You must be present with your Gift Card when you make purchases at a Randalls site. The Gift Cards are not redeemable at Tenanted Sites, Vins Direct, on our Online Drinks Webstore or for payment of accounts.
2.5. The money uploaded to your Gift Card cannot be exchanged for cash or refunded to your credit card or debit card. Any remaining balance will be stored on the Gift Card and may be used to pay, in whole or in part, for future purchases at Randalls sites and must be used within 12 months of activation.
2.6. You should treat your Gift Card as cash for any purchases at participating Randalls sites. You are responsible for any unauthorized payments using your Gift Card. Therefore, please do not allow others to use your Gift Card. Randalls is not liable for lost, stolen or damaged Gift Cards.
2.7. Gift Cards may not be sold, exchanged or used for any other purpose, except as specified in these Terms, without Randalls prior written permission.
2.8. Randalls does not warrant or represent that your Gift Card will always be accepted at participating Randalls sites. For example, in the unlikely event of a failure of Randalls IT and communications systems, Randalls may not be able to accept Gift Cards as payment during such a system failure.
2.9. If you have purchased the Gift Card through a third party, additional terms and conditions may apply and you should refer directly to that third party for further information.
2.10. Loyalty points will be awarded on gift cards when purchased in a Randalls Pub or Restaurant and are not awarded for online or telephone purchases or in conjunction with any special offers.
3. DATA PROTECTION, SECURITY AND PRIVACY
3.2.1. your name & Company name (optional)
3.2.2. your residential or business address;
3.2.3. any delivery address (if different from your residential or business address);
3.2.4. your email address;
3.2.5. a telephone number;
3.2.6. your recipients name & address (if sending as a direct gift)
3.2.7. details of any payment methods you use when purchasing Gift Cards.
3.3. Following the expiry of one year from the date of activation all remaining balances on the gift card will expire regardless of any top ups. Any personal information we hold in relation to your gift card purchase shall be stored by us for up to 6 years from the date of the last transaction on the card.
3.5. Your personal information may be used for marketing purposes, from which you can unsubscribe at any time.
4.1. Orders for Gift Cards (“Orders”) are placed with us by completing the checkout process (“Checkout”) on the Website. If we do not accept your Order then we will notify you by email.
4.2. You must review your Order before completing Checkout to ensure that it contains the correct value of Gift Card and the correct address to post it to. You will be provided with an opportunity to review your Order prior to completing Checkout.
4.3. You may use credit or debit card (we accept most major card service providers, but we reserve the right not to accept or to discontinue the acceptance of any particular card service provider from time to time) to pay for your Order through the Gift Card Website. The Website uses an external payment gateway service provided by SagePay (now known as Opayo) to process payments for Orders placed on the Website. The details we require in relation to your payment method will be requested during the course of Checkout and will be stored by SagePay for the purpose of processing payments. We and SagePay have each taken steps to ensure that our respective systems and transfers of data are compliant with applicable data protection legislation.
4.4. You will receive an email notification from us following your completion of Checkout confirming (without limitation) the unique order number we assign to your Order (the “Order Number”), the Gift Card(s) contained in your order, the delivery details you have specified and the price you have paid for the Order including any taxes. If there are any problems with your Order then you must contact us as soon as possible.
4.5. We reserve the right to refuse acceptance of any Order, including (without limitation) where payment is not received in full or we are unable to accept or authorise payment in full for any reason.
4.6. For the avoidance of doubt, Gift Cards remain our property until we have received payment in full.
5.1. Your contract with us for the purchase of the Gift Card contained in your Order shall be formed when we despatch your Order to you or your intended recipient.
5.2. We will endeavour to post Orders received before 1.00pm (excluding Saturday, Sundays and public holidays) within 3 working days, subject to any delays or unforeseen circumstances arising (in which case we will contact you by email or telephone). Orders that are placed on a Sunday or a public holiday shall be deemed to have been placed for delivery within 3 working days. We endeavour to post gift cards within 3 working days of an order being received.
5.3. We shall post Orders over £50 using Jersey Post signed for delivery service and these should be received within 5 working days from despatch. All orders under £50 will be sent with standard post and incur a £2.50 flat rate postage cost.
5.4. Notwithstanding any other provisions of the Gift Card Terms (save for Clauses 10.9 and 10.10, to which this Clause 5.4 is subject), we reserve the right to agree such alternative delivery arrangements with you as we may, in our sole and absolute discretion, determine to be appropriate on a case by case basis. Should you wish to make alternative delivery arrangements in relation to an Order then you must contact us prior to or immediately following the completion of Checkout. By using the Website, you acknowledge that we are not bound to agree to any alternative delivery arrangements.
5.5. Should any difficulties arise in delivering your Order then we will contact you by telephone. If nobody is present to sign for the delivery of your Order (Gift Cards of £50 and over sent by signed for) by Jersey Post, or the delivery could not be made in accordance with any alternative delivery arrangements agreed by us pursuant to Clause 5.4 or in accordance with Clauses 10.9 and 10.10 (as applicable), then Jersey Post will take the Order away, leave written notification of our attempt to make the delivery at that address and you will need to contact Jersey Post to arrange a re-delivery. We reserve the right to cancel any Order where at least one attempted delivery has been made and we are sent back the Gift Card by Jersey Post as un-deliverable. The Website Terms shall not be treated as a guarantee of delivery times and, although we will endeavour to keep you updated, by placing an Order through the Website you accept that the delivery time of your Order may be subject to change.
5.6. If you find that a Gift Card you have ordered is damaged, faulty or tampered with when it is delivered to you (a “Faulty Product”) then you must notify us by telephone or email as soon as possible and provide details of such damage, fault or tampering. We will then make arrangements with you to exchange the Faulty Product.
5.7. We reserve the right to inspect a Faulty Product following our receipt of it.
5.8. If we determine that any damage, fault or tampering affecting a Faulty Product occurred before it was delivered to you then we will deliver a replacement Gift Card to you within 5 working days, subject to availability. If it is not possible to supply a replacement within that period then we will contact you to determine whether:
5.8.1. you wish to wait until a replacement Gift Card can be supplied to you and, if so, the period in which you are willing to wait; or
5.8.2. you wish for the purchase price of the Gift Card to be credited back to the payment method used, in which case we will credit this amount back to your payment method accordingly (we cannot effect reimbursement for a Faulty Product to any source other than the payment method used when the relevant Order was placed).
5.9. If we determine that any damage, fault or tampering affecting a Faulty Product occurred after it was delivered to you, or that there is no damage, fault or tampering, then we will notify you by email and return the Faulty Product to you. In such circumstances we shall retain the payment made to us for the Faulty Product, for the avoidance of doubt.
6.1. Subject to the Website Terms, you may return any un-used Gift Card you have ordered from the Website for any reason up to 14 days from your receipt of that Gift Card.
6.2. In the event that you wish to return a Gift Card, you must:
6.2.1. arrange for the delivery of the Gift Card, contained in the original delivery packing, to Randalls Limited, Clare House, Clare Street, St Helier, Jersey JE2 3XE; and
6.2.2. send an email to email@example.com confirming which Gift Card you are returning and which Order (including the Order Number) the Gift Card relates to.
6.3. You are responsible for any costs or expenses incurred in returning any Gift Card to us.
6.4. We reserve the right to refuse to accept the return of any Gift Card if it has been used or tampered with in any way following delivery and/or if we do not receive the Gift Card and the email referred to in Clause 7.2 within 14 days of your receipt of that Gift Card.
6.5. We will notify you by email in the event that we accept a Gift Card you have returned. If payment in respect of that Gift Card has been received then we will credit the purchase price of the Gift Card back to the payment method used minus any postage costs on the original order. We cannot effect reimbursement for a returned Gift Card to any source other than the payment method used when the relevant Order was placed and this will be made within 14 days of receiving the gift card return.
6.6. For the avoidance of doubt, the foregoing provisions of this Clause 6 are subject to any applicable laws or regulations.
8. USE OF WEBSITE
8.1. Your use of any information, materials or intellectual property of any kind contained on the Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through the Website meet your specific requirements.
8.2. You may print and/or download the Website (or part thereof) for your own use provided always that:
8.2.1. no documents or graphics in the Website are altered in any way;
8.2.2. no graphics in the Website are used separately from any text relating thereto; and
8.2.3. our copyright and trade mark notices and this permission notice are displayed in all copies
8.3. The Website contains material which is owned by us or is licensed to us for our use. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproducing or storing the Website (or any part thereof) in any other website, or including the Website (or any part thereof) in any public or private electronic retrieval system or service, is prohibited without our prior written consent other than:
8.3.1. in accordance with the copyright notice, which can be found here and which applies to and form part of the Website Terms; or
8.3.2. with our prior written consent.
8.4. All trademarks reproduced in the Website, which are not the property of or licensed to the operator, are acknowledged on the Website.
8.5. Unauthorised use of the Website may give rise to a claim for damages and/or be a criminal offence.
8.6. You must to send to or from the Website any data, material or information:
8.6.1. which is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience
8.6.2. which would or may cause damage to the Website, any user of the Website or us;
8.6.3. for which you do not hold any necessary consent or licence; or
8.6.4. the sending of which would constitute a criminal offence, result in any form of civil liability or otherwise contravene any law anywhere in the world or breach any rights of any person wheresoever resident.
8.7. We will co-operate to the fullest extent permitted by law with any investigation by or request for assistance from a competent authority relating to a breach of Clause 8.6.
9. EXTERNAL LINKS
9.1. From time to time the Website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
9.2. You may not create a link to the Website from another website or document without our prior consent. In the event that we consent to such link, you must not reproduce the home page of the Website and you must comply with the following:
9.2.1. you must not remove our logo or alter its appearance in any way;
9.2.2. no frame, border or browser environment may be imposed on or used in relation to the Website;
9.2.3. you must not state or imply that:
18.104.22.168. we endorse your website or any products or services that might be made available thereon or otherwise by you;
22.214.171.124. you have any relationship with us other than as a customer of the Website (unless we have granted our prior agreement otherwise);
9.2.4. you must not publish or otherwise make available any false or misleading information relating to us or the Website;
9.2.5. you must not link to the Website from a website that is not owned by you; and
9.2.6. the website you link to the Website must not contain any content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
10. DISCLAIMER AND LIABILITY
10.1. The content of the Website is for your general information and use only. It is subject to change without notice.
10.2. Notwithstanding any other provisions of the Website Terms, neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Without prejudice to the generality of the foregoing, we accept no liability for any errors relating to descriptions, prices and/or availability of Products listed on the website.
10.3. We give no assurance or warranty that the Website will operate without error or that the Website and/or any server required for its operation are free of harmful or damaging software of any kind. We bear no liability for any damage or loss caused to your hardware or software resulting from your use of the Website.
10.4. We accept no liability for loss arising from the cancellation of any Order or the return of any Gift Cards.
10.5. To the fullest extent permitted by law, we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to the Website. Nothing in the Website Terms shall exclude or limit our liability for:
10.5.1. death or personal injury caused by negligence;
10.5.3. misrepresentation as to a fundamental matter; or
10.5.4. any liability which cannot be excluded or limited under applicable law.
10.6. Save as expressly provided for in the Website Terms, all our rights are reserved.
10.7. We, on behalf of ourselves, any other party (whether or not having any connection to the creation or maintenance of the Website), and any of our group companies and the officers, directors, shareholders, employees and agents of us or our group companies or any of the foregoing, exclude all liability and responsibility for any and all loss or damage (of whatever value or type, including (without limitation) any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) that is or may be suffered by you or any other person in connection with:
10.7.1. the Website in any way;
10.7.2. the use, inability to use or the results of using the Website; and/or
10.7.3. any websites linked to the Website or the material on such websites;
including but not limited to any loss or damage due to viruses that may infect your hardware, software, data or other property as a result of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.
10.8. By using the Website, you agree to fully indemnify us, our group companies and the officers, directors, shareholders, employees and agents of us and our group companies and each of foregoing in respect of any claim, liability, damage, loss or costs (including reasonable legal fees) we incur or otherwise arising as a consequence of your use of the Website or the use of the Website by any other person using your account or any breach by you or any such other person of the Website Terms.
10.9. In the event of any public health emergency (including, without limitation, the COVID-19 pandemic), all deliveries will be subject to the terms of this Clause 10.9 and to Clause 10.10.
10.10. In the event of any public health emergency (including, without limitation, the COVID-19 pandemic), we reserve the right to agree such alternative delivery arrangements with you as we may, in our sole and absolute discretion, determine to be appropriate on a case by case basis having regard to the circumstances and any applicable rules or guidance relating to social distancing. Should you wish to make alternative delivery arrangements in relation to an Order then you must contact us prior to or immediately following the completion of Checkout. By using the Website, you acknowledge that we are not bound to agree to any alternative delivery arrangements.
10.11. In the event of any public health emergency (including, without limitation, the COVID-19 pandemic), if you contact us to collect a Faulty Product pursuant to Clause 6.6 then we will agree arrangements with you to collect the Faulty Product from outside of your front door or otherwise outside of your premises. If we return a Faulty Product to you pursuant to Clause 5.9 then we will agree arrangements with you to leave the Faulty Product in a letter box on your premises. Our staff will not come into contact with you and will not enter your premises.
11.1. Should you require any further guidance or assistance, please email us at firstname.lastname@example.org and a member of our team will contact you to assist.
12. GOVERNING LAW
12.1. The Website Terms are governed by and shall be construed in accordance with the law of the Island of Jersey.
12.2. By using the Website, you irrevocably submit to the non-exclusive jurisdiction of the Courts of the Island of Jersey in relation to any dispute or claim arising from or in connection with the Website.