VoucherCart Site and Services Terms of Use – for Buyers

IMPORTANT NOTE: As well as reading the following terms and conditions to which you have agreed by using this site, and before purchasing a Voucher you should also refer to and read the Terms and Conditions of Sale which will apply and to which you agree to be bound upon making any Voucher purchase.

VOUCHERCART LTD trading as “VoucherCart” whose registered office is at RUTHERFORD HOUSE RUTHERFORD GARDENS WEST LINTON PEEBLESSHIRE EH46 7AS SCOTLAND (“VoucherCart” or “we” or “our” or “us”)

Voucher Buyer – TERMS & CONDITIONS

We accept the following payment methods:
Mastercard credit & debit cards
Visa credit & debit cards
American Express
PayPal

Your order and payment will be processed and despatched by VoucherCart, and your debit/credit card statement will show `VoucherCart`.

If you are sending your Voucher to someone else, you will be able to include a personal message with your Voucher that will be included in the email to your recipient.

If you are sending the Voucher to yourself to print at home, you will receive an email with link to a PDF download. Please open and print the PDF as this is your Voucher.

You are responsible for ensuring that the correct recipient email address is input in your Voucher order. If unsure, please use your own email address. You can forward the email to the recipient at a later time, or print and hand it to them in person or send it by post.

This Voucher is only good for a single transaction and must be redeemed on or before the stated Expiry Date; any remaining amount is not exchangeable with or for cash or another Voucher and will be automatically forfeited.

If the total cost of the item/s you wish to purchase exceeds the value of the Voucher or Vouchers purchased, you can make up the difference with another form of payment.

This Voucher will not be replaced when lost, damaged or stolen; however, you may login to your account and resend your Voucher from your dashboard. We will send your Vouchers by e-mail. We will not be liable for any failure or delay in delivery or losses arising from such failure or delay.

This Voucher is valid only at the Merchant and the Merchant’s associated branches where applicable.

In the event of any dispute, the decision of the Merchant is final.

VoucherCart reserves the right to amend or supplement these terms and conditions from time to time. Any changes will be posted on this page and/or on other pages of this Site.

This Voucher entitles the bearer to redeem the product and/or services specified herein or where a general Voucher is purchased any goods or services supplied by the Merchant.

Your Voucher cannot be used against any items which you ordered or purchased prior to the date of the Voucher or which you order or purchase without quoting your unique Voucher number.

Returns/Refunds of a Voucher:

All Voucher sales are final and non-refundable.

Please direct any enquiries in relation to use of your Voucher to the Merchant.

When you make an order and the Merchant accepts it, a legally binding contract is made, the terms and conditions of which are set out below under “Terms & Conditions of Sale”. They do not affect your statutory rights as a consumer.

  1. Terms & Conditions of Sale
  1. Your acceptance of these Terms and Conditions of Sale: By purchasing a Voucher on this site you are agreeing to these Terms of Sale and you acknowledge that your purchase is made subject to and in accordance with these Terms and Conditions of Sale.
  1. Terms & Definitions
  1. In this Agreement, the following terms have the meanings set opposite them:
  1. “Merchant” means a third-party seller of the Products and/or Services described on a Voucher.
  1. “Merchant Products and/or Services” means goods and/or services provided by a Merchant which are described as part of a Voucher sale against which a Voucher can be redeemed.
  1. “Services” means all or any of the services provided by VoucherCart via or in association with the Site.
  1. “Site” means the vouchercart.com website.
  1. “Voucher” means a Voucher for sale on the VoucherCart site which can be exchanged for Merchant Products and/or Services from the Merchant to which the specific Voucher pertains.
  1. “VoucherCart ” means Us (trading as “VoucherCart”).
  1. “Liability” means liability in or for any cause of action whatsoever (including breach of contract, breach of statutory duty, delict, misrepresentation, restitution or any other cause of action whatsoever) relating to or arising under, from or in connection with this Agreement.
  1. General Terms and Conditions of Sale
  1. What we do and do not do: We provide the services on the Site and we sell Vouchers created by our clients (the “Merchant”). We sell Vouchers via our portal that can be redeemed with Merchants for the Products and/or Services described by the Merchants on the Vouchers they have created for sale. We act as an intermediary only between you and the Merchant such that the Merchant may supply to you the Merchant Products and/or Services. We are not under any circumstances responsible or liable for the supply of the Merchant Products and/or Services. Any Merchant Products and/or Services will always be supplied by the Merchant itself acting as an independent contractor.
  1. About this document: This is a legal document which is the agreement between You,(whom we refer to as “you” or “your”) and Us.
  1. About Us: We are VoucherCart Ltd trading as VoucherCart and we refer to ourselves as “”VoucherCart”, “we”, “us” or “our” in this document. We are the owner and operator of this Site and are a company registered in Scotland with our registered office at Rutherford House, Rutherford Gardens, West Linton, Peeblesshire, Scotland, EH46 7AS, company number: SC457630.
  1. Our rights to change this agreement: We reserve the right to amend these Terms of Sale at any time.
  1. Email marketing and administrative communications: We may send you email newsletters and other communications to you directly from time to time via email or communicate with you by other means where this has been specified by you. Email communications for administrative and contract purposes are required for effective communication in relation to your account operation. They may also be used for marketing purposes; however, you may unsubscribe from newsletter communications at any time. We may also provide newsletter email facilities for you to use within our site.
  1. We refer you to our Privacy Policy https://vouchercart.com/privacy/ and specifically to the personal information we gather and what we do with that information. Our Privacy Policy forms part of these Terms and Conditions of Sale. We may use this information for direct marketing purposes unless you indicate that you do not want us to do so. This may include regional Voucher offers or deals and offers and deals in the same or similar product or service category as this Voucher. If you agree to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to us to our address or by emailing us at service@vouchercart.com.
  1. Following purchase of a Voucher we will create a universal account for you using your personal information which will enable you to purchase vouchers on any VoucherCart customer site with a login and password specific to you. This will give you access to the vouchers of other merchants who utilise the Services.
  1. Your use of this Site and our Services: You may access the Site only through standard web browsers and devices and similar consumer applications, however access is not permitted via any robot, spider, proprietary program, site search and retrieval application or other device, system, or process used to scan, index, or data mine our site and its content. Search engines may use spiders to copy materials from the Site for the sole means of creating publicly available search indices of our site content, but not to create stored archives of such content. Your access to this Site and the Services is revocable by us at any time.
  1. You must not misuse the Site or any part of the Services by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
  1. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. VoucherCart will report any such breach to the relevant law enforcement authorities and VoucherCart will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use VoucherCart’ Site will cease immediately.
  1. Access to the Services is permitted on a temporary basis, and VoucherCart reserves the right to withdraw or amend the Services without notice. VoucherCart will not be liable if for any reason any of the Services are unavailable at any time or for any period.
  1. From time to time, VoucherCart may restrict access to any or all of the Services, to users who have registered with VoucherCart. Any personal data and other information provided by you is processed by VoucherCart in accordance with VoucherCart’ Privacy Policy. By providing any such personal data or other information you agree to the terms of VoucherCart’ Privacy Policy.
  1. Neither VoucherCart nor any of VoucherCart’s licensors or service providers has any obligation to provide any maintenance and support services with respect to the Services.
  1. VoucherCart own, or are the licensee to, all right, title and interest in and to the Services, including all rights under patent, copyright, trade secret or trademark law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from any part of the Services.
  1. You must not extract or otherwise use any of the content on the Site and/or Services for commercial purposes without obtaining a licence to do so from VoucherCart or VoucherCart’ licensors.
  1. VoucherCart respect the intellectual property rights of others and VoucherCart ask VoucherCart’s Merchants to do the same. If you are aware that any of your intellectual property rights have been infringed on the Site, please contact VoucherCart at service@vouchercart.com to report the concern.
  1. Usage Prevention: We reserve the right to prevent you from using the Site and the Services (or any part) at any time by suspension or termination of your account.
  1. Your legal rights: As a consumer, nothing in these Terms of Sale affects your statutory, or legal, rights.
  1. Standards and Liability Limitation
  1. Nothing in this Agreement shall exclude or limit our Liability for any liability which cannot be excluded or limited by applicable law (such as for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation or any other non-excludable statutory rights).
  1. We warrant that we will exercise reasonable care and diligence in performing any obligation under this Agreement.
  1. What you can and cannot take legal action against us for: You may take action against us for a breach of contract only but for nothing else.
  1. Categories of loss that we are not responsible for: To the fullest extent permitted by law we shall have no Liability for:
  1. loss of goodwill;
  2. loss of reputation;
  3. loss of contracts;
  4. loss of business;
  5. loss of revenue;
  6. loss of opportunity;
  7. loss of anticipated savings;
  8. loss of actual or anticipated profits;
  9. loss of the use of money;
  10. indirect or consequential or special loss; and
  11. loss of, damage to or corruption of data or use.
  1. Please note that we interpret “consequential loss” to mean “consequential losses whether those losses are foreseeable, known, foreseen or otherwise”.
  1. Limits of Liability: Our total Liability to you or any third party shall in no circumstances exceed, in aggregate, a sum equal to £30.
  1. We do not warrant and we exclude all Liability for and in respect of Merchant Products and/or Services for which Vouchers may be redeemed and in respect of the quality, safety, fitness for purpose or any other aspect whatsoever of the Merchant Products and/or Services in respect of which a Voucher is or may be redeemed.
  1. Indemnity
  1. You shall indemnify us against any loss, liability or cost incurred by us arising as a direct or indirect result of:
  1. any claims or legal proceedings brought or threatened against us by any person arising from:
  1. your use of a Voucher;
  1. any breach of these Terms and Conditions of Sale by you.
  1. Voucher Purchase Terms:
  1. We will send your vouchers by e-mail. We will not be liable for any non-delivery, delay in delivery or losses arising from such non-delivery or delay in delivery; however, you may login to your account and resend your Voucher from your dashboard, if required.
  1. When you purchase a Voucher you accept that this forms a contract between you and the Merchant to allow you to redeem Products and/or Services in accordance with that Voucher. VoucherCart is not a party to this contract and it has nothing to do with us. You must not reproduce in any form the vouchers, and/or the VoucherCart or Merchant trademark (the Brand) or anything deceptively similar to any of them, or authorise or assist or enable others to do so without our prior written consent. The vouchers and/or the VoucherCart trademark or Merchant trademark may not be used in combination with any other marks, names, words or logos without our prior written consent.
  1. If you breach any of these conditions, we may cancel any agreement with you and decline to make available or supply any further vouchers until breaches have been remedied.
  1. If we are prevented from performing any obligation under this agreement due to circumstances outside our control we will be released from that obligation and will not be liable for any failure to perform it.
  1. Voucher Redemption Terms are detailed below and on the Merchant Voucher. Your statutory rights are not affected.
  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. 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. This is a procedure carried out so as to confirm your identity, verify 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.
  1. If an order cannot be fulfilled for any reason, VoucherCart will promptly refund all monies.
  1. Minimum Age: In order to make a purchase you must be at least 18 years of age. By making a purchase you agree that you are 18 years of age, or older.
  1. Place of Use: Vouchers are intended solely for those who make a Purchase from the UK. We make no representation or warranty that any Voucher is available or suitable for use outside the UK. If you choose to make a Purchase from locations outside the UK, you do so at your own risk and liability and agree to take acknowledge full responsibility for any consequences including in connection with compliance with all applicable laws.
  1. Usage Scope: You agree that any and all Voucher purchases are for non-commercial, personal use only (although you may provide any Voucher to someone else for their personal use). You must not purchase a Voucher for business purposes without our express, written consent from VoucherCart to do so.
  1. Prevention on Use: We reserve the right to prevent you from making any Voucher purchase for any reason whatsoever. Any such decision is at our sole discretion.
  1. Our Responsibility: You acknowledge that it is the Merchant, and not VoucherCart, who is the seller of the Merchant Products and/or Services to which the Voucher pertains.
  1. You acknowledge that it is the Merchant, and not VoucherCart, who is the party who enters into a contract with the person purchasing and/or redeeming the Voucher for the Merchant Products and/or Servicesand such contract shall comprise these Terms and Conditions of Sale, the email confirmation of your order and any applicable terms stipulated by the Merchant and you agree to be bound by all such provisions.You should carefully review the Terms and Conditions of Sale, the email confirmation of your order and any applicable terms stipulated by the Merchant in relation to the order. If there is any conflict or inconsistency between these Terms and Conditions of Sale and the email confirmation of your order or any applicable terms stipulated by the Merchant, these Terms and Conditions of Sale shall prevail to the extent of the conflict or inconsistency.
  1. VoucherCart cannot give any undertaking, that Merchant Products and/or Services you purchase from Merchants through the Site will be of satisfactory quality, and this and any other such warranties (whether express or implied) are disclaimed by VoucherCart absolutely to the fullest extent permitted by law. This disclaimer does not affect your statutory rights against the Merchant. Where you order Merchant Products and/or Services through the Site VoucherCart may disclose your customer information related to that transaction to the relevant Merchant.
  1. VoucherCart does not review or control, and are not responsible in any way for, Merchant Products and/or Services and at no time does VoucherCart possess or offer any items offered for sale by Merchants through the Site.
  1. Purchases for goods and/or services you make with a Merchant may only be paid for using a debit or credit card through VoucherCart’s payment facility (or any other payment method which VoucherCart may make available from time to time). In accepting or otherwise processing your payments related to the purchase of items from Merchants, VoucherCart act in the capacity as commercial agent of the Merchant. The Merchant acknowledges and agrees that the valid payment by you to VoucherCart for the purchase of Merchant Products and/or Services between you and the Merchant will satisfy your obligation to pay the Merchant for the relevant Merchant Products and/or Services and consequently, any debt obligations owed by you to the Merchant for the purchase of such items shall be extinguished at that time. The Merchant further agrees that it will not seek recourse (legal or otherwise) against you for payment of items if you have validly paid VoucherCart. All prices shall be shown in the applicable currency and payable in that currency. You accept that some banks may charge you an additional fee for certain transactions (for example, international transactions). You accept that item prices in the currencies displayed do not vary according to your location.
  1. VoucherCart may refuse to process a transaction for any reason or refuse service to anyone at any time at VoucherCart’s sole discretion. VoucherCart will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun.
  1. These Terms and Conditions of Sale and any documents expressly referred to in them constitute the entire express agreement between VoucherCart and you, and supersede and extinguishes all previous drafts, agreements, arrangements and understandings between VoucherCart and you, whether written or oral, relating to its subject matter. Both you and VoucherCart agree that neither VoucherCart nor you shall have any remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions of Sale or any documents expressly referred to in them. Neither you or VoucherCart shall have any claim for innocent or negligent misrepresentation based upon any statement in these Terms and Conditions of Sale and any documents expressly referred to in them.
  1. You acknowledge that it is the Merchant, and not VoucherCart, who takes sole responsibility for providing you with the Merchant Products and/or Services and for any and all aspects of the Merchant Products and/or Services themselves.
  1. You acknowledge that it is the Merchant, and not VoucherCart, who is solely responsible for redeeming any Voucher you purchase.
  1. Usage Restrictions:
  1. Each Voucher purchased may only be used for a single transaction and must be redeemed on or before the stated Expiry Date; any remaining amount is not exchangeable for cash or another Voucher and will be automatically forfeited.
  1. Prohibited Use: The following Voucher uses are prohibited and you agree not to (or to permit anyone else to):
  1. reproduce or resell any Voucher;
  1. provide false data including but not limited to false names, addresses, contact details and/or fraudulent use of credit/debit card numbers; or
  1. engage in any criminal or unlawful activity in direct or indirect connection with the use of any Voucher.
  1. Any reproduction or resale of a Voucher is strictly prohibited. Any attempt to reproduce or resell a Voucher may render the Voucher null and void.
  1. Combined use: It is at the discretion of the Merchant to determine whether Vouchers can be combined with any other vouchers, offers, promotions or coupons.
  1. Voucher Expiry: Voucher expiry dates will vary depending on the Voucher you have purchased; however, your Voucher will expire on the date stated on the Voucher and/or on the VoucherCart website. Once your Voucher has expired it is no longer valid and is non-redeemable against Merchant Products and/or Services. Please take care to observe Voucher expiry dates.
  1. Vouchers will not be replaced when lost, damaged or stolen; however, you may login to your account and resend your Voucher from your dashboard. We will send your vouchers by e-mail; however, we will not be liable for any failure or delay in delivery or losses arising from such failure or delay.
  1. Voucher Redemption:
  1. Vouchers can be exchanged for a variety of goods or services which may vary from time to time or against the specific goods/services to which your Voucher relates.
  1. VoucherCart does not make or give any promises, warranties, guarantees or representations concerning the goods or services provided by the Merchant.
  1. Vouchers cannot be used after the date of their expiry.
  1. Vouchers cannot be refunded or exchanged for cash or other denominated vouchers. If an intended purchase is for a higher amount than the face value of the Voucher(s), the difference can be made up with cash. If a purchase is for a lower amount, no change can be given. Vouchers cannot be used in conjunction with any special promotions, discount tokens, coupons or cards.
  1. VoucherCart is a trading name and is used under license from VoucherCart, owner of all intellectual property rights, trademarks and copyrights in the VoucherCart name. The VoucherCart name may not be reproduced in any form without the prior written permission of VoucherCart. All rights including copyright reserved.
  1. Any queries regarding the redemption of this Voucher should be directed to the Merchant, the contact details of which are provided on the Voucher purchased.
  1. General
  1. Time

Unless stated otherwise, time is not of the essence of any date or period specified in this agreement.

All payments by you will be made without set-off or counterclaim, free and clear of and without deduction for any tax, levy, duty, charge, or withholdings of any kind now or in the future, imposed in any jurisdiction unless a party is compelled by law to deduct or withhold any such amounts, in which case it will pay to the other such additional amount as will ensure that the other is paid the full amount it would have received but for such deduction or withholding.

  1. Relationship

The parties are independent contractors and not principal and agent, partners, or employer and employee.

  1. Severability

If any part of this agreement is found by a court, tribunal or other administrative body of competent jurisdiction to be unenforceable or invalid for any reason, that provision is to be severed from this agreement and the remaining provisions of this agreement will otherwise remain in full force.

  1. Notices

Notices under the Agreement will be in writing and sent to the persons and addresses set out on the Site or in your account. They may be given, and will be deemed received:

  1. by first-class post: two Business Days after posting;
  2. by airmail: seven Business Days after posting;
  3. by hand: on delivery;
  4. by facsimile: on receipt of a successful transmission report from the correct number, and
  5. by e-mail: on receipt of a delivery or read receipt mail from the correct address.
  1. Waiver

No delay, act or omission by either party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

  1. Rights of Third Parties

Save as provided at law, the Agreement is not enforceable by any third party.

  1. Entire Agreement

The Agreement constitutes the entire agreement between the parties in relation to its subject matter. No other terms apply.

  1. Succession

The Agreement will bind and benefit each party be successors heirs personal representatives and assignees.

  1. Governing Law and Jurisdiction
  1. The Agreement will be governed by the law of Scotland.
  2. Disputes will be submitted to the non-exclusive jurisdiction of the courts of Scotland.