These business terms and conditions (“Terms“) set out the basis on which you purchase products from us (including Vouchers, Gift Cards and Gift Boxes (defined below)). These Terms apply to each Contract (defined below) and apply to the exclusion of any other terms that you seek to impose or incorporate, or that are implied by trade, custom, practice or course of dealing.
You acknowledge that you are buying products from us wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual (the “Business”) as a business customer (“Business Customer”).
For the purposes of these Terms, an “Intended Participant” means any individual who receives, uses, redeems or participates in an experience using a Voucher, Gift Card or Gift Box purchased by you, including any employee, worker, officer, agent, contractor, freelancer, client, customer or other third party. You are responsible for ensuring that each Intended Participant is made aware of any applicable terms, restrictions, requirements and instructions relating to the Voucher, Gift Card, Gift Box or experience, including any terms and conditions of the relevant Experience Partner and any consumer-facing terms we make available for such purposes. Nothing in these Terms or any Contract creates a contract between us and any Intended Participant.
In the Terms, “we” and “us” means Moonpig.com Limited which is a member of the Moonpig Group and trading as Buyagift and Red Letter Days with its registered office at 10 Back Hill, London, United Kingdom, EC1R 5EN, UK and company number 03852652.
1. Agreement formation
By entering into a Contract, you are acknowledging that you are a Business Customer, and you are agreeing to these Terms on this basis. You are responsible for ensuring that any Intended Participant to whom you provide a Voucher, Gift Card or Gift Box is made aware of any applicable terms, restrictions, requirements and instructions relating to the Voucher, Gift Card, Gift Box or experience, including any terms and conditions of the relevant Experience Partner.
Your order does not create a contract between you and us until we accept it. We’ll send you an email to confirm acceptance and payment (“Confirmation Email“). At the point that you receive the Confirmation Email, a contract between us is created (each a “Contract“).
These Terms are the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these Terms and that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.
We may refuse, cancel and/or refund any order (even if previously confirmed) and suspend or permanently close your account if you fail to pay any amount due to us or if we detect unusual, suspicious or potentially fraudulent activity. If you believe this has happened in error, please contact us here and we will review the matter promptly.
2. Experience Vouchers, Gift Cards Vouchers and Gift Boxes
We sell two types of vouchers on the website: (i) vouchers for a recommended experience, as advertised, and (ii) vouchers with a set monetary value that can be used to purchase an experience that we offer at that value (together, “Vouchers“).
We also sell gift cards that carry a prepaid balance and may be used as a payment method on the website to obtain a Voucher (“Gift Cards”) and voucher enclosed in a gift box (“Gift Boxes”).
Vouchers, Gift Cards and Gift Boxes are redeemable on our website and fulfilled by third party providers (the “Experience Partners”). They all carry a unique serial number which may be used by the purchaser or given as a gift.
3. Vouchers, Gift Cards and Gift Boxes validity and extensions
Unless otherwise expressly stated in writing at point of purchase or on the relevant product page, all Vouchers, Gift Cards and Gift Boxes are valid for 24 months from the date on which you receive the Confirmation Email (“Validity Period”). Experiences must be booked and fulfilled within the Validity Period.
If you or the Intended Participant need more time (subject to availability and applicable restrictions where a Voucher, Gift Card and Gift Boxes is for a specified event or experience), Vouchers, Gift Cards and Gift Boxes may be extended up to 2 times, for an additional 12 months at a time at our absolute discretion (each, a “Renewal Period“). Each extension will apply from the end of the Validity Period or the then current Renewal Period. Extension requests must be made within the original Validity Period, or within the then current Renewal Period.
All purchases are final. As the products are supplied to Business Customers for business purposes, Vouchers, Gift Cards and Gift Boxes are non-refundable once purchased, except where required by law or where we agree otherwise in writing at our discretion.
Experience selection
Our Vouchers, Gift Cards and Gift Boxes are flexible, which means you or the Intended Participant can use it against a range of experiences available on our website set at the value of your Voucher, Gift Card or Gift Box. If you or the Intended Participant want to select a different experience from the experience initially selected, this can be done up to 3 times during the Validity Period (or then current Renewal Period) before making a booking with an Experience Partner, however, please note that this may not always be possible (for example, where an experience is no longer available on our website). Selecting an alternative experience does not extend the Validity Period of the Voucher, Gift Card or Gift Box.
If the Intended Participant selects an experience which is more expensive than that set out in your original Voucher, Gift Card or Gift Box, they will be required to pay the difference. If they select an experience which is less expensive than that set out in their original Voucher, Gift Card or Gift Box, the difference will be held in their account as a credit to use against any future purchase up until the end of the Validity Period (“Credit Voucher”). Credit Vouchers are non-refundable, cannot be converted into cash, and cannot be used towards an administration fee.
The Intended Participant can select a new experience online by visiting www.buyagift.com/myvoucher OR www.redletterdays.co.uk/account/myvoucher.
4. Voucher redemption and booking
To use a Voucher, it must be redeemed with an Experience Partner as instructed on buyagift.com/myvoucher OR www.redletterdays.co.uk/account/myvoucher. This will lead to you or the Intended Participant having a confirmed booking for the experience with the Experience Partner and the Intended Participant will be bound by their terms and conditions, which can be found on the relevant Experience Partner’s website.
To use the Gift Card, the Intended Participant first needs to choose an experience, as explained in the “experience selection” section at paragraph 4 above. The Intended Participant can then redeem the Gift Card by following the same process described for Vouchers.
Vouchers, Gift Cards and Gift Boxes will be deemed to be used at the date a booking is placed with an Experience Partner.
5. Choosing the right experience, restrictions and safety
Many experiences come with restrictions set by the Experience Partner, not by us, and we cannot take responsibility for them. These may relate to age, health, physical ability or size. We give no warranty as to the suitability of the Vouchers, Gift Cards, and/or Experience. It is your and the Intended Participant’s responsibility to choose an appropriate experience and ensure that the restrictions do not prevent them from taking part.
6. Availability of experiences
The experience needs to be booked and fulfilled during the Validity Period. The date of the experience itself will depend on the Experience Partner’s availability.
Experiences can be affected by weather conditions. If the experience selected is weather dependent, it’s best to call the Experience Partner on the day to check if it’s going ahead.
To avoid disappointment, we recommend booking as early as possible and waiting for confirmation from the Experience Partner before arranging any travel or accommodation. We also strongly recommend contacting the Experience Partner at least a day before the Intended Participant departs for the experience to confirm that the experience is still going ahead as planned.
7. Variation of experiences
Experience Partners reserve the right to amend or withdraw experiences at their discretion. On rare occasions, experiences may become unavailable for reasons beyond our control, and we cannot accept responsibility for any costs you may incur as a result. If this happens, we will notify you and offer the option to exchange your Voucher for another of the same price. Where no suitable alternatives are available, a Voucher of equal value to the purchase price will be provided.
8. Website access, experience descriptions, and content
We make every effort to ensure that the descriptions and images on our website and Vouchers accurately reflect the experiences available. However, they are provided for general information only, do not form part of the contract between you and us, and may change without notice as we continually update and improve our website, products and experiences. Photographs and images are also illustrative only, and we are not responsible for descriptions appearing on third-party or Experience Partners websites.
Details such as event duration, session length, itinerary, equipment, vehicles used, and the number of participants are intended as a guide only and may vary, particularly for multi-location experiences. Most experiences are “open days”, meaning that other members of the public will also be taking part and you may need to wait your turn.
Delays, changes, curtailments or breakdowns may occur for reasons outside our control, and we cannot accept liability for these.
9. Vouchers and Gift Cards security
You and the Intended Participant are solely responsible for the safekeeping and security of digital and physical Gift Cards, Vouchers (and voucher codes) and Gift Boxes. We shall not be held liable for any loss, theft, unauthorised use, or misuse of such Vouchers (or codes), Gift Cards or Gift Boxes once they have been issued.
10. Refunds
All purchases of Vouchers, Gift Cards and Gift Boxes made by a Business Customer are final and non-refundable. As the products are supplied for business purposes, no right to cancel, return or receive a refund applies, except where required by applicable law.
Once purchased, Vouchers, Gift Cards and Gift Boxes may not be returned, exchanged for cash or redeemed for a monetary refund. Any credit remaining on a Voucher, Gift Card or Gift Box is non-refundable and cannot be converted into cash.
We may, at our absolute discretion, agree to provide a replacement Voucher, Gift Card, Gift Box or account credit in exceptional circumstances, but we are under no obligation to do so.
11. Delivery
Vouchers may be supplied in digital form (including e-vouchers and digital voucher codes) or in physical form. Gift Cards may be supplied in digital or physical form. Gift Boxes are supplied in physical form and contain a Voucher.
Depending on the fulfilment option selected by you, products may be: (a) delivered directly to you, including in bulk for onward distribution by you to Intended Participants, (b) delivered electronically to you, including as a file containing digital voucher codes for onward distribution by you to Intended Participants, or (c) delivered directly by us to the Intended Participant by email or such other delivery method as may be agreed with you.
Where products are delivered to you for onward distribution, you are responsible for distributing them to the relevant Intended Participants and for ensuring that all recipient details provided to us are accurate and complete.
Delivery will be made in accordance with any delivery timetable agreed between us. Any delivery dates are estimates only and time of delivery is not of the essence. We will not be liable for any delay caused by circumstances outside our reasonable control.
Risk in any physical Voucher, Gift Card or Gift Box passes to you on delivery to the delivery location specified by you. Risk in digital Vouchers, Gift Cards or voucher codes passes on transmission to the email address or recipient details provided by you.
12. Experience spectators
Some Experience Partners permit spectators, though restrictions may apply for safety reasons, and a small fee may sometimes be charged (for example, to cover insurance or refreshments). Please check with the Experience Partner directly prior to booking. All spectators must comply with the Experience Partner’s terms, conditions and codes of conduct.
13. Cancellations
By you or the Intended Participant: once a date has been booked with an Experience Provider, you and the Intended Participant are bound by that Experience Provider’s terms and conditions regarding any changes or cancellations. It is your and the Intended Participant’s responsibility to read and understand these terms at the time of booking. After a booking has been confirmed, it cannot be changed, cancelled, refunded, or reinstated unless the Experience Provider agrees. This applies even if the booking is made within Buyagift’s OR Red Letter Days’ refund window, which means that Buyagift OR Red Letter Days cannot guarantee any refund or voucher reinstatement once an experience has been booked.
By Experience Partners: if a booking is cancelled by the Experience Provider, either they or we will contact you and/ or the Intended Participant to arrange a new date or a replacement experience as our Vouchers are flexible. Please note that refunds are not available in these circumstances. Certain activities, such as flying or driving experiences, are weather-dependent, and by making a booking you accept the possibility of postponement or rescheduling in line with the Experience Provider’s policies. [Buyagift OR Red Letter Days] cannot be held liable for any costs you may incur as a result of a cancellation or postponement, including, but not limited to, travel expenses, accommodation costs, or insurance premiums.
14. Problems on the day and complaints
If you and/or the Intended Participant encounter a problem on the experience day, please raise it immediately with the Experience Partner at the venue so they have the opportunity to resolve it.
If the issue is not resolved at the time, please contact us online within 14 days of the date of the experience by emailing corpservices@buyagift.co.uk. When doing so, include the Voucher reference, Intended Participant’s name, venue, Experience Partner details, and the name of the person you or the Intended Participant spoke to on the day. Supporting photographs may also help us to review the matter. We will liaise with the Experience Partner on your behalf, who will also be given the chance to investigate and respond. We aim to acknowledge all complaints within 24 hours and to provide a full response within 7 days.
15. Payment
Orders must be paid either: (a) in advance of fulfilment; or (b) in accordance with any credit terms agreed in writing between the parties.
The grant of any credit terms is at our discretion and may be withdrawn, varied or suspended at any time.
If you fail to pay any amount due to us by the due date, we may, without limiting any other rights or remedies available to us: (a) refuse to accept any new orders from you; (b) suspend fulfilment of any pending orders; (c) withdraw any credit terms previously granted to you; and/or (d) require payment in advance for future orders.
16. Value Added Tax
Prices shown include VAT when and where applicable. For the avoidance of doubt, all vouchers are classified as Multi-Purpose Vouchers for VAT purposes.
17. Discount Codes
Promotional discount codes can only be used on new purchases of selected Buyagift OR Red Letter Days products and experiences, as listed on our website. They cannot be applied to booking upgrades, Voucher selections, extensions, Gift Cards, money on account, delivery or packaging charges, or any other services.
Only one code may be used per order, and we reserve the right to exclude certain products, experiences or other services. Some codes may be restricted to specific customer groups, and proof of eligibility may be required.
Where a code has a fixed value, the discount will be spread proportionately across all items (excluding delivery and packaging as applicable).
Refunds for products purchased with a discount code will be based on the discounted price paid, as shown on your order confirmation.
Please make sure you check the terms applicable to each discount code, as these may vary depending on the promotion.
We may offer discounts, rebate arrangements, credit terms or other commercial arrangements at our discretion. Eligibility may be subject to satisfactory credit checks and the entry into a self-billing agreement or such other documentation as we require.
18. Our liability to you: PLEASE READ THIS SECTION CAREFULLY
When redeeming a Voucher or Gift Card and booking an experience with an Experience Partner, you and/or the Intended Participant enter into a separate agreement with that Experience Partner and will be bound by their terms and conditions, including any restrictions they apply.
We carefully select experienced partners to provide memorable experiences, but we are not responsible for the safety standards, quality or delivery of the experience itself. The Experience Partner is solely liable for the experience, and we accept no responsibility for any loss or damage you or the Intended Participant may suffer while taking part.
We are not liable for cancellations, postponements or changes of any Experiences due to reasons outside our reasonable control, such as weather conditions, mechanical failure or venue changes. If equipment or machinery breaks down, you should ask the Experience Partner about reasonable substitutions.
We only supply Vouchers and/or Gift Cards for internal use by your business, and you agree not to use the Vouchers and/or Gift Cards for any commercial, business or resale purposes. We will not be liable for any loss of profit, business interruption, business opportunity, or any other indirect or consequential losses.
Nothing in these terms limits or excludes liability for deliberate or wilful default, liability for death or personal injury caused by negligence, liability for fraud or fraudulent misrepresentation or liability that cannot be legally limited.
Our total liability, subject to the above, for any claim whatsoever in connection with the Voucher or any experience in respect of which a Voucher is redeemed shall not exceed the price paid for the Voucher.
19. Termination
Without affecting any other right available to us, we may suspend the supply or delivery of the Vouchers and/or Gift Cards to you, or terminate the Contract with immediate effect by giving written notice to you if:
a. you fail to pay an amount due under the Contract on the due date for payment and remain in default not less than 7 days after being notified in writing to make such payment;
b. you commit a material breach of any term of the Contract and (if such breach is remediable) fail to remedy that breach within a period of 14 days after being notified in writing to do so;
b. you take or have taken against you (other than in relation to a solvent restructuring) any step or action towards your entering bankruptcy, administration, provisional liquidation or any composition or arrangement with your creditors, applying to court for or obtaining a moratorium under Part A1 of the Insolvency Act 1986, being wound up (whether voluntarily or by order of the court), being struck off the register of companies, having a receiver appointed to any of your assets, or your entering a procedure in any jurisdiction with a similar effect to a procedure listed in this section 21(c);
d. you suspend or cease, or threaten to suspend or cease, carrying on business;
e. your financial position deteriorates so far as to reasonably justify the opinion that your ability to give effect to the terms of this Contract is in jeopardy.
Termination of the Contract shall not affect any of your or our rights, remedies, obligations or liabilities that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.
Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination of the Contract shall remain in full force and effect.
20. Age Requirements
Some Experiences may be subject to minimum age requirements imposed by law or determined by the relevant Experience Partner. Details of any applicable age restrictions will normally be included in the Experience description or will be communicated by the Experience Partner at the time of booking or participation.
By purchasing an Experience, you acknowledge and agree that it is your responsibility, and the responsibility of any recipient or Intended Participant, to ensure that all applicable age requirements are met before booking or participating in the Experience.
The relevant Experience Partner is solely responsible for determining, applying and verifying any age requirements that apply to an Experience and may require participants to produce satisfactory proof of age before booking or participating. Where the Intended Participant is unable to satisfy the applicable age requirements, the Experience Partner may refuse the booking or participation in accordance with its own terms and conditions.
Except where required by applicable law, we do not verify the age of purchasers, recipients or Intended Participants and are not responsible for any decision made by an Experience Partner to refuse a booking or participation on the grounds that an applicable age requirement has not been met.
21. Data Protection
We will only use your personal information and the personal information of the Intended Participant in accordance with applicable data protection laws, including the UK General Data Protection Regulation (UK GDPR).
For further details on how we use, share and protect personal information, and to learn about your rights (including how to access, correct or delete your personal data, or object to certain uses), please see our privacy policy which can be viewed here OR here.
22. Intellectual property
The copyright in all material on this website, including its design, text, graphics, selection and arrangement, software compilations, underlying source code and apps, belongs to us, our subsidiaries, or the licensors of such material. All rights are reserved, and no content may be reproduced or redistributed without our written permission. “Buyagift” and “Red Letter Days” are licensed trademarks of Moonpig.com Limited. Other product and company names mentioned on this website may be trademarks or registered trademarks of their respective owners.
23. Social Network Guidelines
You will not, and you will ensure that any Intended Participants will not, upload, post, email or otherwise transmit: (a) any User Content (as defined below) or other data that is false, inaccurate, unlawful, harmful, threatening, abusive, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or that otherwise degrades or intimidates an individual or group of individuals based on religion, gender, sexual orientation, race, ethnicity, age or disability; (b) any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” or any other form of solicitation; or (c) any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
24. Amendment to these terms
We may update these terms and conditions (including any policies incorporated by reference) from time to time to reflect changes to our services, technology, business practices, or applicable law.
25. Governing Law and Jurisdiction
These terms and conditions are governed by and shall be interpreted in accordance with English law. The parties submit to the exclusive jurisdiction of the English courts.
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