TERMS AND CONDITIONS
NEWLOOK.COM GIFT CARD TERMS & CONDITIONS
IMPORTANT LEGAL NOTICE:This website at http://giftcards.newlook.com is operated and managed by The Voucher Market Limited, trading as WeGift (“TVM”). TVM’s company details are as follows:
Registered office: First Floor, Buckhurst House, 42-44 Buckhurst Avenue, Sevenoaks, Kent, TN13 1LZ
Company Number: 09281949
VAT Registration Number: 253 058 810
DEFINED WORDS: In these terms and conditions a capitalised word has a particular meaning. This paragraph explains the meaning of some of those capitalised words by showing the relevant words in brackets after their meaning. Other meanings are explained in other paragraphs in the same way. These terms and conditions (“Terms”) relate to the supply of any of the products (“Products”) and/or services (“Services”) listed on this website at http://giftcards.newlook.com (“Website”). Any reference in these Terms to “we”, “us” or “our” is a reference to TVM and any reference to “you” or “your” is a reference to any user of the Website and, where relevant, the recipient of any Product or Service from the Website (“Recipient”).
THESE TERMS ARE BINDING: Please read these Terms carefully and make sure that you understand them before using the Website including to use any Services and/or order any Products. If you do not understand any of these Terms you can ask us to explain them further using the email address given above. Your use of the Website indicates your unconditional agreement that you accept and agree to be bound by the Terms in effect at the time of usage. We may alter all or any part of these Terms (including the Products and Services which are available from the Website) at any time. If you register with the Website we will notify you by email if these Terms change. If you do not register with the Website you will need to check the 'last updated' information at the top of these Terms to confirm if they have changed since you last read them. If you do not accept the Terms, you should not use the Website. You should review these Terms regularly as your continued use of the Website means you accept the Terms as modified. Please understand that if you refuse to accept the Terms, you will not be able to order any Products from the Website.
These Terms were last updated on: 25th March 2018
You should print a copy of these Terms for future reference.
1. The Products available via the Website may include the following as well as others:
- physical gift cards ("Gift Cards"); and
- digital gift cards (“eGifts”).
2. The Services available via the Website may include the following as well as others:
- the customisation of eGifts with interactive wrapping paper, pictures and videos ("Digital Wrapping").
3. Gift Cards and eGifts shall in each case be treated as cash.
4. The sale of New Look Gift Cards and eGifts made via the Website ("Website Sales") are managed by TVM.
5. Gift Cards and eGifts purchased via Website Sales can be purchased in £Sterling with a minimum value of £1 and a maximum value of £250.
6. Payment for Gift Cards and eGifts can be made via VISA or MasterCard, debit or credit card.
7. Each transaction is subject to fraud checks and TVM reserves the right to refuse an order if the payment is subject to additional verification or scrutiny or for any other reason, without providing explanation.
ORDERING FROM US
8. To purchase a Gift Card, add the Gift Card to your basket. When your order has been processed and we have taken payment, you will receive and email (within 24 hours from the time of purchase during normal business hours from Monday to Friday) with confirmation of your purchase. Your Gift Card will be delivered based on your Delivery Type selection (see clause 26 and 27, “Despatch of Orders”). TVM and New Look accept no responsibility for the customer inputting the incorrect delivery address to which the Gift Card should be delivered.
9. To purchase an eGift, add the eGift to your basket. When your order has been processed and we have taken payment, you or the Recipient of your order will receive an email (within 24 hours from the time of purchase during normal business hours from Monday to Friday) containing a link to the purchased eGift. TVM and New Look accept no responsibility for the customer inputting the incorrect email address to which the eGift should be delivered.
10. If you are sending an e-Gift to yourself to print at home, the email Recipient will receive an email containing a link to the purchased eGift. Once the Recipient has received the email with the link to the eGift you will receive a PDF attachment. This PDF is your eGift.
11. Risk will pass to the customer upon delivery and title will pass upon receipt of payment in full. Neither TVM nor New Look has any liability for lost, stolen or damaged Gift Cards once risk has passed to the customer at time of delivery.
12. If you do not have enough funds on your Gift Card or eGift to cover the total cost of your order (including delivery), you can split payment between your Gift Card or eGift respectively and another payment method. If you do have enough funds on your Gift Card or eGift to cover the total cost of your order, split payment will not apply.
13. If you use an eGift as split payment for a purchase (part eGift, part debit/credit card or cash) and you subsequently return the purchase, the eGift will be refunded first and the remaining balance will be refunded to the other method of payment originally used.
14. Once your payment has been received the following cancellation and refund policies apply under the following circumstances:
- full refunds are offered for faulty or damaged Gift Cards;
- if a Gift Card is yet to be despatched, a full refund will be offered;
- if a Gift Card has been despatched and still has the full balance on the Gift Card, a refund will be offered minus any delivery charges of the gift card;
- if an eGift has been delivered and still has the full balance on the eGift, a full refund will be offered;
- if a Gift Card has been despatched and part/all of the balance has been used, no refund will be offered; or
- if an eGift has been delivered and part/all of the balance has been used, no refund will be offered.
15. Any request for refunds can be made by contacting New Look customer services on 0344 499 6690.
16. The Gift Card or eGift will be valid for 24 months from the date of order. Any balance remaining will be deducted to nil and forfeited.
17. TVM is not directly linked to New Look or any New Look company and TVM cannot take responsibility for products and services offered by New Look or New Look companies. In addition, New Look shall not be responsible for services offered by TVM and its associated companies.
18. The collection and management of your credit card data and personal information which is collected, processed and managed is solely used to authorise payment and is not held by TVM or New Look. Any personal data collected will be processed in accordance with the Data Protection Act 2018.
19. Gift Card and/or eGift quantities should be checked immediately upon receipt. Any discrepancies must be notified immediately to New Look Customer Service by calling 0344 499 6690. Neither TVM nor New Look can be held responsible for any shortage or loss of any Gift Cards not notified to TVM within seven working days of delivery or the specified delivery date in respect of lost cards.
20. Payment is taken at the time of purchase of the Gift Card. Cleared payment is required prior to the dispatch of orders. Your credit/debit card statement will read "The Voucher Market Ltd”. TVM cannot be held responsible for failure to meet its service obligations when any failure is brought about due to a cause totally beyond its reasonable control, for example: acts of God, trade disputes; governmental intervention, fire, flood, and disruption to computer and IT infrastructure.
21. Breach of these terms and conditions by you will entitle TVM and/or New Look to seek the appropriate legal remedy available for injunction, damages or otherwise.
22. Whilst the contents of the gift card website are checked for accuracy, TVM cannot be held responsible for omissions or errors or any statements made on the site. Nor is TVM responsible for any losses incurred if information is used from the website or if accessing the site may result in viruses to your computer equipment.
23. The images on the website including trademarks can only be used with the permission of New Look.
24. Register your eGift at http://www.newlook.com/campaign/8/campaign.jsp to protect the card against loss or theft. Neither TVM nor New Look are able to replace eGifts if damaged, lost, intercepted or stolen.
25. Gift Cards and eGifts can be redeemed in UK stores and online using the 16-digit number and 4-digit pin number. Customers must print the eGift to redeem the eGift in store.
DISPATCH OF ORDERS
26. Gift Cards ordered through Website Sales will be sent to the delivery address stated on the individual order. Deliveries will be made using First Class post, Registered Signed For or Special Delivery via Royal Mail, as specified on the order. Orders sent by Registered and Special Delivery will require a signature on arrival.
27. Gift Cards will normally be despatched within three working days unless a later delivery date is specified. During busy periods, despatch can take up to 7 working days. Orders sent by Special Delivery will be delivered before 1pm the next working day. Orders must be placed and paid for by 2pm to qualify for Special Delivery. Where possible TVM will try to meet all delivery requirements but neither TVM nor New Look shall be liable for any loss incurred either directly or indirectly by failure to meet the requested delivery date. A Loss in this instance includes any loss of profit, costs, damages, charges, other expenses, consequential losses and non-financial losses.
28. You may not use this Service for any illegal activities.
29. If you violate these rules, we may remove the offending content or block any future use of the Service.
30. Rights we grant you
- We grant you a personal, UK, royalty-free, non-assignable, non-exclusive, revocable and non-sublicensable licence to access and use the Service. This licence is for the sole purpose of letting you use and enjoy the Service for the purpose of sending a personal eGift.
- You may not copy, modify, distribute, sell or lease any part of our Service, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so.
31. Rights you grant us
- Our Service lets you create, upload, post, send, receive and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us a licence to use that content.
- For all Services you grant TVM and our affiliates a worldwide, royalty-free, sublicensable and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish and distribute that content. This licence is for the limited purpose of operating, developing, providing, promoting and improving the Services and researching and developing new ones.
- Though we’re not required to do so, we may access, review, screen and delete your content at any time and for any reason, including if we think your content violates these Terms. However, you alone remain responsible for the content you create, upload, post, send or store through the Service.
- The Services may contain advertisements. In consideration for TVM letting you access and use the Services, you agree that we, our affiliates and our third-party partners may place advertising on the Services. Because the Services contain content that you and other users provide us, advertising may sometimes appear near your content.
32. The content of others
- As the Recipient of an eGift, much of the content on our Services is produced by users, publishers and other third parties. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the person or organisation that submitted it. Although TVM reserves the right to review or remove all content that appears on the Services, we do not necessarily review all of it.
- Through these Terms, we make clear that we don't want the Services to be put to bad use. But because we don't review all content, we cannot guarantee that content on the Services will always conform to our Terms.
So we can't – and don't – take responsibility for any content that others provide through the Services.
CONDUCT & SAFETY
33. We try hard to keep our Services a safe place for all users. But we can’t guarantee it. That’s where you come in. By using the Services, you agree that:
- you will not use the Services for any purpose that is illegal or prohibited in these Terms;
- you will not use any robot, spider, crawler, scraper or other automated means or interface to access the Services or extract other users' information;
- you will not use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent;
- you will not use the Services in a way that could interfere with, disrupt, affect negatively or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services;
- you will not post content that contains pornography, graphic violence, threats, hate speech or incitements to violence;
- you will not upload viruses or other malicious code or otherwise compromise the security of the Services;
- . you will not attempt to circumvent any content-filtering techniques we employ or attempt to access areas or features of the Services that you are not authorised to access;
- you will not probe, scan or test the vulnerability of our Services or any system or network;
- you will not encourage or promote any activity that violates these Terms.
34. By accepting an eGift, the Recipient is deemed to have agreed and assumed the rights and obligations of these Terms.
36. Respecting other people’s rights
TVM respects the rights of others. And so should you. You therefore may not use the Services in a manner that:
- violates or infringes someone else’s rights of publicity, privacy, copyright, trademark or other intellectual-property right;
- bullies, harasses or intimidates;
- spams or solicits our users.
37. You must also respect TVM’s rights. These Terms do not grant you any right to:
- use branding, logos, designs, photographs, videos or any other materials used in our Services;
- copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available or otherwise use any portion of the Services or the content on the Services except as set forth in these Terms;
- use the Services, any tools provided by the Services or any content on the Services for any commercial purposes without our consent.
38. In short: you may not use the Services or the content on the Services in ways that are not authorised by these Terms. Nor may you help anyone else to do so.
39. TVM honours the requirements set out in the Copyright, Designs and Patents Act 1988. We therefore take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. And if TVM becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user’s account.
40. We make it easy for you to report suspected copyright infringement. If you believe that anything on the Services infringes a copyright that you own or control, please contact firstname.lastname@example.org.
THIRD PARTY SERVICES
41. If you use a service, feature or functionality that is operated by a third party and made available through our Services (including Services we offer jointly with the third party), each party’s terms will govern the respective party’s relationship with you. TVM is not responsible or liable for a third party’s terms or actions taken under the third party’s terms.
MODIFYING THE SERVICES & TERMINATION
42. We’re relentlessly improving our Services and creating new ones all the time. This means that we may add or remove features, products or functionalities and we may also suspend or stop the Services altogether. We may take any of these actions at any time and, when we do, we may not provide you with any notice beforehand.
43. TVM may also terminate these Terms with you at any time, for any reason, and without advance notice. This means that we may stop providing you with any Services, or impose new or additional limits on your ability to use our Services.
44. Regardless of who terminates these Terms, both you and TVM continue to be bound by clauses 5, 7, 11, 17-23 and 25 of the Terms.
45. We try to keep the Services up and running and free of annoyances, but we make no promises that we will succeed.
46. The Products and Services are provided “as is” and “as available” and to the extent permitted by law without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. In addition, while TVM attempts to provide a good user experience, we do not represent or warrant that:
- the services will always be secure, error-free or timely;
- the services will always function without delays, disruptions or imperfections; or
- that any content, user content or information you obtain on or through the services will be timely or accurate.
47. TVM takes no responsibility and assumes no liability for any content that you, another user or a third party creates, uploads, posts, sends, receives or stores on or through our services. you understand and agree that you may be exposed to content that might be offensive, illegal, misleading or otherwise inappropriate, none of which TVM will be responsible for.
LIMITATION OF LIABILITY
48. We use reasonable care and skill to provide our Products and/or Services in accordance with our specifications but:
- the Products and/or Services are provided "as is";
- we cannot and do not guarantee that the Products and/or Services will meet your requirements.
49. We shall have no obligation, duty or liability whatsoever in contract, tort (including negligence, breach of statutory duty and any other tort) or otherwise, save as expressly provided in these Terms.
50. Nothing in these Terms excludes or restricts our liability for fraudulent misrepresentation] or for death or personal injury resulting from our negligence, nor our contractual obligations in respect of products we agree to supply following our acceptance of your order.
51. We, our agents, directors, officers, shareholders, employees and subcontractors will not be liable to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise:
- for any loss of revenue, data, business, anticipated savings, profits, opportunity, goodwill or reputation, or for any business interruption;
- any loss or corruption of data;
- any loss or damage which does not directly result from (or which exceeds that which was caused as a direct result of) our breach of this Agreement, howsoever caused or arising.
52. Except as expressly stated elsewhere in these Terms, all representations, warranties, conditions and other terms, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of fraud, or where such exclusion is not permitted by law.
53. We will not be liable for any failure to perform our obligations under these Terms caused by matters beyond our reasonable control.
54. You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the Terms by you, your access and use of the Website, Gift Card or eGifts.
55. In no event will TVM’s aggregate liability for all claims relating to our Services exceed the greater of £100 or the amount you paid TVM if any, in the last 12 months.
56. The provisions of this section shall survive the termination or expiry of these Terms.
57. These Terms set out the basis of our contract. To protect your own interests please read the Terms carefully before ordering. If you are uncertain as to your rights under them or you want any explanation about them please contact us for clarification.
GOVERNING LAW & JURISDICTION
58. The Terms shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.
59. If any paragraph or sub-paragraph of these Terms is held by a competent authority to be invalid or unenforceable the validity of the other paragraphs and sub-paragraphs of these Terms shall not be affected and they shall remain in full force and effect.
THIRD PARTY RIGHTS
60. A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
61. All other communications should be provided to New Look Customer Service on:
Tel: 0344 499 6690