These are the terms and conditions ("Consumer Terms and Conditions") which govern your use of the gift voucher website, which you will require to access to purchase a Luxury & Boutique Hotels on-line gift voucher and which is operated by Gift BONOBO Limited ("Gift BONOBO"), acting as an agent on behalf of Luxury & Boutique Hotels (the "Web Site"). The Luxury & Boutique Hotels website has separate terms and conditions which shall apply to the use of their own website.
We are Luxury & Boutique Hotels, however, as you have selected to purchase a Gift Voucher, we would draw your attention to the fact that this section of the Web Site is managed by Gift BONOBO, who acts as an agent for Luxury & Boutique Hotels and who will collect payments from you on behalf of Luxury & Boutique Hotels. Gift BONOBO is a company incorporated in England (No 9805299) with its registered office at Longbarn Village, Alcester Heath, Alcester, Warwickshire, B49 5JJ.
By using the Web Site, you shall be deemed to have accepted and be legally bound by these Consumer Terms and Conditions. You shall be asked to agree to these Consumer Terms and Conditions before placing an order (including the terms and conditions of use of the Gift Voucher). If you breach or do not accept these Consumer Terms and Conditions or the terms and conditions of use of the Gift Voucher, your permission to order any Gift Vouchers and use the Web Site automatically terminates.
We, Luxury & Boutique Hotels reserve the right to vary these Consumer Terms and Conditions from time to time. It is your responsibility to regularly review these Consumer Terms and Conditions before each purchase to keep up to date with any changes to them. Any changes to the terms and conditions of use of the Gift Voucher will also be listed on the relevant product page of the Web Site. If we need to revise these Consumer Terms and Conditions as they apply to your order, we will contact you to give you reasonable advance notice of the changes and to let you know how to cancel the order if you are not happy with the changes. If you opt to cancel and you have ordered more than one Gift Voucher, you can cancel in respect of one Gift Voucher or all of the Gift Vouchers. After receipt of your notice of cancellation, Gift BONOBO will arrange a full refund of the price you have paid on our behalf, which shall include any delivery charges if you have selected the postal option for delivery (irrespective of whether you have already received the Gift Voucher). If you have already received the Gift Voucher which you have cancelled, you should destroy it. Because you are a consumer, we are under a legal duty to supply products that are in conformity with our contract with you. As you are a consumer, you have legal rights in relation to products that are faulty or misdescribed. These legal rights are not affected if you exercise your rights to cancel or by the operation of any other terms in these terms and conditions. Advice about your legal rights, including your right to cancel the contract, is available from your local Citizens' Advice Bureau or Trading Standards office.
1.1 The Web Site offers gift vouchers for sale ("Gift Voucher").
1.2 No contract for the sale of any Gift Voucher will subsist between you and Luxury & Boutique Hotels unless and until Luxury & Boutique Hotels accepts your order by way of an email (issued by Gift BONOBO) detailing that payment has been received in full, the content of the Gift Voucher purchased and confirming your details (the "Confirmation"). That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time Gift BONOBO (on behalf of Luxury & Boutique Hotels) sends the Confirmation to you (whether or not you receive that Confirmation). The Confirmation amounts to an acceptance by Luxury & Boutique Hotels of your offer to buy Gift Voucher(s) from te Luxury & Boutique Hotels or a third party supplier that is engaged by Luxury & Boutique Hotels. In the event of any inconsistency or conflict between these terms and conditions and the Confirmation or the details on the product page of the Web Site, these terms and conditions shall prevail to the extent of the conflict or inconsistency.
1.3 You must check that the details of the Confirmation are correct as soon as possible and you should print out and keep a copy of it.
1.4 If purchasing a Gift Voucher through the Web Site or on the telephone, payment shall be taken on our behalf by Gift BONOBO as agent for us by credit or debit card. You can make payments with the following cards: Mastercard, Visa, Delta, American Express. Please note that any payments deducted by Gift BONOBO from your account, or refunded back to you will appear on your statement as being from GIFT BONOBO.
1.5 You undertake that all details you provide to Luxury & Boutique Hotels and Gift BONOBO for the purpose of ordering any Gift Vouchers are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the Gift Voucher ordered.
1.6 In order to protect your details during ordering, the Web Site uses a software package known as Secured Sockets Layer (SSL), which is indicated by a padlock which will appear your browser.
ISSUING GIFT VOUCHER
2.1 Each Gift Voucher sold is subject to terms and conditions of use which can be viewed on the Web Site alongside each individual Gift Voucher which shall apply in addition to the terms in these Consumer Terms and Conditions. All prices on the Web Site are inclusive of VAT (where applicable).
2.2 Once your order has been processed by Gift BONOBO (on our behalf), Gift BONOBO shall be responsible for issuing the Gift Voucher by email and performing any other terms set out in the Confirmation. Neither Luxury & Boutique Hotels nor Gift BONOBO accepts liability for any delay which may occur in the delivery times which are due to circumstances outside their control. You may cancel an order in such circumstances. To cancel your order, please contact Gift BONOBO by email at firstname.lastname@example.org or by phone at 0330 024 9033.
2.3 The delivery option available to customers in the UK is Email - An automatic email with your Gift Voucher(s) will be sent as soon as the transaction is completed. This is a system generated email and therefore may go to the email recipient's junk or spam email folder. Please also take care when entering email address that it is correct.
2.4 If the delivery deadline for any Gift Vouchers is missed and any of the following apply, then you may cancel your order straight away:
Gift BONOBO (or Luxury & Boutique Hotels) has refused to deliver the Gift Voucher; delivery within the delivery deadline was essential (taking into account all relevant circumstances); or you told Gift BONOBO (or Luxury & Boutique Hotels) before Luxury & Boutique Hotels accepted your order that delivery within the delivery deadline was essential.
If you do not wish to cancel your order straight away, or do not have the right to do so under this clause 2.4, you can give Gift BONOBO (acting as Luxury & Boutique Hotels's agent) a new deadline for delivery, which must be reasonable, and you can cancel your order if the new deadline is not met.
If you do choose to cancel your order for late delivery under this clause 2.4 and you have ordered more than one Gift Voucher, you can cancel in respect of one Gift Voucher or all of the Gift Vouchers, unless splitting them up would significantly reduce their value. After you cancel your order Gift BONOBO (on behalf of Luxury & Boutique Hotels) will refund any sums you have paid to Gift BONOBO for the cancelled Gift Voucher and its delivery.
3.1 Please remember that, in addition to the terms included in these Consumer Terms and Conditions, the terms and conditions which will apply to each Gift Voucher will be individual to each Gift Voucher and can be viewed on the Web Site alongside each individual Gift Voucher. The following provisions in this section 3 will apply in respect of all Gift Vouchers, unless:
(a) the Gift Voucher is for a specified date or period of performance; or
(b) the Gift Voucher is for:
- any products made to your specification or clearly personalised;
- newspapers, periodicals or magazines with the exception of subscription contracts for the supply of such publications;
- any goods which are liable to deteriorate or expire rapidly (such as food or fresh flowers);
- any alcoholic beverages where (i) their price has been agreed at the time of the conclusion of the contract; (ii) the delivery of them can only take place after 30 days, and their value is dependent on fluctuations in the market which cannot be controlled by the trader; or
- software, DVDs or CDs which have a security seal which you have opened or unsealed, in which case the Gift Voucher is non-refundable and non-transferable unless otherwise agreed by Luxury & Boutique Hotels.
3.2 All specific arrangements regarding booking dates and times must be made directly with Luxury & Boutique Hotels, and you should reconfirm any arrangements made with Luxury & Boutique Hotels a few days before the event to avoid disappointment. Luxury & Boutique Hotels will use all reasonable endeavours to meet your request but cannot guarantee any specific date or time.
3.3 Nothing in the Consumer Terms and Conditions or any additional terms and conditions applicable to a Gift Voucher alter or affect your statutory rights (including your right to receive a refund for faulty or mis-described Gift Vouchers).
3.4 Under the Consumer Protection Contracts Information, Cancellation and Additional Charges Regulations 2013, you have the right to cancel your order with Luxury & Boutique Hotels starting from the date that Gift BONOBO sends you the dispatch confirmation (which is when the contract is formed with Luxury & Boutique Hotels), until either:
(a) 14 days from the day after the day of receipt of your Gift Voucher (the "Cancellation Period") if your contract is for one Gift Voucher; or
(b) 14 days from the day after the day of receipt of the last of the Gift Vouchers ordered (the "Cancellation Period"), if your contract is for multiple Gift Vouchers which are delivered on separate days.
3.5 If you wish to cancel your order either before or after you receive the Gift Voucher, you must notify Gift BONOBO within the Cancellation Period that you have decided to cancel the contract. The easiest way to do this is to contact Gift BONOBO in accordance with clause 4.1. If you decide to cancel by email your cancellation will be effective from the date you sent Gift BONOBO the email.
3.6 Should you cancel the contract within the Cancellation Period, Gift BONOBO (on behalf of Luxury & Boutique Hotels) will then refund you the price you have paid for the Gift Voucher(s) within 14 days after the day on which Gift BONOBO receives the notice of cancellation from you (irrespective or not of whether you have received the Gift Voucher.)
3.7 This refund will include the delivery charge paid by you (providing (i) you have cancelled your order within the Cancellation Period; or (ii) the Gift Voucher is faulty or mis-described, in which case Gift BONOBO (on behalf of Luxury & Boutique Hotels) will refund the delivery charges (if a postal delivery option was chosen). In respect of a refund of the delivery charges paid by you, the maximum refund will be the costs of delivery by the least expensive delivery method offered (the cost of UK First Class post). If you have already received the Gift Voucher which you have cancelled, you should destroy it. If Gift BONOBO finds, after it has received your notice of cancellation, that the Gift Voucher has been used you shall not be entitled to a refund.
COMPLAINTS PROCEDURE AND AFTER-SALES CUSTOMER ASSISTANCE
You can contact Luxury & Boutique Hotels on the telephone number found on the main website or Gift BONOBO at 0330 024 9033 or email@example.com.
4.1. Gift BONOBO may need to cancel your original order and issue you with a new Gift Voucher. In this situation you should destroy the original Gift Voucher if it is eventually received as it will no longer be valid.
4.2 There are also further details relating to purchasing and use of Gift Vouchers within Gift BONOBO's FAQs.
5.1 This section applies only to the extent permitted by law. For the avoidance of doubt, Luxury & Boutique Hotels does not exclude or limit any liability for (a) personal injury (including sickness and death) where such injury results from Luxury & Boutique Hotels’ negligence or wilful default, or that of Luxury & Boutique Hotels’ employees, agents or subcontractor or (b) fraudulent misrepresentation.
5.2 In the event that Luxury & Boutique Hotels breaches their contract with you, Luxury & Boutique Hotels shall be responsible only for refunding the cost of the Gift Voucher. Luxury & Boutique Hotels shall not be liable to pay any other compensation or losses suffered by you as a consequence of Luxury & Boutique Hotels' breach of contract.
5.3 Luxury & Boutique Hotels agrees to provide the services for which the Gift Voucher was purchased in accordance with the description on the Web Site and Luxury & Boutique Hotels website (if applicable), at all times with reasonable skill and care. Luxury & Boutique Hotels makes no other warranty or representation.
6.1 The Web Site is protected by copyright, and other intellectual property rights and laws. You may view the Web Site and download part(s) of it to a personal computer for personal viewing for private purpose, but for no other purpose whatsoever. NONE OF THE CONTENT MAY BE DOWNLOADED, COPIED, REPRODUCED, TRANSMITTED, STORED, SOLD OR DISTRIBUTED FOR ANY NON PERSONAL PURPOSE WITHOUT OUR PRIOR WRITTEN CONSENT.
7.1 Your privacy is important to us, and we are committed to maintaining the privacy of any personal information received from you. We subscribe to the principles of UK data protection legislation. By giving us your details you accept that we will be able to use them for operational purposes including providing your details to our payment collector, Gift BONOBO.
7.2 In using your personal data for operational purposes we (including Gift BONOBO) may send your information internationally including to countries outside the EEA (for example to the U.S.A.). By accepting these Consumer Terms and Conditions you acknowledge that some of these jurisdictions offer differing levels of protection of personal information, not all of which may be as high as the UK, and you consent to your data being transferred to such countries.
8.1 By accessing and using the Web Site, or any of the information on it, you acknowledge that, while reasonable endeavours have been used to ensure that all information contained on the Web Site is correct, accurate and up to date, neither Gift BONOBO nor Luxury & Boutique Hotels make any warranties, representations or undertakings that the material on the Web Site will be free from infections, viruses, worms, trojan horses and/or other codes that have contaminating or destructive properties. (It is your responsibility to take protective steps such as virus checking).
9.1 If we fail to insist that you perform any of your obligations under these terms and conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
9.2 Each of the paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
9.3 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions that is caused by an Event Outside Our Control. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
9.4 We may transfer our rights and obligations under these terms and conditions to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these terms and conditions.
GOVERNING LAW AND JURISDICTION
The Web Site and these Consumer Terms and Conditions are governed by and construed in accordance with English law and the consumer hereby submits to the non-exclusive jurisdiction of the English courts in all matters relating to such use of the Web Site and in relation to these Consumer Terms and Conditions.