CONSUMER VOUCHER TERMS OF SALE
This page sets out the terms of sale for Vouchers offered by Sake no Hana.
1. General Information
1.1 These Terms of Sale apply to every Voucher you purchase from Sake no Hana.
1.2 Sake no Hana means Sake no Hana Limited, a UK company, with its registered office at 151 Wardour Street, London, W1F 8WE. Sake no Hana Limited's registration number is 05751533 and its VAT number is GB 887804273.
1.3 GiftPro means GiftPro Limited, an English company with its registered office at Castle Malwood, Minstead, Hampshire, SO43 7PE. GiftPro Limited's registration number is 09136370 and its VAT number is 198414767. GiftPro has been appointed as Sake no Hana's trusted third party payment and fulfilment provider.
1.4 Voucher means an instrument, in either physical or electronic form, which entitles the holder of such Voucher (the 'Voucher Holder') to receive the Offering during the period of time stated on the Voucher (the 'Redemption Period').
1.5 The Offering shall mean the goods and/or services to be supplied and/or provided by Sake no Hana to the Voucher Holder, as specified on Sake no Hana website and on the Voucher.
1.6 These Terms of Sale were last updated on 17.08.2016. Sake no Hana reserves the right to unilaterally amend these Terms of Sale at any time. All amendments to these Terms of Sale will be posted on-line. You will be bound only to the version of the Terms of Sale you agreed to at the time you purchase a Voucher.
2. Purchase of a Voucher
2.1 Sake no Hana uses a trusted third party provider, GiftPro, to process its vouchers. GiftPro will appear on your bank statement.
2.2 By clicking on the â€˜Confirm Order' button you submit an offer to GiftPro to buy the Voucher. However, the purchase of the Voucher is not complete until you receive an email from GiftPro confirming acceptance of your offer. GiftPro expressly reserves the right to reject your offer. In addition, even if GiftPro has accepted your offer, it can cancel the contract at any time if it reasonably suspects that you have committed or that you may be committing any fraud against GiftPro or Sake no Hana.
3. Redemption of a Voucher
3.1 Unless expressly stated otherwise:
(a) the Voucher can only be redeemed once;
(b) you must follow the redemption instructions associated with the Voucher when you redeem it;
(c) all Vouchers are non-refundable.
3.2 In order to redeem a Voucher you must present it to Sake no Hana within the Redemption Period. If you do not redeem the Voucher within the Redemption Period, the Voucher expires automatically. It cannot be redeemed anymore and you are not entitled to any reimbursement or compensation.
3.3 Unless expressly stated otherwise, the Voucher does not entitle the Voucher Holder to receive the Offering at a specific time. You are strongly recommended to contact Sake no Hana at an early stage. Doing so will give you the best chance of securing your preferred time for the supply and/or provision of the Offering.
3.4 Vouchers are redeemable in their entirety only. They may not be redeemed partially or incrementally. If, for whatever reason, you redeem the Voucher for less than the original (un-discounted) value of the Offering, you are not entitled to a credit, cash refund or new Voucher for the difference between the original (un-discounted) value and the redeemed value.
3.5 In the event that Sake no Hana breach their contract with you, Sake no Hana shall be responsible only for refunding the cost of the Voucher and any delivery costs incurred in the original purchase of the Voucher. Sake no Hana shall not be liable to pay any other compensation or losses suffered by you as a consequence of Sake no Hana's breach of contract.
4. Use of a Voucher
4.1 You promise not to provide false data including false names, addresses and/or contact or payment details; or engage in any unlawful activity in connection with the purchase or use of a Voucher, or allow anyone else to do so.
4.2 Any attempt to redeem a Voucher contrary to these Terms of Sale may render a Voucher void at Sake no Hana's discretion.
4.3 The reproduction of a Voucher is prohibited. Each Voucher contains a unique reference code, which can only be redeemed once. Once a Voucher has been redeemed, the unique reference code will no longer be valid.
4.4 The commercial trade of a Voucher is prohibited.
4.5 All vouchers and experiences will be subject to a discretionary service charge following redemption.
5. Cancellation (and exceptions), Refunds and Problems
5.1 You have a statutory right to cancel your purchase of the Voucher within 14 calendar days after the day you receive the confirmation email (the 'Voucher Cancellation Period '). However, if you redeem your Voucher during the Voucher Cancellation Period, you expressly request Sake no Hana to begin providing the services to you, and you acknowledge that you lose your right to cancel the purchase of the Voucher. Since GiftPro is not responsible for the supply or provision of the Offering, once your Voucher is redeemed GiftPro has completed its services to you in full.
5.2 If you want to cancel your purchase of a Voucher you can do so in any of the following ways:
5.2.1 by filling out and submitting the cancellation form online at http://www.giftpro.co.uk/cancellation-form
5.2.2 by contacting GiftPro at http://www.giftpro.co.uk/contact
5.2.3 by writing to GiftPro at the address mentioned in section 1.3.
5.3 If you cancel your purchase of the Voucher in accordance with this section 5, GiftPro will refund you for all payments made as part of your purchase within 14 calendar days from the day on which you informed GiftPro about your cancellation.
5.4 If you redeem your Voucher, but Sake no Hana has not properly provided you with the Offering or if you have a complaint regarding the provision of the Offering, you must take action against Sake no Hana. This is because Sake no Hana, and not GiftPro, is responsible for the supply and/or provision of the Offering. GiftPro only sells and supplies the Voucher.
5.5 Any refund in cash will be refunded to you via your original method of payment. If your original method of payment has been cancelled, expired or has otherwise changed, you must inform the customer support team immediately at http://www.giftpro.co.uk/contact. If you fail to do this and you are refunded to your original method of payment, you may need to coordinate with your bank or your payment services provider to obtain your refund. GiftPro will not provide more than one refund.
5.6 You have 30 days from the date you receive the refund to reject it. If you do not reject the refund during these 30 days, the refund shall be in full and final settlement of any and all claims you may have against GiftPro related to, arising out of, or connected to that Voucher.
6. Responsibility for the Offering
6.1 Please note that Sake no Hana, and not GiftPro, is:
6.1.1 the seller, supplier and/or provider of the Offering;
6.1.2 the party who enters into a contract with the Voucher Holder when the Voucher is redeemed; and
6.1.3 solely responsible for providing the Voucher Holder with the Offering and for the Offering itself.
7. GiftPro's Standards of Services and Liability
7.1 GiftPro promises that:
7.1.1 it will exercise reasonable care and skill in performing its obligations under these Terms of Sale;
7.1.2 the Vouchers are of satisfactory quality and fit for their purpose; and
7.1.3 it shall not contravene the requirements of fairness or professional diligence in what it does.
7.2 GiftPro is always liable for: (a) death and personal injury caused by GiftPro's negligence; (b) fraud or fraudulent misrepresentation made by itself; or (c) any breach by it of the promises in section 7.1 above or any other implied contractual terms that cannot be excluded or limited under applicable law.
7.3 Other than as set out in section 7.2 above, GiftPro is not liable for any losses not caused by its breach or any other losses or damages you may suffer, including any indirect losses.
7.4 GiftPro does not promise the completeness, fitness for purpose or legality of the Offering. GiftPro is not responsible for the quality, safety, usability or any other aspect of the Offering.
7.5 GiftPro is not liable for any breach of an obligation under these Terms of Sale where it is hindered or prevented from carrying out its obligations by any cause outside of its reasonable control.
7.6 Other than the liability arising under section 7.2, which is unlimited, GiftPro's total liability to you will in no circumstances exceed the amount of 200% the purchase price of the Voucher.
7.7 In certain countries applicable law does not allow some or all of the exclusions and/or limitations set out in this section 7. If these laws apply to you, some or all of the above exclusions and/or limitations may not apply to you and you may have additional rights.
8. GiftPro's Site
8.1 The Internet website that Sake no Hana uses to sell its Vouchers is provided by a trusted third party, GiftPro.
8.2 GiftPro's Site (the 'Site') means the Internet website, mobile applications, electronic communications or services, at which you can purchase a Voucher from Sake no Hana.
9.1 By giving Sake no Hana your details you accept that Sake no Hana will be able to use them for operational purposes, including providing your details to our payment collector, GiftPro.
10.1 Unless otherwise stated within these Terms of Sale, notices to be given to either party shall be in writing and shall be delivered by electronic mail (other than if you are sending a notice to GiftPro for the purpose of legal process) or by pre-paid post. Any notice [Client name] or GiftPro sends to you will be to the address you supplied to GiftPro when you completed your order. You can send any notice to GiftPro at the registered office address as set out in section 1.2.
10.2 If any provision of these Terms of Sale should be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of these Terms of Sale are not affected. Such invalid or unenforceable provision shall be replaced by a valid and enforceable provision which most closely achieves the economic effect contemplated by the invalid or unenforceable provision.
10.3 We will do our best to resolve any disputes about these Terms of Sale. If you wish to bring a legal claim against us, you must do so within the United Kingdom (and English courts shall have the exclusive jurisdiction for your legal claim). If you live in England and Wales, the laws of England shall apply; if you live in Scotland, then Scottish law shall apply; if you live in Northern Ireland, then Northern Irish law shall apply. The previous sentence applies to all non-contractual relationships between you and us.