Terms & Conditions of Vouchers Sale
These Terms will apply to any contract between us for the sale of Vouchers to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Vouchers from us. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Vouchers from us.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 7. Every time you wish to order Vouchers, please check these Terms to ensure you understand the terms which will apply at that time.
1. Information about us
1.1 We operate the website www.zirafapp.com and the mobile app, Ziraf. We are Ziraf Ltd, registered in England and Wales under company number (11014052) and with our registered office at International House, 64 Nile Street, London, England, N1 7SR. Our main trading address is International House, 64 Nile Street, London, England, N1 7SR.
1.2 Contacting us if you are a consumer:
- 1.2.1 If you wish to contact us you can contact us by e-mailing us at (firstname.lastname@example.org).
- 1.2.2 If we have to contact you or give you notice in writing, we will do so by e-mail
- 1.2.3 If you wish to contact us in order to cancel the contract, the easiest way to do this is to follow the simple instructions in clause 8 below.
1.3 Contacting us if you are a business:
You may contact us by e-mailing us at (email@example.com).. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 15.3.
2. Use of our site
Your use of our site is governed by our Terms of website use and Website Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.
3. How we use your personal information
4. If you are a consumer
4.1 Certain Vouchers on our site may only be purchased if you satisfy a legal age requirement for that Voucher. If you do not satisfy any such age requirement, please do not attempt to order these Vouchers through our site and we reserve the right to request relevant ID documents as set out in clause 15.13.
4.2 You understand and agree that for each transaction, there is a limit of one Voucher. For example, You have two Vouchers (each worth 20 British Pounds Sterling) and the transaction has a full value of 40 British Pounds Sterling, you can only use one Voucher and will have to pay the balance by way of other means.
4.3 You understand and agree that the Voucher cannot be used in conjunction with any other offers or discounts or promotions or any other means with suggestions or implications of price reduction, either by us or by any third parties.
4.4 You understand and agree that the Voucher can only be used for dine-in.
4.5 You understand and agree that the Voucher can only be used within a year from the date of purchase. For example, if we issued you the Vouchers on 1 May 2020, you can use the Vouchers until the end of day of 1 May 2021. For avoidance of doubt, the Vouchers will not be valid on 2 May 2021.
5. If you are a business customer
This clause 5 only applies if you are a business.
5.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Vouchers.
5.2 These Terms and any document expressly referred to in them constitute the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
5.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty whether made innocently or negligently that is not set out in these Terms or any document expressly referred to in them.
5.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
6. How the contract is formed between you and us
6.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
6.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 6.3.
6.3 We will confirm our acceptance to you by sending you an e-mail with the confirmation of payment and the e-vouchers.
6.4 If we are unable to supply you with a Voucher, for example because that Voucher is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 9.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Vouchers, we will refund you the full amount including any delivery costs charged as soon as possible.
6.5 The images of the Vouchers on our site are for illustrative purposes only. Although we have made every effort to display the vouchers accurately, we cannot guarantee that your Vouchers will look identical or similar to the ones displayed.
6.6 The Contract is not a contract for sale of goods by description. All and any descriptive matter, specifications and advertising issued by us will not form part of the Contract and are solely aimed at giving an approximate idea of the Vouchers described in them. In particular but without limit the identity and number of persons who are prepared to accept the Vouchers as payment for goods and/or services may from time to time vary and this is specifically acknowledged and accepted by you.
7. Our right to vary these Terms
7.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
7.2 Every time you order Vouchers from us, the Terms in force at the time of your order will apply to the Contract between you and us.
7.3 We may revise these Terms as they apply to your order from time to time, for example to reflect changes in relevant laws and regulatory requirements.
7.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Vouchers or just the Vouchers you have yet to receive. If you opt to cancel, you will have to return any relevant Vouchers you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
8. Your consumer right of return and refund
This clause 8 only applies if you are a consumer.
8.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 8.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Voucher, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
8.2 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract is the end of 14 days after the day on which you receive the Voucher. For example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Voucher on 10 January you may cancel at any time between 1 January and the end of the day on 15 January.
8.3 To cancel a Contract in accordance with your legal right to do so as set out in clause 8, you just need to let us know that you have decided to cancel by:
- 8.3.1 sending us an email to firstname.lastname@example.org and we will email you to confirm we have received your cancellation. Your cancellation is effective from the date your online cancellation form was successfully completed and received by us; For example: if we provide you with the e-voucher on 1 January and you may cancel at any time between 1 January and the end of the day on 15 January.
- 8.3.2 emailing us your request at email@example.com and including details of your order. Your cancellation is effective from the date your email was received by us; or
8.4 If you cancel your Contract we will
- 8.4.1 make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
- (a) if you have received the Voucher: 14 days after the day on which we receive the Voucher back from you or, if earlier, the day on which you provide us with evidence that you have sent the Voucher back to us. For information about how to return a Voucher to us, see clause 8.6;
- (b) if you have not received the Voucher or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
8.5 We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Voucher we may refund you in vouchers.
8.6 If a Voucher has been delivered to you before you decide to cancel your Contract:
8.6.1 if the Voucher is faulty or not as described (in this case, see clause 8.6), you will be responsible for the cost of returning the Vouchers to us.
8.7 Because you are a consumer, we are under a legal duty to supply Vouchers that are in conformity with this Contract. As a consumer, you have legal rights in relation to Vouchers that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 8 or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
9. Price of vouchers
9.1 The prices of the Vouchers will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Vouchers are correct at the time when the relevant information was entered onto the system. However please see clause 9.5 for what happens if we discover an error in the price of Voucher(s) you ordered.
9.2 Prices for our Vouchers may change from time to time, but changes will not affect any order you have already placed.
9.3 The price of a Voucher includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Vouchers in full before the change in VAT takes effect.
9.4 Our site contains numerous Vouchers. It is always possible that, despite our reasonable efforts, some of the Vouchers on our site may be incorrectly priced. If we discover an error in the price of the Vouchers you have ordered:
- 9.4.1 we will contact you to inform you of this error and we will give you the option of continuing to purchase the Vouchers at the correct price or cancelling your order.
- 9.4.2 We will not process your order until we have your instructions.
- 9.4.3 If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
- 9.4.4 Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Vouchers to you at the incorrect lower price.
10. How to pay
Payment for the Vouchers and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order. All payments must be made in British Pounds Sterling and we are not liable if an exchange rate provided by your bank or credit card issuer differs from the time of order to the time of cancellation.
11. Our liability if you are a business
This clause 11 only applies if you are a business customer.
11.1 We only supply the Vouchers for internal and promotional use by your business, and you agree not to use the Voucher for any resale purposes.
11.2 Nothing in these Terms limits or excludes our liability for:
- 11.2.1 death or personal injury caused by our negligence;
- 11.2.2 fraud or fraudulent misrepresentation;
- 11.2.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
- 11.2.4 defective vouchers under the Consumer Protection Act 1987.
11.3 Subject to clause 11.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
- 11.3.1 any loss of profits, sales, business, or revenue;
- 11.3.2 loss or corruption of data, information or software;
- 11.3.3 loss of business opportunity;
- 11.3.4 loss of anticipated savings;
- 11.3.5 loss of goodwill; or
- 11.3.6 any indirect or consequential loss.
11.4 Subject to clause 11.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort including negligence, breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Vouchers.
11.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Vouchers. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Vouchers are suitable for your purposes.
12. Our liability if you are a consumer
This clause 12 only applies if you are a consumer.
12.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
12.2 We only supply the Vouchers for domestic and private use. You agree not to use the Voucher for any commercial, business or resale purposes including, but not limited to, on any internet site such as ebay or Gumtree, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.3 We do not in any way exclude or limit our liability for:
- 12.3.1 death or personal injury caused by our negligence;
- 12.3.2 fraud or fraudulent misrepresentation;
- 12.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
- 12.3.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
- 12.3.5 defective vouchers under the Consumer Protection Act 1987.
12.4 For avoidance of doubt, our only performance under this Contract is to deliver the Vouchers to you (by way of email).
13. Events outside our control
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 13.2.
13.2 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 (or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport).
13.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
- 13.3.1 we will contact you as soon as reasonably possible to notify you; and
- 13.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Vouchers to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
13.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 14 days. To cancel please contact us. If you opt to cancel, you will have to return any relevant Vouchers you have already received and we will refund the price you have paid
14. Communications between us
14.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
14.2 If you are a consumer you may contact us as described in clause 1.2.
14.3 If you are a business:
- 14.3.1 Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be sent by e-mail.
- 14.3.2 A notice or other communication shall be deemed to have been received: sent by e-mail, one Business Day after transmission.
- 14.3.3 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
- 14.3.4 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
15. Other important terms
15.1 Please note that a printout of the Voucher may not be accepted as valid.
15.2 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
15.3 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Voucher as a gift, you may transfer the benefit of our warranty in clause 12 to the recipient of the gift without needing to ask our consent.
15.4 This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.5 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
15.6 If we fail to insist that you perform any of your obligations under these Terms, 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.
15.7 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Vouchers through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
15.8 If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation including non-contractual disputes or claims shall be governed by and construed in accordance with the law of England and Wales.
15.9 If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation including non-contractual disputes or claims.
15.10 The funds on stated on the Voucher are not covered by the Financial Services Compensation Scheme. In the unlikely event of the issuer of the Voucher becoming insolvent some funds on the Voucher may not be available to spend.
15.11 If the value of an item you wish to purchase is less than the value of the Voucher, the retailer will not refund the difference.
15.12 The Voucher cannot be used after the expiry date as printed on the Voucher and cannot be refunded or exchanged. Any expired Vouchers that are returned to us will be destroyed.
15.13 You must not detach the Voucher from the counterfoil.
15.14 We reserve the right to ask for proof of identity from any customer and suspend their account until satisfactory documentation is provided. All information supplied when registering with the site must be accurate and complete in all respects. In particular, if using a credit or debit card, the Cardholder’s name and address must be the same as the name and address used when registering with the site. If the address does not match the payment will be declined. Where an account is suspended, customers should contact customer services at firstname.lastname@example.org.
15.15 Intellectual Property Rights and Confidentiality:
- 15.15.1 We shall have the right to apply any trade marks, trade names and/or service marks to the Vouchers. You acknowledge that no rights are granted to you to use such trade marks, trade names and/or service marks unless otherwise agreed in writing with us. You shall not deface, remove or obliterate any trade marks, trade names or logos applied by us on or in relation to the Vouchers.
- 15.15.2 You shall keep confidential and not use, without our prior written consent, all or any information supplied by us to you or disclosed to or obtained by you pursuant to or as a result of these Terms & Conditions, and shall not divulge the same to any third party except to the extent that any such information is or becomes public not through your fault, or disclosure of the same is required by law or by any other governmental or other regulatory body.
Please email us at email@example.com to contact us about any issues.
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