CONSUMER VOUCHER TERMS OF SALE
This page sets out the terms of sale for Vouchers offered by Koh Thai Tapas.
1. General Information
1.1 These Terms of Sale apply to every Voucher you purchase from Koh Thai Tapas.
1.2 Koh Thai Tapas means Koh (UK) Limited, an English company, with its registered office at Lionworks, 543 Wallisdown Road, BH12 5AD. Koh (UK) Limited's registration number is 06930104 and its VAT number is 178233492.
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 Koh Thai Tapas'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 Koh Thai Tapas to the Voucher Holder, as specified on Koh Thai Tapas Site and on the Voucher.
1.6 These Terms of Sale were last updated on 19.09.2014. Koh Thai Tapas 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 Koh Thai Tapas 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 Koh Thai Tapas.
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.
3.2 In order to redeem a Voucher you must present it to Koh Thai Tapas 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 Koh Thai Tapas 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 Koh Thai Tapas breach their contract with you, Koh Thai Tapas shall be responsible only for refunding the cost of the Voucher and any delivery costs incurred in the original purchase of the Voucher. Koh Thai Tapas shall not be liable to pay any other compensation or losses suffered by you as a consequence of Koh Thai Tapas'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 Koh Thai Tapas'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.
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 Koh Thai Tapas 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 Koh Thai Tapas 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 Koh Thai Tapas. This is because Koh Thai Tapas, 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 Koh Thai Tapas, 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 Koh Thai Tapas 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 Koh Thai Tapas.
3.1 By giving Koh Thai Tapas your details you accept that Koh Thai Tapas 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 Koh Thai Tapas 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.