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Terms & Conditions

TERMS & CONDITIONS

CONDITIONS OF USE OF THE SVM CORPORATE WEBSITE

Your access to and use of the SVM corporate website (this site) is subject to the following terms and conditions which, by accessing and browsing this site, you accept without any limitation or qualification.

GENERAL DISCLAIMER

The contents of this site are provided by SVM Global Limited (SVM). Whilst SVM has endeavoured to ensure that all information on this site is correct, the contents of this site are provided to you "as is" without representation or warranty of any kind (express or implied) including, without limitation, any implied warranties of merchantability, fitness for a particular purpose or non-infringement.

SVM accepts no liability for any statement, inaccuracy or omission on this site.

SVM accepts no liability for any direct, special, indirect or consequential loss or damages of any kind resulting from the use of any information obtained directly or indirectly from this site or for any viruses that may infect your computer equipment or other property on account of your access to, use of, downloading of or browsing in this site. All such liability is excluded to the fullest extent permitted by law.

The information on this site is subject to change and may be amended or withdrawn at any time without notice. These Conditions of Use may be changed at any time without notice.

USE OF INFORMATION PROVIDED TO SVM

All information collected by SVM is stored and handled in accordance with current applicable Data Protection regulations.  Please see the Privacy Statement for more information on data collection and how this data is used.  By accepting these terms and conditions, you are agreeing to our Privacy Statement.

Please note: Posting or transmitting any unlawful, threatening, defamatory, obscene or other inappropriate material is prohibited.

Visitors may not copy, distribute, sell, publish, display, transmit, reproduce or decompile any part of the material by any means (electronic or not) or for any purpose include it in any derivative works.

TRADEMARKS AND INTELLECTUAL PROPERTY

Trademarks, service marks and logos displayed on this site belong to SVM or to the retailers represented on the site.

Nothing contained on this site should be construed as granting any licence to use any trademark, service mark or logo displayed on this site without the express written permission of SVM and/or the retailer(s) concerned.

PROTECTING YOUR SECURITY

To ensure that your credit card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the current applicable Data Protection Regulations as outlined in the Privacy Statement.

In addition to in house verification procedures SVM employs Verified by Visa / MasterCard Securecode which allows customers to protect their credit cards used online by assigning a secret password. If you have joined the scheme you will be required to provide your password during completion of your order. SVM has no knowledge of, or access to, your password. To maintain secrecy your password is submitted directly to your card issuer, over a secure link, and does not get seen or stored by our system. As a member of one of the above schemes, should you not pass the verification process, your payment and order will not be accepted by SVM.

GIFT CARDS AND EGIFTS

Gift cards and eGifts supplied by SVM cannot be exchanged for cash. Each store group operates its own policy on issuing change, where applicable. Change may be given in the form of a lower denomination voucher or gift card. In some circumstances change, typically if under £1, will be given in cash. In some instances, no change will be given. Gift cards or eGifts which are defaced, altered or cancelled will not be accepted in shops.

SVM reserves the right to change the range of gift cards and eGifts we offer at any time, without prior notification. SVM takes no responsibility for any changes to the Terms and Conditions relating to each individual gift card and eGift.

Users should refer to the back of the specific gift card or code for any retailer specific terms and conditions and expiry dates.

Risk and title will pass to the customer upon delivery.  SVM is not directly linked to any of the retailers whose products are listed in our range. In the event that any one such product or company is placed in either administration or receivership there is no obligation on SVM to replace or exchange any previously issued, unspent gift cards or eGifts.

GENERAL

This site is controlled and operated by SVM from its offices in the UK. SVM makes no representation that material in the site is appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable.

If for any reason any provision of these Conditions of Use is determined to be void or unenforceable, then to the extent and in the places only where such provision is determined to be void or unenforceable it shall be severed and the remaining provisions shall continue in full force and effect.

These terms and conditions and anything in this site shall be governed by English Law and all matters in connection with them shall be determined by the English Courts.

CONDITIONS OF SALE

These Terms and Conditions govern the sale of products from SVM to you via this site. You must accept these Terms and Conditions before completing your purchase.

TERMS AND CONDITIONS

Introduction.

Buyer may select a variety of branded retail gift cards (“Gift Cards”) and retail gift digital codes (“Codes”) that may be used to purchase goods or services from the particular branded retailer (each order is a “Gift Card Order”).

These Terms and Conditions set out the terms on which SVM will provide Gift Card Order fulfilment services to Buyer. By submitting a Gift Card Order, Buyer accepts these Terms and Conditions.

Interpretation.

“Agreement” means these Terms and Conditions and any schedules, annexures and appendices.

“Confidential Information” means information of commercial value, in whatever form or medium, which has been kept confidential by the party from whom the information originates and which has not come into the public domain during the term of this Agreement in breach of any obligation of confidence. This includes information relating to software or any part of it, any commercial or technical know-how, technology, information pertaining to business operations and strategies, and information pertaining to customers, pricing and marketing.

“Effective Date” means the date that the Buyer's Gift Card Order is submitted.

“Intellectual Property Rights” means all patents, trademarks, service marks, trade names, domain names, business names, copyrights, design rights, database rights, rights to or in computer software, know-how, trade secrets, rights to or in confidential information and all other intellectual property rights and rights or forms of protection of a similar nature or effect which may subsist anywhere in the world whether or not registered or capable of registration, together with all applications for registration of any of the foregoing and “Intellectual Property” shall be construed accordingly.

“Working Day” means a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.

Gift Card and Code Prices and Fulfilment Costs.

The cost of each Gift Card or Code plus any fulfilment, postage or other fees are as per the Order Confirmation Email sent to the Buyer following receipt of Buyer’s Gift Card Order.

Order Data.

Buyer shall submit all Gift Card Orders to SVM via the checkout process on the website (“Order Data”). The Buyer shall be responsible for the accuracy of Order Data submitted to SVM and SVM accepts no liability for any error relating to it. All Gift Card Orders must be submitted by 1pm to be deemed received the same Working Day. Orders placed after the cut-off time shall be deemed received the next Working Day after the date of submission.

Invoicing/Payments.

All fees shall be paid by credit card prior to activation and shipment of the Gift Cards or Codes. Processing fees may apply for credit card payments.

There is a minimum Gift Card Order value of £200.

Buyer may request a VAT invoice from our finance department.

Order Fulfilment.

SVM will store the Order Data received from the Buyer and send the Gift Cards or Codes to the Buyer at the designated shipping or email addresses. SVM will send the Gift Cards with a cover letter addressed to the Buyer and printed by SVM using SVM paper and packaging. No partial Gift Card Orders will be processed and shipped.

Gift Card and Code Status.

Gift Cards will be shipped inactive. Gift Cards will be activated by the Buyer using SVM’s activation portal, Activation Point. SVM advises that the Buyer check the Gift Card balances with the relevant retailer, prior to use. eGifts will be dispatched active and ready to use.

Backorders.

Buyer acknowledges that, from time to time, certain retailers may experience temporary delays in providing Gift Cards or Codes to SVM or activating Gift Cards. SVM will use all reasonable efforts to maintain a sufficient stock of Gift Cards to minimise the impact of such delay on the service SVM provides to Buyer. SVM shall not be liable for any delay in the delivery or activation of Gift Cards and Codes caused by a retailer delay. In the event a delay results in, or SVM believes it is likely to result in, the delay of a shipment or activation of Gift Cards and Codes, SVM shall notify Buyer as soon as it becomes aware.

Customer Services and Returned Mail.

Buyer may contact SVM with any queries relating to its Gift Card Order. The return address provided on Gift Card envelopes will be SVM’s address. SVM will inform Buyer of any returned mail and Buyer will advise SVM where to resend the relevant Gift Card. Except where the reshipment is due to an error on SVM’s part, Buyer will pay SVM’s postage and fulfilment costs for sending replacements via credit card. SVM will promptly inform Buyer of any other customer service issues.

Gift Card and Code Non-Delivery, Returns and Lost/Stolen Orders.

The Buyer will promptly alert SVM if it has not received a Gift Card or Code. In this instance, SVM will investigate the claim and will follow the procedure (as applicable) set out in this section. Buyer accepts responsibility for security of the activation link and secure code provided by SVM. Buyer acknowledges that SVM accepts no liability for any losses incurred due to the Buyer’s disclosure of the activation link or secure code to a third party or the Buyer’s mishandling of the activation link or secure code resulting in the afore-mentioned being acquired and misused by a third party. Buyer acknowledges that participating retailers have different policies and practices regarding deactivation of Gift Cards and Codes and the provision of credit on replacement Gift Cards and Codes. SVM will not be liable to the Buyer for any refusal by a particular retailer to deactivate, transfer and / or provide a credit for a Gift Card or Code. SVM’s refund and / or balance transfer procedures outlined below are ultimately subject to any legal obligations it is required to abide by and to the relevant participating retailer’s policy on such matters.

Non-Delivery of a Gift Card Order: If Buyer notifies SVM that it has not received its Gift Card Order and seven (7) days have elapsed since the date the Gift Card Order was despatched (or fifteen (15) days for international Gift Card Orders) but less than six (6) months, then SVM will investigate whether such Order was delivered and unless it has proof the Gift Card Order was delivered, it will follow the procedure below:

in relation to orders for Gift Cards and such Order was sent via uninsured post (for example first class or signed for post) then the Gift Card Order will not be replaced and the Buyer will bear the loss. The Buyer may choose to pay for a replacement Gift Card Order;

if the missing Gift Card has been activated and some or all of the balance on the missing Gift Card has been spent and such Order was sent via special delivery with the appropriate level of insurance cover, then SVM will send a replacement Gift Card with the full balance to the Buyer.

with respect to Codes, SVM will resend the original Code. SVM does not accept any liability for funds already spent on Codes.

If Buyer notifies SVM that its Gift Card Order remains undelivered after six (6) months or longer since the date the Gift Card Order was despatched then SVM will replace such Gift Card Order in accordance with the above as is applicable to the situation. An investigation fee of the higher of 10% of the face value of such Gift Card or £25 will be charged to the Buyer.

Lost or Stolen Gift Card Orders.

SVM takes no liability for any order reported lost or stolen by Buyer following receipt.

Gift Card and Code Returns.

Buyer acknowledges that no refunds shall be provided for Gift Cards or Codes.

Card Images.

Where requested, SVM will supply Buyer with appropriate Gift Card images (obtained from the retailers), publicity content (including trademarks and branded material) and Gift Card and Code terms and conditions of use which Buyer can display on its internal systems(“Gift Card Material”). Buyer must display the Gift Card and Code terms and conditions of use next to the relevant retailer’s Gift Card image. Buyer acknowledges that SVM will need to obtain the prior approval of each retailer for Buyer’s use of their Gift Card images or trademarks/service marks and that such approval shall apply for the stated use only and shall not apply beyond the dates agreed when approval is granted

Intellectual Property Rights.

Buyer acknowledges and agrees that all Intellectual Property Rights in the Gift Card Material provided by each retailer (via SVM) are owned by and / or provided under licence to the relevant retailer and shall remain the property of the relevant retailer and its licensors. Buyer acknowledges and agrees that it shall not acquire any Intellectual Property Rights or any other proprietary rights in any form whatsoever or howsoever in the Gift Card Material.

Data Protection.

In providing the services outlined in these terms and conditions, SVM is acting as a data processor on behalf of the Buyer. SVM will not process the Buyer’s personal data for any purposes other than as necessary for the performance of the services, unless required by law. In submitting an order to SVM, the Buyer is agreeing to SVM’s privacy policy which can be viewed here:

https://www.svmglobal.com/content/pdfs/telesales-privacy-statement.pdf

Retailer Gift Card and Code Changes.

Buyer acknowledges that a participating retailer may make changes to its Gift Cards and Codes or Gift Card Material from time to time and consequently SVM may make the following changes in relation to the relevant retailer; (i) a change to the Gift Card Material; (ii) the addition or removal of a particular Gift Card or Code brand; or (iii) a change in available Gift Card or Code denominations.

SVM Price Change.

SVM reserves the right to increase its fees and charges to reflect any increase in the cost of the service provided by SVM, due to (i) any Government mandated price increase; (ii) increase in Royal Mail or such other courier or delivery services provider; or (iii) an increase in tax and duties.

Term of Agreement.

This agreement shall continue until the Buyer has received its complete Gift Card Order and the Gift Cards have been correctly loaded and activated.

Warranty.

Each party represents and warrants to the other party that (a) it has full capacity and authority to enter into and perform its obligations under this Agreement; (b) the products, services, offers, and websites it provides hereunder as well as its performance of its obligations shall comply in all respects with this Agreement, will not infringe or violate any other contractual obligation to which it is subject or rights of any other party (including, without limitation, any Intellectual Property Rights or rights of privacy or publicity) and will be in compliance with all applicable laws and regulations.

Indemnity.

Nothing in this clause shall restrict or limit a party’s general obligation at law to mitigate a loss it may suffer or incur as a result of an event that may give rise to a claim under the indemnities in this clause.

Subject to the below, each party (the “Indemnifying Party”), at its own expense shall defend or at its option settle, any claim, dispute or matter of difference which may arise out of or in connection with this Agreement (including without limitation claims for set off or counterclaim) brought against the other party (the “Indemnified Party”) by a third party and pay any liabilities, damages and costs awarded in any such suit or proceeding if the suit or proceeding is based on:

infringement of any Intellectual Property Rights of any third party to the extent attributable to the provision by an Indemnifying Party of that Party’s Marks and/or Material under licence to the other Party; or

the Indemnifying Party’s failure to comply with applicable law.

Whenever any party (“Indemnifier”) is required to indemnify another party (“Indemnified Party”) under this Agreement, the Indemnified Party shall notify the Indemnifier within 5 Working Days upon becoming aware of any matter or claim to which the indemnity relates. The Indemnified Party shall not make any admission or settlement in respect of such matter or claim without the prior consent of the Indemnifier (such consent not to be unreasonably withheld or delayed). The Indemnified Party will allow the Indemnifier to appoint legal advisers of its choice and to conduct and/or settle negotiations and/or proceedings relating to such matter or claim; and the Indemnified Party shall provide all such assistance (at the Indemnifier’s expense) as the Indemnifier may reasonably require in relation to dealing with any such matter or claim.

The terms of this clause shall survive the termination of this Agreement.

Confidentiality.

Each party undertakes not to use or exploit the other party’s Confidential Information otherwise than in the exercise and performance of its rights and obligations under this Agreement.

Each party undertakes to the other party to treat as confidential and not to divulge any information supplied or made available to that party (the “Receiving Party”) by the other party (“Disclosing Party”) under this Agreement provided that the Receiving Party may disclose the Disclosing Party’s Confidential Information only to such of its employees, officers, representatives, advisers or subcontractors as is strictly necessary for the purposes of carrying out its obligations under this Agreement. The Receiving Party shall procure that its employees, officers, representatives, advisers or subcontractors to whom it discloses the Disclosing Party’s Confidential Information are aware of and comply with this clause.

This clause shall not extend to any information which was rightfully in the possession of the Receiving Party prior to the Effective Date or which is already public knowledge or becomes so at a future date (otherwise than as a result of a breach of this clause) or which is required by law or regulation to be disclosed to any person who is authorised by law or regulation to receive the same.

Each party shall notify the other party if any of its employees, officers, representatives, advisers or subcontractors connected with the provision or receipt of the Services becomes aware of any unauthorised disclosure of any Confidential Information and shall afford reasonable assistance to the other party, at that other party’s reasonable cost, in connection with any enforcement proceedings which that other party may elect to bring against any person.

The terms of this clause shall survive the termination of this Agreement.

Limitation of Liability.

Nothing in this Agreement shall limit or exclude a party’s liability for:

death or personal injury caused by its negligence, or the negligence of its employees, agents or sub-contractors;

fraud or fraudulent misrepresentation;

any matter in respect of which it would be unlawful to exclude or restrict liability.

Subject to the above, all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity are, to the fullest extent permitted by law, expressly excluded from the Agreement.

Subject to the above, a party’s liability for loss or damage arising under or in connection with this Agreement shall be limited to an amount equal to SVM’s fees paid to SVM in the 12-month period immediately preceding the claim for any one individual claim or any one series of related claims in a 12-month period.

Subject to the above1, each party expressly excludes, to the fullest extent permitted by law, any liability for any indirect or consequential loss or damage arising under or in connection with this Agreement, including without limitation any liability for, loss of income or revenue; loss of business; loss of profits or contracts; loss or corruption of software, data or information; loss of or damage to goodwill; loss arising from third party claims; loss arising from the fraudulent activity of a third party; loss of goods; loss of use; or wasted management or office time.

SVM shall not be liable, whether to the Buyer or any other person, for any direct, indirect or consequential loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of statutory duty, misrepresentation, breach of contract, or otherwise, even if foreseeable, suffered or incurred by any merchant or any other person to whom Buyer has given access to their account on the SVM corporate website.

This clause shall survive termination of this Agreement.

Force Majeure.

Except for the Buyer’s payment obligations, neither party shall be responsible or liable for any losses arising out of any delay in or interruption of the performance of its obligations under this Agreement due to any act of God, act of governmental authority, act of the public enemy or due to war or terrorism, the outbreak or escalation of hostilities, riot, civil commotion, insurrection, labour difficulty in relation to a third party (including, without limitation, any strike, or other work stoppage or slow down), severe or adverse weather conditions, communications line failure, or other similar cause beyond the reasonable control of the party so affected at the time such causes arise (“Force Majeure Event”). The party so affected shall be excused from its performance of its obligations for the duration of such Force Majeure Event provided that it shall at all times use all reasonable endeavours to mitigate the effects of such Force Majeure Event. If a Force Majeure Event continues to interrupt a party’s material performance of its obligations for a period exceeding fifteen (15) consecutive Working Days then either party shall be entitled to terminate this Agreement without further liability.

Governing Law.

This Agreement shall be governed by the laws of England and the parties submit to the exclusive jurisdiction of the Courts of England.

Miscellaneous Provisions.

SVM and Buyer are independent contractors and nothing in this Agreement shall create a partnership, joint venture, agency mandate or employment relationship between the parties;

No third party shall be entitled to enforce the rights set out in this Agreement and the Contracts (Rights of Third Parties) Act 1999 shall not apply;

This Agreement constitutes the entire agreement of the parties with respect to its subject matter and supersedes all non-fraudulent prior representations, warranties, arrangements and agreements between them relating to it. Neither party shall be entitled to rely on any non-fraudulent representation, warranty, arrangement or agreement which is not expressly contained in this Agreement;

Neither party may assign this Agreement, in whole or in part, without obtaining prior written consent from the other party, which shall not be unreasonably withheld;

If any provision of this Agreement is held to be illegal, invalid or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable or, if such modification is not possible, deleted. Any modification to or deletion of a provision shall not affect the validity and enforceability of the rest of this Agreement;

No failure or delay by a party to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.