T&C’s

Terms & Conditions

TheirPerfectGift


Gift Card Terms and Conditions of Use

 

Gift Card Terms and Conditions of Use

These terms and conditions apply to your Gift Card

1. The Gift Card

1.1. You must read these terms and conditions carefully as they apply to any holder of this Gift Card (‘the gift card’). By using your gift card you will be deemed to have accepted these terms and conditions.

1.2. The Gift Card is promoted by The Universal Gift Card Company Limited and Andaria Limited (co-brand partner) and issued by Wirecard Card Solutions Limited Registered Office: 3rd Floor, Grainger Chambers, 3-5 Hood Street, Newcastle upon Tyne. NE1 6JQ. Registered in England No. 07875693. Authorised and regulated in the UK by the Financial Conduct Authority to issue e-money (Firm Reference Number: 900051).

1.3. You will purchase the Gift Card in a stated currency. All references to that currency in these terms and conditions are relevant to you.
1.4. Additional funds cannot be loaded onto the Gift Card after initial purchase, except in the case where a retailer refunds a transaction onto the Gift Card.

1.5. The Gift Card is an e-money product, and as such it is not covered by the Financial Services Compensation Scheme. In the unlikely event that Wirecard Card Solutions Ltd becomes insolvent, your funds may become valueless and unusable, and as a result you may lose your money.

1.6. These terms and conditions are available online at www.theirperfectgift.co.uk and www.cardportal.comYou can request a copy of these terms and conditions at any point in their duration.

1.7. We may change these Terms and Conditions including without limitation changing existing fees or introducing new fees, from time to time by providing You with at least 30 days’ notice unless We are required to make such a change sooner by law. All such changes will be posted on the Website.

1.8. The up-to-date version of these Terms and Conditions will be posted on the Website. You should check the Website regularly so that You can see the latest version. You will be bound by these Terms and Conditions and any amendments made to them. We recommend that You print off a copy of these Terms and Conditions to keep for Your records.

1.9. You will be taken to have accepted any change We notify to You unless You tell us that You do not agree to it prior to the relevant change taking effect. In such circumstance, We will treat Your notice to Us as notification that You wish to terminate these Terms and Conditions immediately and We will refund the balance on Your Card Account.

2. Definitions

2.1. In these terms and conditions, the following words and phrases have the meanings shown next to them:

2.2. ATM – means automatic teller machine or cashpoint facility or cash dispenser;

2.3. Balance – means the amount of funds that are loaded onto the Card;

2.4. Business day – means a day between and including Monday to Friday, between 9am and 5pm (UK time) except for bank or public holidays in England and Wales;

2.5. Gift Card – means your Prepaid MasterCard® Gift Card (including replacement card);

2.6. Card scheme – means MasterCard®;

2.7. Fees – a variety of charges that can be raised for purchase and ongoing use of the card;

2.8. MasterCard® – means MasterCard® Incorporated and its successors and assigns;

2.9. PIN – means the personal identification number which We may issue or approve to be used with Your Card

2.10. Activation Code / Access Code – This is the code to activate the MasterCard® gift card.

2.12. Purse value – means the maximum value of funds that can be held with the card any one time;

2.12. Supplier – a retailer, merchant or other supplier of goods and/ or services which accepts payment by means of a card, card number, or card and signature;

2.13. Summary Box – The section that includes notification of charges, limits and restrictions associated with the card;

2.14. Supplier’s bank – the merchant acquirer used by the supplier for the purposes of receiving payments arising from transactions.

2.15. Transaction – means any cash withdrawal, purchase of goods and/or services (as appropriate) completed by You using Your Card, or any action which alters the balance of Your Card Account.

2.16. We / us / our – means Wirecard Card Solutions Limited or co-brand partners acting on our behalf;

2.17. Website – means www.theirperfectgift.co.uk and/or www.cardportal.com

2.18. Year – 12 month period following the date when the card is issued to you and each subsequent 12 month period.

2.19. You / your – means the person/employee who has received the card and is authorised to use the card as provided under the terms of this Agreement.

3. Purchase and Activation of the Gift Card

3.1. If the Gift Card is purchased in-store, the maximum value that may be loaded onto the card is €150 (or currency equivalent), subject to clauses 3.3 and 3.3.1. The Gift Card will be activated at the point of purchase and the monies on the Gift Card will be available for use immediately after card activation.

3.2. As the Gift Card is purchased over the Internet, the maximum value that may be loaded onto the card is £175 and €150, subject to clauses 3.3, 3.3.1 and 3.3.2. The Gift card will require activation. You can activate the card online via cardholder portal www.gift.cardportal.com,. Monies on the Gift Card will normally be available for use right away after card activation.

3.3. For single purchases or cumulative purchases that are under £175 / €150, (for cards the can be used inside and outside of the home state), we will record your name, address and date of birth, and may ask for other information, for instance your email address and mobile phone number. Local restrictions may apply.

3.3.1. As the purchase of your Gift Card is over the internet, an electronic check may be conducted against the information you have provided to confirm your identity. Alternatively, you may be required to upload or submit documents in accordance with clauses 3.3 and 3.3.1.

3.4. To load your card by credit or debit card, you must use a credit or debit card that has been issued by a regulated financial institution in the UK or EEA and is registered at the same address as this card.

3.5. When funds are loaded onto your card, the payment is made in the same currency as that of your card. The currency you have used to load your card may be different to that of the card. Your statement will show the exchange rate used which applied on the date that the card was loaded. These details can be found when logging into your account on www.cardportal.com. Exchange rates may change and the exchange rate which applies when you check may not be the exchange rate that was used to convert your funds to load your card.

4. Use of the card

4.1. A Gift Card may be used by the purchaser of the Gift Card or it may be given to another person as a gift. Prior to use, the Gift Card should be signed on the reverse by the person who will be using the Gift Card.

4.2. The Gift Card is designed for use in retail locations where you are physically present. To use the card, present it at the time of payment. Use it in full or part payment of your purchase in which case you will be required to pay the outstanding amount of the purchase by an alternative means, for example, cash or debit or credit card providing the retailer accepts a combination of payment methods.

4.2.2. Additional funds cannot be added to the Gift Card after purchase.

4.3. You must not make purchases that exceed the balance of funds available on the Gift Card. Your balance will be reduced by the amount of each purchase you make. If any purchase takes you over your available funds or the card limits in force the transaction may be declined.

4.4. The Gift Card is not a debit card supported by a bank account, and is not in any way connected to a bank account. It is also not a guarantee card, charge card or credit card. You will not earn any interest on any funds loaded on to the card.

4.5. You must not use the Gift Card for:

4.5.1. pre-authorised regular payments;

4.5.2. transactions using mail order;

4.5.3. transactions for cash including for example cash back, cash from a bank, cash from an ATM money orders, traveller’s cheques, foreign exchange, or bureau de change, or any illegal purposes.

4.6. Your card cannot be used in situations where it is not possible for the supplier to obtain online authorisation that you have sufficient balance for the transaction. For example: transactions on trains, ships, and some in-flight purchases.

4.7. We reserve the right to decline any Transaction at Our discretion.

4.7.1. We may at any time suspend, restrict or cancel Your Gift Card or refuse to issue or replace a Card for reasons related to the following:

4.7.2. We are concerned about the security of Your Card or Card account; We suspect Your Gift Card is being used in an unauthorised or fraudulent manner;

4.7.3. You break an important part of the Terms and Conditions or repeatedly break any term in these Terms and Conditions and fail to resolve the matter in a timely manner;

4.7.4. If We take any of the steps referred to above in Section 4.7.1, We will inform You as soon as We can or are permitted to do so after We have taken such steps. We may ask You to stop using Your Gift Card and return it to Us or destroy it. ‎We will issue You with a replacement Card if after further investigations We believe that the relevant circumstances no longer apply.

4.7.5. We may also decline to authorise a transaction:

4.7.6. If We suspect Your Card is being used in an unauthorised or fraudulent manner;

4.7.7. If We believe that a Transaction will break the law;

4.7.8. If We refuse to authorise a Transaction, We will, if practicable, tell You why immediately unless it would be unlawful for Us to do so. You may correct any information We hold and which may have caused Us to refuse a Transaction by contacting Customer Services.

4.8. We are not responsible for the quality, safety, legality, or any other aspect of any goods or services purchased with the card. We are not liable for the failure of any merchant to honour the card.

4.9. It is your responsibility to keep track of the Balance remaining on your card. To obtain the current balance amount or account activity, visit the Website.

4.10. If you attempt to use the Card when there is insufficient Balance available to cover the full transaction amount, the transaction in most instances will be declined. However, if due to a systems malfunction or for any reason whatsoever, a transaction occurs despite insufficient balance on the Card, You agree that once We notify You of any such overspend amount by whatever means You must repay it immediately. We reserve the right to deduct an amount equivalent to the overspend from any other Cards the You hold with Us or from any other payment instrument You designate to Your Card Account and against any funds which You subsequently paid into Your Card Account. We may suspend Your Card and any other Cards connected to You until we are reimbursed the overspend amount.

4.11. We will not sell the Gift Card under these terms and conditions to anyone under the age of 18 years old.

5. Transactions

5.1. You agree that any use of your card, card number constitutes your authorisation and consent to a transaction.

5.2. We will be entitled to assume that a transaction was authorised by you where the magnetic stripe on the card was swiped by the retailer, where there is a signed sales slip, or where relevant information is supplied to the retailer that allows them to process the transaction.

5.3. You cannot stop a transaction after it has been transmitted to us by giving your consent to the transaction, or once you have given your consent to the supplier for a pre-authorised payment.

5.4. We may refuse a transaction. We may do this if the relevant phone or computer link is busy. We may also do this if:

5.4.1. a transaction might take you over your available funds on the card; or

5.4.2. a transaction might take you over any of your card limits; or

5.4.3. We reasonably believe that we need to do so to keep to the rules of the payment system under which your card is issued, or

5.4.4. We reasonably believe that there are needs to do so to comply with any law or as a matter of good practice

6. Foreign currency transactions and Fees

6.1. If the Gift Card is used for transactions which are not in the currency of the card, fees will be applied for doing so.

6.2. If you make a transaction in a currency other than the currency of the card we will change the amount into the currency of the card at the wholesale market rate or any rate that a government may set. We will charge a service charge (commission), see fee (if applicable) in www.cardportal.com.

6.3. Exchange rates may change, and the exchange rate which applies on the date that you make your transaction may not be the same as the exchange rate we use on the date that we convert the transaction charge and deduct the service charge from your balance. The exchange rate applied will include this service charge. You can check the exchange rate used as described in condition

6.4. Your online statement will show the exchange rate and service charge.

6.5. Your use of Your Card is subject to the fees and charges set out in the Fees Summary on the Website. These fees and charges are part of these Terms and Conditions. Any or all of these fees/charges may be waived or reduced at Our discretion. Our fees/charges may change over time, if so We will notify You in advance of such changes in accordance with Section 3.1. Your banking provider may charge a fee for the transfer of funds. Any such fees would be in addition to the fees set out in the Fees Summary on the Website.

6.6. Fees and charges will be paid from Your Card Account at such time they are incurred

7. Checking your balance

7.1. To check the available balance on your card or to review your transactions visit www.cardportal.com. You will need to have your card details and the activation code to hand.

8. Card Expiry

8.1. The expiry date of your card will appear on screen when you first activate the card. This is usually 12months after the card has been first loaded.

8.2. The expiry date printed on the front of Your Gift Card maybe longer than the valid12 months. This date is for the valid period of the gift card to be loaded and used. You will not be able to use Your Gift Card once it has expired this date, nor will you be able to use the funds in Your Card Account. We reserve the right to decline to issue a replacement Card.

8.3. On the rare occasions that you have a gift card valid for under 12months, the expiry will be the earliest of the date printed on the front of your card or the expiry date appearing on screen.

8.4. If You do not request, nor have we provided you with a new Gift Card following the expiry of Your Gift Card, any funds remaining in Your Gift Card Account will remain for a period of 1 year from the Gift Card expiry date. Your Gift Card Account will be subject to a monthly maintenance charge. You may contact Customer Services to request your funds be returned to you at any time within the 1 year period. The funds cannot be provided to you in the form of cash (notes and coins). Any funds remaining in Your Card Account after 1 year will not be refunded.

8.5. Your Card is valid for the period stated on the Gift Card, unless its use is terminated earlier by us or you in accordance with these Terms and Conditions.

8.6. Starting the first month after card expiry, if any balance remains, a monthly/redemption fee will be applied. Fees can be found in www.cardportal.com and www.theirperfectgift.co.uk

9. Redemption

9.1. You can redeem all or part of your balance by calling us on +44 (0) 844 7744 725 up until the date that is 1 year after the expiry date shown on your card We will transfer any redeemed funds into a bank account which is in your name. We may request proof from you of the account name.

9.2. You will be charged a fee (see details in www.cardportal.com) to cover redemption costs on each occasion that you redeem if you redeem all or part of your balance at the following times:

9.2.1. Where redemption is requested before termination of the contract;

9.2.2. Where the e-money holder terminates the contract before any agreement termination date; or

9.2.3. Where redemption is requested more than one year after the date of the termination of the contract.

9.3. You will be reminded of this fee before redemption. Please note that if your balance is equal to or less than the amount you want to redeem in the circumstances listed above, the fee will equal your balance which will be reduced to zero.

9.4. You will not be charged a fee for redemption if:

9.4.1. We terminate this agreement, or

9.4.2. If the request for redemption is at termination of the contract or up to one year after that date

10. Liability

10.1. The Gift Card must be signed by the user as soon as it is received and you must take precautions to ensure it is safe. You must always make sure that you:

10.1.1. Do not allow anyone else to use your card;

10.1.2. Do not reveal or write down your password(s), or any security information you have given us

10.1.3. Only release the card, card number to make (or try to make) a transaction,

10.2. If your card is lost or stolen or someone else finds out the security features or, if you think your card, card number may be misused, you must:

10.2.1. Call us without undue delay on +44(0)330 332 0579 Monday – Friday 09.00 – 17.00 and on +44 (0) 844 7744 725 at all other times so that we can stop your card;
10.2.2. if we ask, write to us within seven days to confirm the loss, theft or possible misuse (the address is Their Perfect Gift, 6th Floor, 2 Kingdom Street, Paddington, London, W2 6BD, and

10.2.3. Stop using the card, card number immediately. If you find the card after you have reported it lost, stolen or misused, you must cut it up and tell us as soon as you can.

10.3. If your card, or any replacement card, is lost or stolen, once you have reported it you can request a replacement by calling +44(0)330 332 0579 Monday – Friday 09.00 – 17.00 (except UK public holidays) and on +44 (0) 844 7744 725 at all other times. You can also email customer service on love@theirperfectgift.co.uk. We will charge a fee for the replacement card. This is set out in the Summary Box.

10.4. You may not be liable for any use of the card, card number by another person who does not have your permission to use it or if it is lost, stolen or destroyed, unless:

10.4.1. you agreed to that person having your card, card number, or through gross negligence or carelessness, failed to comply with condition 10.1, in which case you may be liable for any use that occurs before you tell us in accordance with these terms and conditions, or

10.4.2. You acted fraudulently then, to the extent permitted by law, you may be liable for misuse of the card, or card number;

10.4.3. You may only be liable to a maximum of £50 (currency equivalent) resulting from transactions arising from the use of a lost or stolen card or from the misappropriation of the payment instrument where the cardholder has failed to keep security features of the card safe. The £50 (currency equivalent) liability limit is applicable to each instance of loss, theft or misappropriation and not each transaction.

10.5. If your card is used without your permission, or is lost, stolen or if you think the card may be misused, we may disclose to law enforcement agencies, any information which we reasonably believes may be relevant.

10.6. We will not be liable for:

10.6.1. Any abnormal or unforeseeable circumstances outside our reasonable control (for example, a failure of computer systems which happens for reasons outside our reasonable control or any industrial action which happens for reasons outside our reasonable control) if this prevents us from providing its usual service;

10.6.2. Any person refusing to accept or honour (or delays in accepting or honouring) your card, card number or

10.6.3. In case of errors or disputes about transactions, call us on +44(0)330 332 0579 Monday – Friday 09.00 – 17.00 (except UK public holidays) and on +44 (0) 844 7744 725 at all other times

11. Altering these terms and conditions

11.1. We may change any of these terms and conditions, including fees and charges, or introduce new terms. If we make any changes, we will give 30 day prior written notice to you by email.

11.2. If we change these terms and conditions, the new terms and conditions will be available at www.theirperfectgift.co.uk and www.cardportal.com from the date the change takes place.

11.3. You will be deemed to have accepted any change to these terms and conditions unless you notify us of any objection before the proposed date of the change.

11.4. Between receipt of the notice and the proposed date of change, if you notify us that you do not accept the change, this agreement will terminate immediately and subject to condition 9.4.2 you can redeem your total balance at that time without charge.

12. Cancellation rights

12.1. If you change your mind about having the card, you can cancel it within 14 days of the date you receive confirmation of your purchase by emailing love@theirperfectgift,co.uk. You will not be charged for cancelling the card during this period, if we have not already posted it out. If the card has already been posted, then you may lose the “activation fee” element. We will refund any balance remaining on the card to you and deducting fees that have already been incurred from the balance and refund the remaining balance to you ’. We will reimburse you in the currency the same as that of your pre-paid card

13. Ending this agreement

13.1. We may terminate this agreement at any time. Unless there are exceptional circumstances we will give you 30 days prior written notice.

13.2. You can terminate this agreement by calling/emailing us on +44(0)330 332 0579 (Monday – Friday 09.00 – 17.00) / love@theirperfectgift.co.uk subject to conditions 11.4 and 12

13.3. If you do not redeem your full balance within 2 years of your card’s expiry date, this agreement terminates.

14. General

14.1. By entering into this agreement you agree that we may use your information in accordance with the ‘How we use your information’ section of these terms and conditions, as set out in condition 17

14.2. We may monitor and/or record telephone calls between you and us or service providers.

14.3. You must provide us with an email and postal address and phone number and let us know of any changes.

14.4. We may transfer our rights or obligations under this agreement or arrange for any other person to carry out its rights or obligations under this agreement. You may not transfer any of your rights or obligations under this agreement.

14.5. We can delay enforcing its rights under this agreement without losing them.

14.6. If we cannot enforce any paragraph, condition or part of a paragraph or condition under this agreement, it will not affect any of the other paragraphs, conditions or the other part of the paragraph or condition in this agreement.

14.7. This agreement is governed by the law of England and Wales. The language of this agreement is English and all notices and information given under this agreement will be in English.

15. Complaints and how to contact us

15.1. If you would like to make a complaint, or contact us for any other reason connected to these terms and conditions please write to Their Perfect Gift, 6th Floor, 2 Kingdom Street, London, W2 6BD. We have procedures in place to make sure that we handle your complaint fairly and quickly. However, if you are not satisfied with the outcome of your complaint, you can write to the Financial Ombudsman Service at Exchange Tower, London E14 9SR.

16.

17. How we use your information

17.1. We may search your record at credit reference and fraud prevention agencies. These searches are to check your identity and we do not carry out full credit reference checks or credit scoring for this purpose. We may use an automated decision-making system to assess your application and verify your identity.

17.1.1. If we are unable to verify your identity adequately, we may ask you to provide some documentary evidence to help confirm your identity and address.

17.2. Credit reference agencies may check the details you supply against any particulars on any database (public or otherwise) to which they have access. An unrecorded enquiry will be made. An unrecorded enquiry is a search that was not made for lending purposes. It cannot affect your credit rating or score when you apply for credit. It is not seen by lenders other than the one that carried out the search. It is included on your credit report so you know the search was made but does not affect your credit rating, or score, when you apply for credit.

17.3. If you give us false or inaccurate information and we identify fraud, we will record this with fraud prevention agencies. Law enforcement agencies may access and use this information.

17.4. The fraud prevention agencies will share records with other organisations. We and other organisations may access and use the information recorded by fraud prevention agencies overseas.

17.5. Please phone us on +44 (0) 844 7744 725 if you would like details of those credit reference and fraud prevention agencies. You have a legal right to these details.

17.6. You have certain rights to receive a copy of any information we hold about you. Please write to: support.gift@cardportal.com. We may charge you for this service.

17.7. Some information held by credit reference and fraud prevention agencies will be disclosed to us and other organisations to, for example:
17.7.1. to prevent fraud and money laundering, by checking applications for credit, credit-related or other facilities, proposals and claims for all types of insurance, job applications and employee records, and to verify your identity.

17.7.2. The information held by these agencies may also be used for other purposes for which you give your specific permission or, in very limited circumstances, when required by law or where permitted under the terms of the Data Protection Act 1998.

17.8. When you have an agreement with us we may use the following types of information about you:

17.8.1. information you give us or we already hold about you, including any phone number you call us from, which we may record;

17.8.2. Information we receive when making a decision about your application or agreement, including information we receive from enquiries and searches made in your name with credit reference and fraud prevention agencies;

17.8.3. Information (including details of payments and transactions) we may hold about any managed account or policy which you hold with or through us, and

17.8.4. Information we receive from anyone who is allowed to provide us with information about you.

17.9. We will process, use, manage, control, release and record information about you to:

17.10. Search credit reference and fraud prevention agencies’ records (including information from overseas) to manage your account;
17.10.1. manage your accounts and policies, and manage any application, agreement or correspondence you may have with us;

17.10.2. carry out, monitor and analyse our business;

17.10.3. contact you by post, by phone or in another way about other products and services which we consider may interest you – unless you tell us that you prefer not to receive direct marketing;

17.10.4. fight fraud, money-laundering, terrorism and other crimes, and

17.10.5. keep to any laws or regulations in any country

17.11. We may reveal information about you:

17.11.1. to any person working for us or our co-brand partners;

17.11.2. to fraud prevention agencies;

17.11.3. to any organisation which backs any of our products which you hold;

17.11.4. to any payment system under which we issue your card;

17.11.5. if a payment is processed through a worldwide payment system, to certain authorities in order to detect and prevent terrorism (including authorities outside the UK);

17.11.6. to any person to whom we transfer any of our rights or obligations under any agreement we may have with you, and

17.11.7. to anyone you authorise us to give information about you to.

17.12. Processing your information, as described above, may involve sending it to other countries outside of the EEA including the United States of America. In such circumstances we are responsible for making sure that your information continues to be protected.

17.13. We will keep information about you for only as long as we need to or is required to meet legal obligations.