Gift Card Terms and Conditions
PART A - INFORMATION ABOUT ODEON / THESE TERMS
About ODEON / Definitions
1. When you purchase a gift card on the Website, Mobile Apps and via the Call Centre, you will be purchasing the gift card from Odeon Cinemas Limited (Registered office: St Albans House, 57-59 Haymarket, London SW1Y 4QX . Registered in England under company number 1854132. VAT number 241717672) ("ODEON");
2. ODEON's main business is providing entertainment and retail services though its cinemas. ODEON is registered with the UK HM Revenue & Customs under the Money Laundering Regulations 2007 (No. 12518227).
3. "Call Centre" means our telephone sales and enquiries call centre (call charges will apply, and rates will vary according to which number you use: visit the Website "Contact Us" page for up to date details of telephone numbers and call charges). "Terms" means these terms and conditions. "We / us / our" means ODEON as defined in paragraph 1 above."Website" means our website at www.odeon.co.uk. "Mobile Apps" means our mobile website athttp://mobi.odeon.co.uk/, the UK Odeon Iphone app and any other similar applications developed for different operating systems as may be made available from time to time. "You / your" means any person who purchases a gift card via the Website or our Call Centre.
Your consent to these Terms
4. Please read these Terms carefully. By purchasing a gift card on the Website, Mobile Apps or via the Call Centre, you accept these Terms. If you are reading an electronic copy of these Terms, feel free to print or save a copy for your records. To obtain more information about these Terms please ring the Call Centre or contact us via the "Contact Us" page of the Website, email us at firstname.lastname@example.org, ring us on 0800 88 89 11 or write to us at "Freepost ODEON".
Amendments to these Terms
5. ODEON reserves the right to add to or amend these Terms from time to time. Amendments will take effect when posted on the Website and Mobile Apps. Please check the Website and Mobile Apps "Privacy & Legal" section regularly for changes. If you purchase a gift card via the Website, Mobile Apps or the Call Centre after any amendment to these Terms, you agree to be bound by the updated version of these Terms.
PART B - GIFT CARD PURCHASES
Sale of Gift Cards
6. For Call Centre sales, the sales agent will guide you through the order process. For Website sales, the Website FAQs contain details of how to place your order for a gift card on the Website, including how to correct input errors during the ordering process. We advise you to read these FAQs before you proceed to place an order on the Website.
7. The sale of individual gift cards is subject to availability. Your order is an offer to purchase from ODEON, and we retain the discretion to refuse your order.
8. For Website and Mobile App sales, if we accept your order, we will display a confirmation page on your screen at the end of the ordering process, and at this point there will be a contract between you and ODEON. We will also send to you an e-mail confirmation of your completed order, for your information. We recommend that you print out a copy of the confirmation page and/or confirmation e-mail for your records.
9. For Call Centre sales, if we accept your order, the sales agent will inform you verbally that you have completed the order process and at this point there will be a contract between you and ODEON. If you provide us with your email address, we will send you a confirmation email, and we recommend you print this out for your records.
10. It is your responsibility to check your gift card order as we are under no obligation to rectify mistakes after a contract has been formed. Unless otherwise expressly stated elsewhere on these Terms (see below), gift cards cannot be cancelled, exchanged or refunded.
Right to Cancel
11. When you purchase a gift card from us via the Website, Mobile Apps or Call Centre, you have the right to cancel your order within 14 days of receiving these Terms from us, provided that you or the person you have sent the gift card to has not used the gift card ("Cancellation Period"). For Website and Mobile App sales, we provide these Terms at the time you place your order, and the 14 days starts then. For Call Centre sales, we provide these Terms by post or by email if you have provided us with an email address and the 14 days starts when you receive these Terms.
12. If you wish to cancel your order within the Cancellation Period please contact us via the "Contact Us" page of the Website, email us at email@example.com, ring us on 0800 88 89 11 or write to us at "Freepost ODEON".
Gift Card design out of stock (supply of alternative design)
13. When we come to fulfil your order, the design you have chosen may be not available. In our experience, if this happens customers generally prefer to receive an alternative design, and for this reason we will send you an alternative design ODEON gift card. However, you are free to reject this alternative provided that you or the person you have sent the gift card to has not used the gift card: simply cancel your order within 3 months of receiving the alternative design card using the contact details at paragraph 12 above and we will provide a refund at no cost (no return is required).
Delivery and Loss in Transit
14. Delivery options and costs will be set out during the order process. Gift cards will be delivered to you in accordance with the option you have chosen.
15. All gift cards of £50 or over must be sent by "Signed For" delivery services, for example, Royal Mail Special Delivery or courier services.
16. There is always a risk that a gift card may be lost or stolen in transit. If you think this has happened, please tell us straightaway. Contact us via the "Contact Us" page of the Website, email us at firstname.lastname@example.org, ring us on 0800 88 89 11 or write to us at "Freepost ODEON". Provided you notify us that the gift card has been lost or stolen in transit with 1 month of placing your order, we will provide you with a remedy, as follows:
a) For orders sent by special delivery: we will replace a gift card lost or stolen in transit free of charge;
b) For orders not sent by "Signed For" delivery services:
i) if the gift card has been used, we will cancel the gift card and refund any unused value on the card together with the delivery cost;
ii) if the gift card has not been used, we will replace the gift card provided that you agree to pay the cost of sending the replacement gift card by "Signed For" delivery services. If you do not wish to pay the "Signed For" delivery cost, we will cancel the gift card and refund the cost of the gift card including the delivery costs.
Gift Card Price
17. The gift card price and delivery cost shall be as displayed on the Website, Mobile Apps or as given to you by the Call Centre during the ordering process, except in cases of obvious error. Please note that we are not under an obligation to provide the gift card to you at the incorrect (lower) price, even after the confirmation page has been displayed and the confirmation email has been sent to you or the Call Centre has confirmed your order, if such a pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing. Price, delivery cost and availability information is subject to change without notice.
18. All stated prices and fees include any applicable Value Added Tax or other tax.
19. Payment can be made by any method specified in the order process. We will deduct your payment from your card at the time we process your credit/debit card transaction. Refunds will only be made to the card used for payment.
20. Please note that the use by you or by the person to whom you have sent the gift card of the gift card is subject to the Gift Card Terms and Conditions of Use (UK), and these are set out in full at the end of these Gift Card Purchase Terms and Conditions.
No Resale of Gift Cards
21. You undertake that you will not resell or offer for resale any gift cards (whether at a premium or otherwise). We reserve the right to suspend or cancel a gift card where we reasonably believe you have not complied with this undertaking.
Privacy and Security
PART C - GENERAL
25. Nothing in these Terms shall operate to exclude or limit ODEON's liability for death or personal injury caused by ODEON's negligence, for fraud or fraudulent misrepresentation committed by ODEON or our agents, or for any other liability which may not be excluded or limited by law.
26. Subject to paragraph 25
1) ODEON shall not be liable to you for any special, indirect or consequential losses incurred by you in any way. Any liability ODEON has is restricted to foreseeable losses;
2) ODEON is not liable or responsible for any failure to perform, or delay in performance of, any of its obligations that are caused by events outside ODEON's reasonable control;
3) Where erroneous pricing information has been given to you, and the error is obvious and could reasonably have been recognised by you as erroneous, ODEON will not be obliged to supply gift cards at the erroneous price; and
4) ODEON's total liability for all claims arising out of or in connection with the purchase of gift cards via the Website, Mobile Apps or the Call Centre shall be limited to an amount equal to the price paid by you for those gift cards.
Scope / Governing Law / Complaints
27. These Terms and any document expressly referred to in them represent the entire agreement between ODEON and you in relation to their subject matter. To the extent permitted by law, all conditions and warranties implied by law, statute or otherwise are expressly excluded.
28. English law shall apply to the establishment of the relationship between ODEON and you prior to your purchasing a gift card. These Terms, and any contract between you and ODEON in relation to purchasing a gift card, are governed by English law. Any dispute between ODEON and you regarding these Terms and/or your gift card will only be dealt with by the English courts, PROVIDED THAT, if you live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there. All information relating to the gift card, including these Terms, shall be supplied to you in English only, and we shall only communicate with you during any contract between us in relation to a gift card using the English language. There is no public filing requirement for any such contract.
29. If you have any complaint or concern regarding these Terms and/or your gift card purchase, please contact us via the "Contact Us" page of the Website, email us at email@example.com, ring us on 0800 88 89 11 or write to us at "Freepost ODEON".
ODEON GIFT CARD TERMS AND CONDITIONS OF USE (UK)
1. This card is issued by and remains the property of Odeon Cinemas Limited (Company No. 1854132) whose registered office is at St Albans House, 57-59 Haymarket, London SW1Y 4QX ("ODEON"). Use of this card constitutes acceptance of these terms. Nothing in these terms affects your legal rights.
2. This card can be used at participating ODEON and ABC branded cinemas in the UK. It can be used in cinema or online atwww.odeon.co.uk to pay for tickets. For online ticket purchases, it may be used to pay for any applicable fees, if this is stated in the sales process. It can be used in cinema to pay for food, drink and most other retail items. It cannot be used to make purchases over the telephone. All purchases using this card are subject to availability, normal age restrictions, and any other applicable terms.
3. For a list of participating UK cinemas and for details of any excluded retail items, please visit www.odeon.co.uk or ask in cinema. ODEON reserves the right to change the list of participating cinemas and/or the list of excluded retail items from time to time.
4. This card has no value until activated. The maximum value which can be loaded onto this card is ï¿½100. You cannot re-load or top up this card with value.
5. The value on this card may be used where the transaction total is higher than the card balance, upon payment of the difference. If you do not use all the value on this card in a transaction, the remaining balance will be left on the card. No change will be given. If a transaction made using this card is subsequently cancelled or reversed, any value owing will be added back onto this card.
6. You can check the balance on this card in cinema or by calling 0800 888911.
7. If this card is not used for a period of 2 years, any remaining balance of value on this card will expire. A balance enquiry does not constitute use.
8. Please keep this card secure, as if it were cash. ODEON is not responsible if this card is lost, stolen, destroyed or used without permission. ODEON reserves the right to cancel this card if it reasonably suspects fraud or misconduct. Damaged, altered or cancelled cards will not be accepted.
9. This card is not a credit, debit, charge or cheque guarantee card. This card cannot be exchanged for cash or for other vouchers/gift cards.
10. This card is for your own personal non-commercial use. You may not resell this card.
11. All copyright, trade marks and all other intellectual property rights in and in relation to this card shall at all times remain the property of ODEON or its licensors.
12. ODEON reserves the right to assign these terms to another company in the same group of companies as ODEON or to any business which purchases or is integrated with ODEON.
© ODEON Cinemas Limited 2011 to 2013. All rights reserved. Version3.0 April 2013.