1.1 In these conditions the following word shall have the following meanings:
2. APPLICATION OF TERMS
- "you" means the individual who purchases the Vouchers from us;
- "us/we/our" means Sodexo Motivation Solutions U.K Limited of Avalon House, Breckland,
Linford Wood, Milton Keynes, Buckinghamshire, MK14 6LD;
- "Contract" means any contract between you and us for the sale and
purchase of Vouchers, which incorporates these Conditions;
- "Vouchers" means any vouchers, Gift Cards or reloadable cards for
services which we agree in the Contract to supply to you (including any part or
parts of them)
- "our Client" means our client for whom we operate the Scheme
- "the website" means the website operated by our Client for the
purposes of the Scheme
- "your Account" means your account with our Client to which money
is allocated from time to time in accordance with the Scheme operated by our Client
- "the Scheme" means the incentive scheme operated by our Client
for our Client's or third party employees ie Long Service, Reward and Recognition.
2.1 Subject to any variation agreed under paragraph 2.2 below the Contract will
be subject to these Conditions and no other terms and conditions shall apply.
2.2 These Conditions apply to all sales made by us in connection with the Scheme
and no variations to these Conditions or representations about the Vouchers shall
have any effect unless one of our directors expressly agrees in writing to that
2.3 Every order for Vouchers which we receive from you shall be deemed to be an
offer by you to purchase Vouchers subject to these Conditions.
2.4 It is your responsibility to check that your order is accurate and complete.
2.5 Orders placed by you shall not be deemed to have been accepted by us unless
and until the Vouchers are delivered to you.
3.1 The description of the Vouchers shall be as set out on the website or other
promotional literature that we publish.
3.2 All drawings, descriptions, specifications and advertising issued by us and
any descriptions or illustrations contained on the website or in any other promotional
literature that we publish are issued or published to provide an indication only
of the Vouchers which they describe. They are not part of this Contract.
4.1 We will deliver or procure the delivery of the Vouchers ordered by you as soon
as reasonably practicable to the address specified in your order and in any event
within 30 days of receiving your order.
4.2 Subject to the other provisions of the Contract, we will not be liable for any
loss (including loss of profit), costs, damages, charges or expenses caused either
directly or indirectly by any delay in the delivery of the Vouchers to you nor will
you be entitled to terminate the Contract because of any delay unless the delay
exceeds 30 days.
5.1 Our record of the quantity and serial numbers of any consignment of Vouchers
despatched to you as a result of your order shall be conclusive evidence of the
quantity received by you on delivery unless you can provide conclusive evidence
proving the contrary.
5.2 We shall not be responsible for any failure to deliver Vouchers (even if caused
by our negligence) unless written notice is given to us within 30 days of the date
when the Vouchers would in the ordinary course of events have been delivered.
5.3 Our liability for failure to deliver the Vouchers is limited to providing replacement
Vouchers within 14 days of the date on which we receive notice that the Vouchers
have not been delivered or crediting your Account against the points previously
deducted in respect of the Vouchers.
6.1 The Vouchers are at your risk once delivered to you or a person nominated by
you to take possession of them.
7. POINTS VALUES AND PAYMENT
7.1 The money value attributable to the Vouchers is set out on the incentive website.
7.2. If we change the money value of any Vouchers after you have placed an order
for such Vouchers but before we have delivered the Vouchers then you may cancel
the order by written notice to us within 14 days of the date of our notice to you
of the change in money value.
7.3 Payment of the money value of the Vouchers is due by deduction of money from
your Account when you place your order.
7.4 We reserve the right to withhold the loading of points to participants' Accounts
until such time as we receive cleared funds from the Client.
8.1 We will transfer to you the benefit of any warranty or guarantee given to us
by the manufacturer or supplier of the Vouchers.
8.2 We will endeavour to ensure the Vouchers are dispatched in perfect condition.
If, when the Vouchers have been received you are unhappy with the condition of the
Vouchers, you may return them to us in accordance with our Returns Procedure set
out in Section 9.
9. RETURNS PROCEDURE
9.1 If you want to return Vouchers (including Gift Cards), you will need to contact
us via the dedicated hotline or website. The return policy is as outlined below.
9.2 Returning unwanted Experiences and Vouchers
- You may return any item within 14 working days after day of receipt of the Vouchers
- Items must be returned unopened/unused and in the original packaging.
- All postage and/or courier costs related to the return of the item will be borne
by you. We will refund the cost of the Vouchers and the cost of delivery to you
(except for the supplementary costs arising if you chose a methods of delivery other
than the least expensive type of standard delivery offered by us.) We will make
the refund using the same method and to the same Account as the original payment.
9.3 Returning faulty of damaged Vouchers
- If faulty or damaged upon delivery, you can return the item to us and we will replace/refund
as per your request.
- We will fully reimburse any postage and/or courier costs incurred by you.
- Where refunds are due the value will be reimbursed using the same methods, and to
the same Account, as the original payment for the item used.
9.4 Cancellation of Gift Cards:
- Gift Cards can be cancelled upon request at no cost as long as the card has not
- Once the Gift Card has been activated, no refund will be given by us under any circumstances.
9.5 E-voucher rewards. No refund will be given for E-codes (issued by us directly)
and E-gift certificates (issued indirectly via a third party supplier) under any
10. CANCELLATION OF YOUR FLEX BANK ACCOUNT
10.1 Cancellation must be given in writing 30 days in advance to your HR department.
10.2 Termination of Employment. Your Flex Bank Account will cease to be useable
when our Client notifies us that you have terminated your employment with them.
It is your responsibility to use the remaining funds within your Account prior to
10.3 After Termination of Employment, all unredeemed values less than £10.00 will
become the property of the Company to cover administrative costs for cancellation
of the Account. All unredeemed money values will become our property three months
after termination of the Account, where the employee has left the employment of
11. LIMITATION OF LIABILITY
11.1 Notwithstanding the provisions of paragraph 8 above, this paragraph sets out
the whole of our financial liability (including any liability for any actions or
failure to act by our employees, agents and sub-contractors) to you in respect of:
11.1.1 any breach of these Conditions; and
11.1.2 any representation, statement or tortious act or omission including negligence,
which arises directly or indirectly from the Contract.
11.2 All of the guarantees, rights, conditions and other terms implied by any statute
or at common law (except the conditions which are implied by section 12 of the Sale
of Goods Act 1979) are excluded from the Contract so far as it is legally possible
to do so.
11.3 These Conditions do not exclude or limit our liability for death or personal
injury caused by our negligence or fraudulent misrepresentation.
11.4 Subject to paragraphs 11.2 and 11.3:
11.4.1 our total liability in contract or tort or for any misrepresentation or otherwise,
arising as a result of the performance or contemplated performance of this Contract
shall be limited to 125% of the value of the Vouchers; and
10.4.2 we shall not be liable to you for any indirect special, or consequential
loss or damage (whether for loss of profit, loss of business, depletion of goodwill
or otherwise), costs, expenses or other claims for consequential compensation whatsoever
(howsoever caused) which arise out of or in connection with the Contract.
12.1 You can cancel your order for Vouchers at any time from the moment you place
your order until 14 working days from the day you receive it. Please note however,
that once a Gift Card has been activated it cannot be cancelled. Please refer to
Section 9. To cancel an order you can use the attached cancellation form. If you
use this form, we will communicate to you an acknowledgement of receipt of such
a cancellation by email without delay.
12.2 In exceptional circumstances and only at the manager's discretion, if Vouchers
are to be returned or exchanged after this period, the following charge would apply;
£20 for orders below £1,000
£30 for orders over £1,000
You must have the available points balance in your Account to cover this charge.
13.1 You shall not be entitled to transfer the whole or any part of the Contract
without our prior written consent.
13.2 We may transfer the Contract or any part of it to any third party.
14. CIRCUMSTANCES BEYOND OUR CONTROL
14.1 We reserve the right to delay the date of delivery or to cancel the Contract
or reduce the volume of the Vouchers to be supplied you (without liability to you)
if we are prevented from or delayed in the carrying on of our business as a result
of circumstances beyond our reasonable control including (but not limited to) acts
of God, fire, explosion, flood, epidemic, governmental actions, war or national
emergency, riot, civil commotion, lock-outs, strikes or other labour disputes (whether
or not relating to our workforce), or any restraints or delays affecting carriers
or inability or delay in obtaining supplies of adequate or suitable materials experienced
by us provided that, if the event in question continues for a continuous period
of more than 14 days, you shall be entitled to terminate the Contract by giving
us written notice.
15.1 None of our rights or remedies under the Contract will preclude any other right
or remedy that we may have.
15.2 If any provision of the Contract is found by any competent authority to be
wholly or partly invalid or unenforceable, the invalid or unenforceable part of
that provision shall to the extent of such invalidity or unenforceability, be deemed
deleted from the Contract and the remainder of such provision shall not be affected
and shall continue in full force and effect.
15.3 Any failure or delay by us to enforce or partially enforce any provision of
the Contract will not be construed as a waiver of any of our rights under the Contract.
15.4 Any waiver by us of any breach by you of any provision of the Contract will
not be deemed to be a waiver of any later breach or default and will in no way affect
the other terms of the Contract.
15.5 This Contract is not intended to benefit any third party and the provisions
of The Contracts (Rights of Third Parties) Act 1999 are excluded.
15.6 All aspects of the Contract shall be governed by English law and the parties
submit to the exclusive jurisdiction of the English courts.
15.7 We may contract our obligations to supply any Vouchers to you to a third party
supplier. If we do so then we will need to pass your personal details to that supplier
and you therefore consent to us passing your personal details on to that supplier
only for the purpose of supplying Vouchers ordered by you.
16. COMMUNICATIONS AND CONTACTING US
16.1 All communications between the parties about this Contract must be in writing
and delivered by hand, sent by prepaid first class post or sent by facsimile or
16.2 Communications addressed to us shall be marked for the attention of the Account
Director for the Scheme and shall be sent to our office whose address appears at
the head of these Terms and Conditions or the e-mail address published on the website
or such other address that we may publish or notify to you from time to time.
15.3 Communications addressed to you shall be sent to your registered office or
such other address as you notify to us from time to time.
16.4 Communications shall be deemed to have been received:-
16.4.1 if sent by prepaid first class post, 2 days after posting (exclusive of the
day of posting);
16.4.2 if delivered by hand, on the day of delivery;
16.4.3 if sent by facsimile or e-mail transmission prior to 4.00 p.m. on any day,
at the time of transmission and after 4.00 p.m. on the next day.
16.5 For the purposes of paragraph 16.4 any reference to a "day" shall exclude Saturdays,
Sundays, bank or public holidays and any other days on which we are closed for business.
16.6 For a copy of our Complaints Policy, please click
Insured Courier Service - (Secure Mail Services)
This is delivery by a private company in un-marked vehicles. Upon delivery they
try to get a signature. If this is not possible they will carry out a pre-agreed
series of secure procedures to prove that the delivery has been made. Not guaranteed
next day delivery.
Special Delivery - Royal Mail
This method also requires a signature. Guaranteed next day delivery from day of
First Class Mail
This is standard Royal Mail delivery with no additional security precautions. It
may be cheaper but it should be noted that if you select this as your delivery method,
you will not be covered for loss, destruction or non-delivery of those vouchers.
- Not all of the above methods may be available to
you in the drop-down menu. Please also be aware that if you exercise your right
to cancel Vouchers once you have received them in line with Paragraph 12, we will
only reimburse you for the cheapest method of delivery that we offer and you will
be required to pay the cost of returning the Vouchers to us.
- Please note if you are ordering the week prior
to a Bank Holiday your Vouchers may be subject to delay. Our Office Hours are Monday
to Friday 09.00am to 5.00pm Orders received before 12 noon will be despatched the
same day subject to availability.