Terms and Condititions
Introduction
Habitat Gift Card Service is a service run in conjunction with Habitat stores in mainland UK. Clients register and create an account against which their Guests can pledge gifts of monies. When Guests pledge money, their gift amount is transferred to the account which is then transferred to an electronic gift card, delivered to the Client at a time specified after their Event. Habitat will add an additional 10% to the final amount pledged on the Gift Card as our gift to the Client. Client(s) can then spend their gift amount in store and can (if they wish) arrange a special shopping day in store, with dedicated assistance to help celebrate their Event . Habitat will also offer Clients free delivery (within mainland UK) of furniture from our main warehouse when £200 or more is spent on furniture using the Gift Card. Please note that this only applies to furniture which we classify as needing delivery and does not apply to any home accessory items or take away furniture.
The Habitat Gift Card Service internet facility allows Clients to view the progress of their Guests' pledges. It will register messages from friends and family who want to share in celebrating with them.
Friends and family of the Client who pledge money to the account (and leave a valid email address) will also receive a voucher to thank them for using the service, which will entitle them to £5 off a purchase of £10 or more made in any store in mainland UK provided that it is used within 30 days of their pledge.
Please note that the Habitat Gift Card Service is only available to customers in mainland UK, and excludes franchise stores including Northern Ireland and the Republic of Ireland. This means that the gift card that the customer receives when the account is closed can only be used in stores in the mainland UK. Also, we can only accept payment via a credit/debit card that is registered to an address in the mainland UK.
Definitions
In these terms and conditions, the following words have the following meanings:
| Client(s) | means the individual or individuals who register for the Habitat Gift Card Service; |
| Conditions | means these terms and conditions; |
| Event | means the event in relation to which the Client has registered for the Gift Card Service; |
| Gift Card | means the Habitat gift card provided to Clients as part of the Gift Card Service; |
| Gift Card Service | means the Habitat gift card service to which these Conditions relate; |
| Guests | means individuals who pledge money to Clients registered with the Gift Card Service; |
| Website | means the www.habitat.net website; |
| We or Us | means Habitat UK Ltd |
| You | means any person accessing or using the Website (as the context requires). |
Use of the website
Access
You are provided with access to the Website in accordance with these Conditions and any use of the website by Clients or Guests is made in accordance with these Conditions.
You warrant that:
- The personal information which you are required to provide when you register (if you are the Client) or pledge money (if you are the Guest) is true, accurate, current and complete in all respects.
- You will notify us immediately of any changes to that personal information which we require in order to fulfil our obligations to you by contacting the Habitat Gift Service Administrator. Contact information is set out at the end of these Conditions. Please note that all calls to our Gift Service Administrator may be recorded for quality monitoring and training purposes.
- You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
- Clients will be provided with a password to use the Gift Card Service and must keep this password safe and secure and not disclose it to anyone.
- To register with our Gift Card Service you must be over eighteen years of age.
Privacy policy
We will treat all your personal details as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will keep it on a secure server and we will comply with UK Data Protection legislation in relation to the use of your personal data.
When you register or pledge money on this Website, we will ask you to input and will collect personal details from you such as your name, e-mail address, billing address, telephone number, credit card or other payment information. We may also collect, and our third party providers may collect, information about where you are on the internet (eg the URL you came from, IP address, domain types like .co.uk and .com), your browser type, the country and telephone area code where your computer is located, the pages of our website that were viewed during your visit, the advertisements you clicked on, and any search terms that you entered on our Website.
We confirm that any personal details which you provide to us (or which are available on public registers) and any user information from which we can identify you, is held in accordance with the registration we have with the Information Commissioner's Office. We use your information only for the following purposes:
- Maintaining your registration and providing the Habitat Gift Card Service to you (Clients);
- Processing your pledge and providing the Habitat Gift Card Service to you (Guests);
- For statistical purposes to improve this Website and its services to you;
- To serve website content and advertisements to you;
- To administer this Website;
- If you consent, to notify you of products or special offers that may be of interest to you;
- If you consent, to send you information by post or email.
Your personal details may be disclosed to other businesses within the Habitat UK Partnership and to reputable third parties who are required to process your registration or pledge or to enable us to provide the Habitat Gift Card Service to you. Habitat UK requires all such third parties to treat your personal information as fully confidential and to comply with UK Data Protection legislation. We will not release your personal details to any company outside of the Habitat UK Partnership for mailing or marketing purposes , unless you agree.
You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your personal details and /or user information, we are entitled do so.
Please check back frequently to see any updates or changes to our privacy policy.
Questions regarding this Policy should be directed to the Habitat Gift Service Administrator. Contact details are set out at the end of these Conditions.
Indemnity
You will indemnify us against all claims, liability, damages, losses, costs and expenses reasonably suffered or incurred by us arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website/the Gift Card Service.
Our rights
We reserve the right to:
- modify or withdraw, temporarily or permanently, this Website/the Gift Card Service (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website provided that we use all reasonable endeavours to fulfil our obligations to yourself under the Gift Card Service; and/or
- change the Conditions from time to time, and your continued use of the Website/Gift Card Service (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website/Gift Card Service.
Third party links
To provide increased value to our Website users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
Use of the Gift Card
The Gift Card can be used to purchase our fantastic range of products at any Habitat store in mainland UK up to the value held on the Gift Card. Unfortunately it cannot be spent in any of our overseas stores including Northern Ireland or Republic of Ireland. Also, it cannot be used in any of our cafés or concessions in any of the Habitat stores. The Gift Card account balance cannot be exchanged for cash and has to be used within two years from the last date the Gift Card was used to make a financial transaction. Habitat cannot replace or reimburse the value of a Gift Card if it is lost, stolen or damaged so Clients are required to look after their Gift Card carefully.
Pledges
Acceptance Policy
Acceptance of the pledge and the completion of the contract between the Guest and us will take place at the point at which we notify you of acceptance of your pledge.
Non-acceptance of a pledge may be a result of one of the following:
- Our inability to obtain authorisation for your payment
- You not meeting the eligibility to order criteria set out in these Conditions
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your pledge and payment secure, but in the absence of negligence or fault on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or pledging via the Website.
The contract of purchase of the pledge will be deemed to be completed in the UK mainland.
Pledge or Event cancellation
By Guests
- The contract of purchase of a pledge is deemed to have been concluded upon our confirmation that your pledge is accepted. Once a pledge has been confirmed it is accepted that you have made a gift to the Client and ownership is transferred to the Client. The pledge cannot therefore be cancelled. This does not affect your right to cancel or withdraw a pledge while the gift list is still 'live'.
- In the result of the Event for which gifts have been pledged not proceeding we reserve the right to close the account and transfer any outstanding balance to the Client via our Gift Card Service. The Client(s) should be contacted directly should any Guest wish to recover their pledge. We will not be responsible for any failure of the Client to return the pledged monies.
- Should you need further support please feel free to contact our Gift Service Administrator. Contact details are set out at the bottom of these Conditions.
By Clients
We appreciate that from time to time, Events or the use of the Habitat Gift Service may need to be cancelled.
- Should the Event for which a gift list has been set-up be cancelled, we ask you to contact the Gift Service Administrator at your earliest opportunity.
- In the result of the Event for which gifts have been pledged not proceeding we reserve the right to close the account and transfer any outstanding balance to the Client via our Gift Card Service. We reserve the right not to add any additional pledges.
- In the result of an Event being cancelled, should any Guest contact the store or Customer Relations Manager to revoke or refund their pledge, they will be directed back to the Client(s) to arrange repayment. It is the responsibility of the Client to arrange this .
Payment
The total cost of your pledge is the actual monies pledged. Payment can be made by any of the methods specified below:-
- Visa
- Visa Electron
- Mastercard
- Maestro/Switch
- Delta
- Solo
You confirm that the credit or debit card that is being used is yours.
All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery of the pledge to the Client.
Refusal of transaction
We reserve the right to remove or edit any materials or content on this Website. We may refuse to process a transaction for any reasonable reason or refuse service to anyone at any time at our reasonable discretion.
To be eligible to make pledges on this Website and lawfully enter into and form contracts on this Website under English law you must:
- Register by providing your real name, phone number, e-mail address, payment details and other requested information
- Possess a valid credit or debit card issued by a bank acceptable to us
General
Intellectual property and right to use
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website/Gift Service shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to register or pledge) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
Compliance with laws
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
Our Liability
To the fullest extent allowed by applicable law, you agree that we will not be liable to you or any third party for consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damage whatsoever that arise out of or are related to use by you of the Website or the Gift Service.
Miscellaneous
You may not assign, sub-license or otherwise transfer any of your rights under these Conditions.
If any provision of these Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of provision will not affect the validity of the remaining provisions of these Conditions, which shall remain in full force and effect.
If you breach these Conditions and we ignore this, we will still be entitled to use our rights and remedies at a later date in any other situation where you breach the Conditions.
We will not be responsible for any breach of these Conditions caused by circumstances beyond our control.
A person who is not a party to these Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Conditions but this shall not affect any right or remedy of a third party which exists and is available apart from that Act.
Law
These Conditions shall be governed by and construed in accordance with the laws of England and any disputes will be decided only by the English Courts.
Contact us
Should you have any queries regarding this service you can contact or call our Gift Service Administrator at gift.services@habitat.co.uk or by phone on 08 444 99 1123 between 9am–1pm Monday to Friday, or by post to Habitat UK Ltd, 22-24 Torrington Place, LONDON, WC1E 7LH. Please note that all calls to our Gift Service Administrator may be recorded for quality monitoring and training purposes.
The registered company address of Habitat UK Ltd is: 42-46 Princelet Street, LONDON, E1 5LP. Registered in England No. 5048030.