Terms & Conditions
CONSUMER VOUCHER TERMS OF SALE
This page sets out the terms of sale for Vouchers offered by Carden Park
1. General Information
1.1 These Terms of Sale apply to every Voucher you purchase from Carden Park.
1.2 Carden Park means Carden Park Hotel Ltd, an English company, with its registered office at Bridgemere House, Preston Brook, Cheshire, WA7 3BD, United Kingdom. Carden Park Hotel Ltd’s registration number is 5936631, its VAT number is 887132205 and its phone number is 01829 731 007.
1.3 Gifted is a trading name of JOURNEY HOLDINGS LIMITED, an English company with its registered office at Elmstone Business Park, Stoke Road, Elmstone Hardwicke, Cheltenham, GL51 9SY. JOURNEY HOLDINGS LIMITED's registration number is 07413674 and its VAT number is 108477112. Gifted has been appointed as Carden Park’s trusted third party payment and fulfilment provider.
1.4 Voucher means an instrument, in either physical or electronic form, which entitles the holder of such Voucher (the 'Voucher Holder') to receive the Offering during the period of time stated on the Voucher (the 'Redemption Period').
1.5 The Offering shall mean the goods and/or services to be supplied and/or provided by Carden Park to the Voucher Holder, as specified on the Carden Park Site and on the Voucher.
1.6 These Terms of Sale were last updated on 09/11/2020. Carden Park reserves the right to unilaterally amend these Terms of Sale at any time. All amendments to these Terms of Sale will be posted on-line. You will be bound only to the version of the Terms of Sale you agreed to at the time you purchase a Voucher.
2. Purchase of a Voucher
2.1 Carden Park uses a trusted third party provider, Gifted, to process its vouchers. ‘GIFTED CARDENPARK’ will appear on your bank statement.
2.2 By clicking on the ‘Confirm Order’ button you submit an offer to Gifted to buy the Voucher. However, the purchase of the Voucher is not complete until you receive an email from Gifted confirming acceptance of your offer. Gifted expressly reserves the right to reject your offer. In addition, even if Gifted has accepted your offer, it can cancel the contract at any time if it reasonably suspects that you have committed or that you may be committing any fraud against Gifted or Carden Park.
3. Redemption of a Voucher
3.1 Unless expressly stated otherwise:
(a) the Voucher can only be redeemed once;
(b) you must follow the redemption instructions associated with the Voucher when you redeem it.
3.2 In order to redeem a Voucher you must present it to Carden Park within the Redemption Period. If you do not redeem the Voucher within the Redemption Period, the Voucher expires automatically. It cannot be redeemed anymore and you are not entitled to any reimbursement or compensation.
3.3 Unless expressly stated otherwise, the Voucher does not entitle the Voucher Holder to receive the Offering at a specific time. You are strongly recommended to contact Carden Park at an early stage. Doing so will give you the best chance of securing your preferred time for the supply and/or provision of the Offering.
3.4 Vouchers are redeemable in their entirety only. They may not be redeemed partially or incrementally. If, for whatever reason, you redeem the Voucher for less than the original (un-discounted) value of the Offering, you are not entitled to a credit, cash refund or new Voucher for the difference between the original (un-discounted) value and the redeemed value.
3.5 In the event that Carden Park breach their contract with you, Carden Park shall be responsible only for refunding the cost of the Voucher and any delivery costs incurred in the original purchase of the Voucher. Carden Park shall not be liable to pay any other compensation or losses suffered by you as a consequence of Carden Park’s breach of contract.
4. Use of a Voucher
4.1 You promise not to provide false data including false names, addresses and/or contact or payment details; or engage in any unlawful activity in connection with the purchase or use of a Voucher, or allow anyone else to do so.
4.2 Any attempt to redeem a Voucher contrary to these Terms of Sale may render a Voucher void at Carden Park’s discretion.
4.3 The reproduction of a Voucher is prohibited. Each Voucher contains a unique reference code, which can only be redeemed once. Once a Voucher has been redeemed, the unique reference code will no longer be valid.
4.4 The commercial trade of a Voucher is prohibited.
5. Cancellation (and exceptions), Refunds and Problems
5.1 You have a statutory right to cancel your purchase of the Voucher within 14 calendar days after the day you receive the confirmation email (the 'Voucher Cancellation Period '). After this time, vouchers will be non-refundable. However, if you redeem your Voucher during the Voucher Cancellation Period, you expressly request Carden Park to begin providing the services to you, and you acknowledge that you lose your right to cancel the purchase of the Voucher. Since Gifted is not responsible for the supply or provision of the Offering, once your Voucher is redeemed Gifted has completed its services to you in full.
5.2 If you want to cancel your purchase of a Voucher, within the 14 calendar days as per section 5.1, you can do so by writing to, or calling Carden Park at the details mentioned in section 1.2.
5.3 If you cancel your purchase of the Voucher in accordance with this section 5, Carden Park will refund you for all payments made as part of your purchase within 14 calendar days from the day on which you informed Carden Park about your cancellation.
5.4 If you redeem your Voucher, but Carden Park has not properly provided you with the Offering or if you have a complaint regarding the provision of the Offering, you must take action against Carden Park. This is because Carden Park, and not Gifted, is responsible for the supply and/or provision of the Offering. Gifted only sells and supplies the Voucher.
5.5 Any refund will be refunded to you via your original method of payment. If your original method of payment has been cancelled, expired or has otherwise changed, you will still receive the refund to your original method of payment and your bank should forward it to the correct account, you may need to coordinate with your bank or your payment services provider to obtain your refund. Carden Park will not provide more than one refund.
5.6 You have 30 days from the date you receive the refund to reject it. If you do not reject the refund during these 30 days, the refund shall be in full and final settlement of any and all claims you may have against Carden Park related to, arising out of, or connected to that Voucher.
6. Responsibility for the Offering
6.1 Please note that Carden Park, and not Gifted, is:
6.1.1 the seller, supplier and/or provider of the Offering;
6.1.2 the party who enters into a contract with the Voucher Holder when the Voucher is redeemed; and
6.1.3 solely responsible for providing the Voucher Holder with the Offering and for the Offering itself.
7. Gifted’s Standards of Services and Liability
7.1 Gifted promises that:
7.1.1 it will exercise reasonable care and skill in performing its obligations under these Terms of Sale;
7.1.2 the Vouchers are of satisfactory quality and fit for their purpose; and
7.1.3 it shall not contravene the requirements of fairness or professional diligence in what it does.
7.2 Gifted is always liable for: (a) death and personal injury caused by Gifted’s negligence; (b) fraud or fraudulent misrepresentation made by itself; or (c) any breach by it of the promises in section 7.1 above or any other implied contractual terms that cannot be excluded or limited under applicable law.
7.3 Other than as set out in section 7.2 above, Gifted is not liable for any losses not caused by its breach or any other losses or damages you may suffer, including any indirect losses.
7.4 Gifted does not promise the completeness, fitness for purpose or legality of the Offering. Gifted is not responsible for the quality, safety, usability or any other aspect of the Offering.
7.5 Gifted is not liable for any breach of an obligation under these Terms of Sale where it is hindered or prevented from carrying out its obligations by any cause outside of its reasonable control.
7.6 Other than the liability arising under section 7.2, which is unlimited, Gifted’s total liability to you will in no circumstances exceed the amount of 200% the purchase price of the Voucher.
7.7 In certain countries applicable law does not allow some or all of the exclusions and/or limitations set out in this section 7. If these laws apply to you, some or all of the above exclusions and/or limitations may not apply to you and you may have additional rights.
8. Gifted’s Site
8.1 The Internet website that Carden Park uses to sell its Vouchers is provided by a trusted third party, Gifted.
8.2 Gifted’s Site (the 'Site') means the Internet website, mobile applications, electronic communications or services, at which you can purchase a Voucher from Carden Park.
9.1 By giving Carden Park your details you accept that Carden Park will be able to use them for operational purposes, including providing your details to our payment collector, Stripe.
10.1 Unless otherwise stated within these Terms of Sale, notices to be given to either party shall be in writing and shall be delivered by electronic mail (other than if you are sending a notice to Gifted for the purpose of legal process) or by pre-paid post. Any notice Carden Park or Gifted sends to you will be to the address you supplied to Gifted when you completed your order. You can send any notice to Gifted at the registered office address as set out in section 1.2.
10.2 If any provision of these Terms of Sale should be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of these Terms of Sale are not affected. Such invalid or unenforceable provision shall be replaced by a valid and enforceable provision which most closely achieves the economic effect contemplated by the invalid or unenforceable provision.
10.3 We will do our best to resolve any disputes about these Terms of Sale. If you wish to bring a legal claim against us, you must do so within the United Kingdom (and English courts shall have the exclusive jurisdiction for your legal claim). If you live in England and Wales, the laws of England shall apply; if you live in Scotland, then Scottish law shall apply; if you live in Northern Ireland, then Northern Irish law shall apply. The previous sentence applies to all non-contractual relationships between you and us.
WEBSITE TERMS & CONDITIONS
These terms and conditions ("Consumer Terms and Conditions") apply your use of the gift voucher web site ("Website"), and when you purchase a Carden Park gift voucher ("Gift Voucher").
We are Carden Park, however, as you have selected to purchase a Gift Voucher, we would draw your attention to the fact that this section of the Website is managed by THE HOTEL MARKETING GROUP LTD (Trading as GIFTED), who acts as an agent for Carden Park. Any payments will be collected by Carden Park using our payment platform STRIPE. THE HOTEL MARKETING GROUP LTD, an English company with its registered office at Journey, Elmstone Business Park, Elmstone Hardwicke, Cheltenham, GL51 9SY, United Kingdom. THE HOTEL MARKETING GROUP LTD's registration number is 07413674 and its VAT number is 108477112. Gifted has been appointed as Carden Park’s trusted third party payment and fulfilment provider. The Carden Park website has separate terms and conditions which apply to the use of that website.
Before placing an order on the Website, you will be asked to agree and to be legally bound by these Consumer Terms and Conditions. Please read them carefully before you submit your order. If you do not accept these Terms, you will not be able to order any products from the Website.
We, Carden Park reserve the right to vary these Consumer Terms and Conditions from time to time. It is your responsibility to regularly review these Consumer Terms and Conditions before each purchase to keep up to date with any changes to them. If we need to revise these Consumer Terms and Conditions as they apply to your order, we will contact you to give you reasonable advance notice of the changes and to let you know how to cancel the order if you are not happy with the changes. If you opt to cancel and you have ordered more than one Gift Voucher, you can cancel in respect of one Gift Voucher or all of the Gift Vouchers. After receipt of your notice of cancellation, Carden Park will arrange a full refund of the price you have paid, which shall not include any delivery charges if you have selected the postal option for delivery (irrespective of whether you have already received the Gift Voucher). If you have already received the Gift Voucher which you have cancelled, you should destroy it. Because you are a consumer, we are under a legal duty to supply products that are in conformity with our contract with you. As you are a consumer, you have legal rights in relation to products that are faulty or mis-described. These legal rights are not affected if you exercise your rights to cancel or by the operation of any other terms in these terms and conditions. Advice about your legal rights, including your right to cancel the contract, is available from your local Citizens' Advice Bureau or Trading Standards office.
1.1 The Website offers gift vouchers for sale.
1.2 No contract for the sale of any Gift Voucher will subsist between you and Carden Park unless and until Carden Park accepts your order by way of an email (issued by GIFTED) detailing that payment has been received in full, the content of the Gift Voucher purchased and confirming your details (the "Confirmation"). That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time GIFTED (on behalf of Carden Park) sends the Confirmation to you.. The Confirmation amounts to an acceptance by Carden Park of your offer to buy Gift Voucher(s) from Customer or a third party supplier that is engaged by Carden Park.
1.3 You must check that the details of the Confirmation are correct as soon as possible and you should print out and keep a copy of it.
1.4 If purchasing a Gift Voucher through the Website or on the telephone, payment shall be taken on our behalf by STRIPE as agent for us by credit or debit card. Please note that any payments deducted by STRIPE on behalf of Carden Park, from your account, or refunded back to you will appear on your statement as being from CARDEN PARK.
1.5 You undertake that all details you provide to Carden Park and GIFTED for the purpose of ordering any Gift Vouchers are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the Gift Voucher ordered.
Issuing Gift Vouchers
2.1 Each Gift Voucher sold is subject to terms and conditions of use which can be viewed on the Website alongside each individual Gift Voucher which shall apply in addition to the terms in these Consumer Terms and Conditions. All prices for our services include VAT (where applicable) and will be raised at the time the services are consumed.
2.2 Once your order has been processed by GIFTED (on our behalf), GIFTED shall be responsible for issuing, posting (or special delivery, airmail or international signed for if requested) and performing any other terms set out in the Confirmation. Please allow seven (7) days for UK delivery during peak postal time. There is no dispatch or delivery on UK bank holidays or weekends. Please note that delivery is by Royal Mail therefore neither Carden Park nor GIFTED can be held responsible for delays caused by the postal system. Neither Carden Park or GIFTED accept liability for any delay which may occur in the delivery times which are due to circumstances outside its control. You may cancel an order in such circumstances. To cancel your order, please contact Carden Park by email at firstname.lastname@example.org or by phone at 01829 731007.
2.3 In respect of postal deliveries, GIFTED uses Royal Mail to deliver your order. Please note that postage and packaging charges are not included in the Gift Voucher prices. Any postage and packaging charges which apply are advised to you during the check-out and ordering process before you confirm your order.
2.4 Orders will be dispatched in accordance with the following timescale:
For orders placed on a working day (Monday - Friday, excluding bank holidays) before 12 noon, the order will be despatched the same day.
For orders placed on a working day after 12 noon or on a weekend day, the order will be dispatched the next working day.
2.5 The following mailing options are available to customers ordering from the UK:
UK 1st class delivery - standard Royal Mail UK 1st class delivery service. Please then allow 5 working days for the Gift Voucher to be delivered by Royal Mail. Please note that UK First Class post does not guarantee delivery within above timescales, and cannot be traced if it goes missing.
UK Special delivery - standard Royal Mail UK Special delivery. This will be tracked by Royal Mail and requires a signature from the recipient. Special Delivery guarantees receipt of the Gift Vouchers by 1pm on the next working day (not weekends). Please make sure that you (or the recipient) are available to sign for the delivery otherwise it will be returned to the sorting office for collection. Please note that if you place an order on a Friday before 12 noon, Royal Mail will not guarantee delivery on Saturday but will guarantee delivery by Monday.
Airmail - standard Royal Mail Airmail delivery. This should be selected for any overseas Gift Voucher orders.
International Signed For - standard Royal Mail Recorded Overseas delivery. As with UK Special delivery the delivery is recorded and a signature is required upon delivery. If you use International Signed For with Airmail delivery, Royal Mail has a target time of within five working days to Western Europe, six working days to Eastern Europe and seven working days for the rest of the world. By Surface mail, it may take up to two weeks for Western Europe, four weeks for Eastern Europe, and up to eight weeks elsewhere. If your item is not delivered, please allow up to 25 days after posting before you consider it lost. This is because your item may have been held in customs or be in the process of being returned to sender if it could not be delivered for some reason.
Email (Where Available) - An automatic email with a Gift Voucher link will be sent as soon as the transaction is completed. This can be sent to either the purchaser or the recipient. This is a system generated email and therefore may go to the email recipient's junk or spam email folder. Please also take care when entering email address that it is correct. If an email delivery fails we will attempt to contact you to advise that the email has been returned to us 'undelivered' and will try to get another email address. If you have difficulty opening your Gift Voucher link please see below.
3.1 Please remember that, in addition to the terms included in these Consumer Terms and Conditions, the terms and conditions which will apply to each Gift Voucher will be individual to each Gift Voucher and can be viewed on the Website alongside each individual Gift Voucher. The following provisions in this section 3 will apply in respect of all Gift Vouchers, unless:
(a) the Gift Voucher is for a specified date or period of performance; or
(b) the Gift Voucher is for:
- any products made to your specification or clearly personalised;
- newspapers, periodicals or magazines with the exception of subscription contracts for the supply of such publications;
- any goods which are liable to deteriorate or expire rapidly (such as food or fresh flowers);
- any alcoholic beverages where (i) their price has been agreed at the time of the conclusion of the contract; (ii) the delivery of them can only take place after 30 days, and their value is dependent on fluctuations in the market which cannot be controlled by the trader; or
in which case the Gift Voucher is non-refundable and non-transferable unless otherwise agreed by Carden Park.
3.3 All specific arrangements regarding booking dates and times must be made directly with Carden Park, and you should reconfirm any arrangements made with Carden Park a few days before the event to avoid disappointment. Carden Park will use all reasonable endeavours to meet your request but cannot guarantee any specific date or time.
3.4 Nothing in the Consumer Terms and Conditions or any additional terms and conditions applicable to a Gift Voucher alter or affect your statutory rights (including your right to receive a refund for faulty or mis-described Gift Vouchers).
3.5 Under the Consumer Protection Contracts Information, Cancellation and Additional Charges) Regulations 2013, you have the right to cancel your order with Carden Park starting from the date that GIFTED sends you the dispatch confirmation (which is when the contract is formed with Carden Park), until either:
(a) 14 days from the day after the day of receipt of your Gift Voucher (the "Cancellation Period" if your contract is for one Gift Voucher; or
(b) 14 days from the day after the day of receipt of the last of the Gift Vouchers ordered (the "Cancellation Period"), if your contract is for multiple Gift Vouchers which are delivered on separate days.
3.6 If you wish to cancel your order either before or after you receive the Gift Voucher, you must notify Carden Park within the Cancellation Period that you have decided to cancel the contract. The easiest way to do this is to contact Carden Park in accordance with clause 4.1. If you decide to cancel by email, your cancellation will be effective from the date you sent Carden Park the email.
3.7 Should you cancel the contract within the Cancellation Period, Carden Park will then refund you the price you have paid for the Gift Voucher(s) within 14 days after the day on which we receive the notice of cancellation from you (irrespective or not of whether you have received the Gift Voucher.)
3.8 This refund will not include the delivery charge paid by you (providing (i) you have cancelled your order within the Cancellation Period; or (ii) the Gift Voucher is faulty or mis-described, in which case Carden Park will refund the delivery charges (if the postal delivery option was chosen). In respect of a refund of the delivery charges paid by you, the maximum refund will be the costs of delivery by the least expensive delivery method offered (the cost of UK First Class post). If you have already received the Gift Voucher which you have cancelled, you should destroy it. If Carden Park finds, after it has received your notice of cancellation, that the Gift Voucher has been used you shall not be entitled to a refund.
Complaints Procedure and after sales customer assistance
4.1 If you have any questions relating to a purchase you are considering or how to redeem your Gift Voucher, please contact Carden Park. If your query relates to payment please direct your queries to Carden Park.
You can contact Carden Park at 01829 731007 or email@example.com.
5.1 This section applies only to the extent permitted by law. For the avoidance of doubt, Carden Park does not exclude or limit any liability for (a) personal injury (including sickness and death) where such injury results from Carden Park' negligence or wilful default, or that of Carden Park' employees, agents or subcontractor or (b) fraud or fraudulent misrepresentation.
5.2 In the event that Carden Park breaches its contract with you, Carden Park shall be responsible only for refunding the cost of the Gift Voucher. Carden Park shall not be liable to pay any other compensation or losses suffered by you as a consequence of Carden Park' breach of contract.
5.3 Carden Park agrees to provide the services for which the Gift Voucher was purchased in accordance with the description on the Website and the Carden Park website (if applicable), at all times with reasonable skill and care. Carden Park makes no other warranty or representation.
The Website is protected by copyright, and other intellectual property rights and laws. We or GIFTED are the owner or the licensee of all copyright, trade marks, design rights, patents and other intellectual property rights on this Website, and the material published on it. You may view the Website and download part(s) of it to a personal computer for personal viewing for private purpose, but for no other purpose whatsoever. NONE OF THE CONTENT MAY BE DOWNLOADED, COPIED, REPRODUCED, TRANSMITTED, STORED, SOLD OR DISTRIBUTED FOR ANY NON PERSONAL PURPOSE WITHOUT OUR PRIOR WRITTEN CONSENT.
By accessing and using the Website, or any of the information on it, you acknowledge that, while reasonable endeavours have been used to ensure that all information contained on the Website is correct, accurate and up to date. Neither GIFTED nor Carden Park make any warranties, representations or undertakings that the material on the Website will be free from infections, viruses, worms, trojan horses and/or other codes that have contaminating or destructive properties. (It is your responsibility to take protective steps such as virus checking).
Governing Law and Jurisdiction
The Website and these Consumer Terms and Conditions are governed by the laws of United Kingdom. If you wish to bring a legal claim against us, you must do so within the United Kingdom (and English courts shall have the exclusive jurisdiction for your legal claim). If you live in England and Wales, the laws of England shall apply; if you live in Scotland, then Scottish law shall apply; if you live in Northern Ireland, then Northern Irish law shall apply. The previous sentence applies to all non-contractual relationships between you and us.