Sale Terms and Conditions
V1 - November 2018
This website ("Site") is operated by MyIdeals Limited ("we", "our" or "us"), registered in Scotland under company number SC609804, with a registered office at 4 Roseburn Terrace, Edinburgh, EH12 6AW.
These Terms and Conditions are outlined as follows:
Part 1 - General Terms and Conditions (also applicable to Part 2)
Part 2 - Vouchers
These Terms and Conditions should be read carefully before ordering on the Site. By placing an order on the Site, you warrant that you have read and understood, and agree to be bound by these Terms and Conditions.
The following definitions apply in these Terms and Conditions:
“Deal” shall mean a special price offer made available to MyIdeals customers through the purchase of a Voucher on the Site;
"Deal Page" shall mean the page on the Site which provides information on a Deal, including details of the Merchant and the Voucher Product offered by the Merchant;
"Expiry Date" shall mean the date specified on a Voucher after which the Voucher is no longer redeemable;
"Fine Print" shall mean terms and conditions relating to the supply of the Voucher Product and redemption of the Voucher as set out on the Deal Page under the headings "Fine Print" and “The Deal” including, but not limited to, the Merchant’s Terms and Conditions;
"Merchant" shall mean a third party provider of a product and/or services;
"Merchant’s Terms and Conditions" shall mean terms and conditions issued by the Merchant in relation to the supply of the Voucher Product;
"Voucher" shall mean a voucher issued by MyIdeals, which, when presented to the Merchant prior to the Voucher Expiry Date, shall entitle the Voucher Holder to receive the Voucher Product from the Merchant.
“Voucher Cancellation Period” shall mean the 14 calendar days following the day you receive the Voucher, during which you have the right to cancel your Voucher Contract;
"Voucher Contract" shall mean the contract formed between you and MyIdeals when a voucher is issued to you by MyIdeals;
“Voucher Holder” shall mean an individual who purchased the Voucher from MyIdeals or an individual to whom they gifted the Voucher to;
"Voucher Product" shall mean the product and/or services which are offered by a Merchant;
“Voucher Price” shall mean the price at which a Voucher will be issued on the.
Part 1 - General Terms and Conditions applicable to Part 1 and Part 2
1.1 Your Status
As a condition of placing an order on the Site, you warrant that: (i) you are at least 18 years old; (ii) you are legally capable of entering into a binding obligation; (iii) you are resident of the UK and are accessing the Site in the UK
1.3.1 By using the Site, you accept that the main form of communication with us will be electronic. We will provide you with information via the Site or contact you by e-mail. Pertinent laws require that some of the communications we send to you should be written. You agree to this electronic form of communication and you accept that all contracts, information and other communications that we send or provide to you electronically fulfil the legal requirement that such communications be in writing.
1.4.1 If you would like to make a complaint, you can contact us via our "Contact Us" form on the Site (at www.myideals.co.uk/contacts/). Please select ‘I would like to make a complaint’ from the drop down menu and complete all required fields of the form.
1.4.2 Our target timescale to provide an initial response to all complaints is 7 days.
1.4.3 In the case that you are unsatisfied with how we have handled a complaint; you may submit a dispute for online resolution to the European Commission Online Dispute Resolution. This platform enables you to make a complaint and have it resolved by an independent dispute resolution body. Full details on this service can be found via the platform.
1.5.1 We hold no liability for the Voucher Product and/or any other products and/or services for which a Voucher can be redeemed at a Merchant. The Merchant holds sole liability to you for all Voucher Products and/or any goods and/or services which the Merchant provides to you
1.5.2. Whilst our Site is monitored and any viruses are addressed promptly, we do not guarantee that the Site will be error free, free from viruses and/or available for use at all times.
1.5.3 This clause 1.5 does not include or limit in any way our liability: (i) for death or personal injury caused by our negligence; (ii) for fraud or fraudulent misrepresentation; (iii) for any matter for which it would be unlawful for us to exclude, or attempt to exclude our liability; (iv) under section 2(3) of the Consumer Protection Act 1987.
1.5.4 Subject to clause 1.5.3 MyIdeals’ total liability in respect of any loss or damage you suffer as a result of us breaking these terms and conditions shall not exceed the amount you paid for the applicable Voucher
1.5.5. Subject to clause 1.5.3, and to the maximum permissible extent under applicable law, we will not be liable for losses that result from our failure to comply with these terms and conditions where such losses fall into one or more of the following categories even if such losses result from our deliberate breach: (i) loss of income or revenue; (ii) loss of profits; (iii) loss of business; (iv) loss of estimated savings; (v) loss of data; (vi) mismanagement or loss of staff time; or (vii) indirect, special or consequential loss.
1.6. Force Majeure
1.6.1 MyIdeals shall be excused from performance under these Terms and Conditions for any failure to perform, or delay in performance of any of our obligations, or those of a Merchant, that is a result of an event or a series of events beyond our reasonable control, including but not limited to: weather conditions, elements of nature or acts of God; acts of war, terrorism, insurrection, civil disorders, riots or rebellion; embargoes or quarantines; labor strikes; failure, error or disruption of computer hardware, networks or software.
1.7.1 A waiver shall only be effective when it is explicitly stated to be a waiver and is communicated to you in writing.
1.7.2 If we, at any time do not insist upon performance of any of your obligations or if we fail to enforce any of the rights to which we are permitted, this shall not constitute a waiver of such rights and shall not relieve you from fulfilment of such obligations.
1.7.3 A waiver by us of any default shall not constitute a waiver of any subsequent default.
If any part or provision of these Terms and Conditions is found to be unlawful or unenforceable, this shall not affect the validity of any other part or provision.
1.9. Entire Agreement
1.9.1 These Terms and Conditions and any document specifically referred to in them represent the entire agreement and understanding between you and MyIdeals and supersede all prior agreement, understanding or arrangement between you and MyIdeals with respect to the subject matter, whether oral or in writing.
1.10 Law and Jurisdiction
1.10.1 These Terms and Conditions are governed by Scottish law. Any dispute arising from, or related to these or to any Voucher contract shall be subject to the exclusive jurisdiction of the courts of Scotland.
Part 2 – Vouchers
Vouchers are issued by MyIdeals, for redemption at third party Merchants. Such transactions are governed by the Terms and Conditions set out in this Part 2.
Vouchers are subject to their own terms and conditions as outlined in the Fine Print. By placing an order through the Site, you confirm that you agree to and will abide by the Fine Print. In the event of a conflict between Terms and Conditions and the Fine Print, the Fine Print will predominate.
2.1. Voucher Contract
2.1.1 After you have placed an order for a Voucher, you may receive an e-receipt from MyIdeals or our payment processor confirming that your order has been received. Receipt of this email does not signify that your order has been accepted even if your payment may have been processed, as your order only constitutes an offer to us to purchase a Voucher. The Voucher Contract between us will only be formed when we issue the Voucher to you.
2.1.2 MyIdeals reserve the right to change, amend, substitute, or remove any information relating to a Voucher advertised on the Site at any time before the formation of a Voucher Contract.
2.2. Voucher Price
2.2.1 The price of a Voucher will be as stated on the Site, inclusive of VAT (if applicable), with the exception of cases of obvious error as outlined in clause 2.2.2. Any Merchant surcharges or delivery charges will be as stated in the Fine Print.
2.2.2 There is always a possibility that a Voucher listed on the Site may be incorrectly priced in error. In such cases, we are under no obligation to issue any Voucher to you at the incorrect price. Additionally, Merchants are under no obligation to accept any issued Voucher if the pricing error was obvious and could have reasonably been recognised by you as such. In such cases, a full refund of the price you paid for the Voucher will be issued to you.
2.3. Voucher and Voucher Products
2.3.1 MyIdeals will issue the Voucher to you. The Voucher will detail the Merchant’s details and the Voucher Product and details of how to redeem the Voucher with the Merchant.
2.3.2 In order to redeem a voucher, you must present it to the Merchant before the Expiry Date stated on the Voucher.
2.3.3 After the Expiry Date the Voucher will be void and the Merchant will not provide the Voucher Product.
2.3.4 Unless expressly stated otherwise: (i) the Voucher can only be redeemed once; and (ii) the Voucher is valid for one person only;
2.3.5 The Voucher Product is provided by the Merchant named on the Voucher in accordance with clause 2.3.1. The Merchant has a legal duty to supply the Voucher Product in accordance with the Fine Print. The Merchant is solely responsible for: (i) supplying the Voucher Product to you; and (ii) the Voucher Product.
2.3.6 If you have any complaint in relation to the Voucher Product this should be directed to the Merchant directly, and not MyIdeals.
2.3.7 Unless expressly stated otherwise, the Voucher does not entitle you to receive the Voucher Product from the Merchant at a specific time. Contacting the Merchant as early as possible to give you the best chance of securing your preferred time for the supply and/or provision of the Voucher Product is recommended. MyIdeals cannot influence the timing of the supply and/or provision of the Voucher Product.
2.3.8 Reproduction, sale, resale or trade of a Voucher is strictly prohibited and failure to comply with this clause may result in your Voucher being cancelled.
2.3.9 Neither MyIdeals nor the Merchant hold any responsibility for Vouchers which are lost or stolen.
2.3.10 It is at the discretion of the Merchant whether to accept a Voucher for an alternative service and/or goods to the Voucher Product, provided that, where a Voucher is redeemed at a Merchant for an alternative service and/or goods, there is no entitlement to a refund or a credit if such service and/or goods received have a value which is less than the Voucher's stated face value.
2.3.11 It is at the discretion of the Merchant whether a Voucher can be combined with any other voucher or promotion, on redemption of the Voucher at the Merchant.
2.3.12 Except where expressly stated, Vouchers can only be redeemed in their entirety and cannot be redeemed in part.
2.4. Cancellations and Refunds
2.4.1 You have the right to cancel your Voucher Contract within 14 calendar days from the day you receive the Voucher (the Voucher Cancellation Period). If however you redeem your Voucher during this Voucher Cancellation period, you expressly request the services to begin being provided to you, and you acknowledge that you lose the right to cancel your Voucher Contract. If you cancel during the Voucher Cancellation Period, you will receive a full refund of the price paid for the Voucher.
2.4.2 If you wish to cancel your Voucher Contract, you must inform us via the “Contact Us” form on the Site (www.myideals.co.uk/contacts), providing a clear statement in the ‘My Message’ field, following the format of the standard template detailed below. Please select ‘I would like to request a refund’ from the drop down menu and complete all required fields of the form. You must destroy all copies of the relevant Voucher, whether in paper or electronic form. If you fail to comply with this obligation and/or attempt to redeem a cancelled Voucher, we may have a right of action against you for compensation.
Standard cancellation template:
Dear: MyIdeals Limited
I herein give notice that I wish to cancel our Contract of Sale of the Voucher for the following service/goods: [insert deal name] Ordered on: [insert date]; Name of Customer: [insert name]; Address of Customer: [insert address]; Email Address of Customer: Date: [insert date]
2.4.3 In the event of you cancelling the Voucher Contract in accordance with clause 2.4.2 then we will refund the full amount you paid for the Voucher to you within 14 days of the cancellation made by the same payment method originally used by you to pay for your purchase.
2.4.4 You will not have the right to cancel a Voucher Contract if the Voucher has passed its Expiry Date or if the Voucher has already been redeemed.
2.4.5 In the event that the Merchant is unable to provide the Voucher Product as specified on your Voucher, and the 14 day Voucher Cancellation Period has elapsed, a MyIdeals Gift Credit (equal to the amount you paid for the Voucher) can be issued upon request.