GIFT CARD TERMS AND CONDITIONS OF USE.
1. Introduction
These Terms and Conditions of Use apply to all Gift Cards issued by Mix and Co. ABN 99 821 128 087.
YOUR PURCHASE, REDEMPTION OR ATTEMPTED REDEMPTION OF A GIFT CARD CONSTITUTES YOUR ACCEPTANCE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE AND AGREEMENT TO OUR PRIVACY POLICY (SEE PARAGRAPH 8).
This document contains the full set of terms and conditions governing your use of the Gift Card. We recommend that you read this document carefully before using the Gift Card. If you have any complaints, questions or would like more information about your Gift Card, please call 03 5562 6433, visit the website www.mixandco.com or see in-store.
Expiry: Mix and Co. Gift Cards expire 1 year after the date of issue unless otherwise indicated on the Gift Card. See paragraph 4.
2. Definitions
"Mix" means Mix and Co. ABN 99 821 128 087 of 146 Liebig Street Warrnambool, Victoria, 3280.
"Gift Card" means the gift card that you have purchased or received.
"Remaining Gift Card Value" means, at any time, that portion of the initial value loaded onto your Gift Card which is unspent which and can be accessed by using the Gift Card in accordance with these Terms of Use.
A reference to "we" or "us" is a reference to Mix and Co.
A reference to "you" or "your" is a reference to the person who is in possession of the Gift Card at the relevant time for the purposes of these Terms of Use and Conditions, or who authorises another person to do something with or to the Gift Card on their behalf.
1. Gift Card Redemption & Exclusions
1.1 Redemption
Except for the exclusions listed in paragraph 1.2 (Exclusions) below, once loaded with value your Gift Card may be redeemed for purchases at all Mix and Co. stores and online.
1.2 Exclusions
The following are the exclusions applicable to the redemption of your Gift Card:
a. all purchasers made via phone, facsimile or email (including Mix and Co. Hampers and myfind.com);
b. account payments;
c. Gift Cards cannot be used to purchase Gift Cards;
You agree that you will not use your Gift Card to purchase goods or services that a retailer is not permitted to supply to you (for example, a retailer cannot by law sell alcohol to you if you are under 18 years of age).
2. How to purchase your Gift Card
2.1 In store Gift Card purchases
Purchase the Gift Card from our point of sale operator. Check that the Gift Card has not been used previously of the Gift Card has not been tampered with. If it has been tampered with give the Gift Card to our point of sale operator to be destroyed and select a new one.
Nominate the value you wish to be loaded on the Gift Card. A minimum of $5.00 and a maximum of $500.00 can be loaded on each Gift Card.
Pay for your Gift Card value with the tender of your choice (other than a Gift Card). The transaction will be completed when the Gift Card is activated and loaded with value.
Your Gift Card activated upon payment and there is no delay in being able to use the card.
3. Using your Gift Card
3.1 Making a purchase with your Gift Card
Present your Gift Card at the point of sale at our store with the merchandise that you wish to purchase using that Gift Card. Our point of sale operator will scan your Gift Card. The transaction will be completed and the balance reduced on your Gift Card.
No change will be given for any Remaining Gift Card Value. The Remaining Gift Card Value may be used in whole or part against future purchases until the Gift Card expires.
You agree that we can reduce the Remaining Gift Card Value by the value of all purchases of goods and services that are authorised by you.
When you authorise a transaction you are agreeing to pay the amount of that transaction by the reduction of the Remaining Gift Card Value.
3.2 Purchases exceeding the Remaining Gift Card Value
Your Gift Card may only be used to make purchases up to the initial Gift Card value or the Remaining Gift Card Value. If you wish to make a purchase for an amount that exceeds the Gift Card value or the Remaining Gift Card Value, you must pay the excess using another payment method.
3.3 Exchanging items purchased with a Gift Card
Goods that are purchased solely, or in part with a Gift Card may be exchanged or returned subject to our exchange and returns policy.
Our exchange and returns policy includes the right for us to issue a store credit instead of other tender, cash, Gift Cards or discount.
3.4 Issue with goods or services purchased with a Gift Card
If you have an issue with any goods or services that you purchased with a Gift Card you should contact the our store.
3.5 No cash advances
Gift Cards are not legal tender, account cards, credit or debit cards or securities. You cannot obtain any cash advance with your Gift Card, redeem your Gift Card for cash or receive any portion of the Remaining Gift Card Value in cash.
3.6 Checking your Gift Card balance, expiry date and transaction history
You will not be sent statements of transactions on a Gift Card. You can check your Gift Card balance and expiry date at any time by calling us on 03 5562 6433 or visiting us. For balance enquiries by phone you may be asked additional security questions.
3.7 Can I exchange my Gift Card?
You cannot exchange your Gift Card for a different denomination or type of Gift Card or for another tender, cash or discount.
3.8 Can I purchase a gift card using a gift card?
Gift Cards cannot be used to purchase another gift card.
3.9 Destruction of Gift Card with no value
If the remaining gift card value is zero your gift card cannot be reloaded. Our point of sale operator may destroy your expended gift card or you must destroy it by cutting it in half diagonally.
4. Expiry, cancellation and re-issue of Gift Cards
4.1 Expiry of Gift Cards
Your gift card will be valid for use for 3 years from the date of issue (or as otherwise amended by us) after such time it will be invalid. You should use all of the remaining gift card value before the expiry date, after the expiry date unused value will become the property of Mix and Co.
4.2 Cancellation and voiding of Gift Cards
a. Gift Cards cannot be cancelled once they are issued except if voided, if their value is used or if they expire.
b. We reserve the right to void any Gift Card that appears to have been defaced, mutilated, altered or tampered with in any way and Mix and Co. may subject Gift Cards to a verification process.
c. We reserve the right to cancel any Gift Card, for any reason at any time without notice. In such instances (except those set out in paragraph b) we will elect to provide a refund or a replacement Gift Card.
d. We reserve the right to correct the balance of your Gift Card if we believe that a clerical or accounting error has occurred.
4.3 Re-issue of faulty or damaged Gift Cards
A re-issue of faulty or damaged Gift Cards is not available unless the fault or damage to the Gift Card is proven to be a result of the production process or otherwise due to the fault of us or our agents or contractors.
5. Lost or stolen Gift Cards
Treat your Gift Card like cash. Lost or stolen Gift Cards will not be replaced or refunded. The bearer of the Gift Card will be taken to be the owner of the Gift Card.
6. Your Gift Card, your responsibility
You are responsible for the use and safety of your Gift Card. You are liable for all transactions on your Gift Card, except to the extent to which there has been fraud or negligence by us.
7. Changes to Terms and Conditions of Use
We reserve the right to change any of the terms contained in these Terms and Conditions of Use at any time where the change is required for any reason. We are not obliged to provide you with notice of the changes. Terms and conditions are available form www.mixandco.com.
8. Privacy and confidentiality
Our Privacy Policy explains how we handle the personal information that we may collect from you with respect to Gift Cards. If you do not have a copy and are unable to access the notice online at www.mixandco.com please call 03 5562 6433 for a copy.
A copy of the Mix and Co. Privacy Policy is available at www.mixandco.com
It is important that you read and understand our Privacy Policy.
9. Errors and complaints
If you have reason to believe that an error has occurred in relation to your Gift Card, you should call 03 5562 6433.
10. Limitation of liability
You have certain rights under the Australian consumer legislation which cannot be excluded and are not affected by these terms and conditions. Except for those statutory rights, any conditions implied by any other laws are excluded from these Terms and Conditions of use. To the maximum extent permitted by law, we will not be liable to you for any loss or damage (whether direct, indirect or consequential) howsoever caused, nor will we be in default under these Terms and Conditions of Use, for failure to observe or perform any of our obligations under these Terms of Use for any reason or cause except if caused by our gross negligence. To the extent permitted by law, if we are liable to you, our maximum aggregate liability to you is limited to the Remaining Gift Card Value on your Gift Card.
11. Applicable law
These Terms and Conditions of Use are to be construed and enforced in accordance with the laws of Victoria, Australia. Any dispute in connection with a Gift Card is exclusively subject to the jurisdiction of the courts of Victoria, Australia (including the Federal Court of Australia, Victoria Registry).