- General Information
1.1 These Terms of Sale apply to every Voucher you purchase from Ablenet.
1.2 Ablenet means Ablenet Limited, an English company, with its registered office at PO Box 679, Macclesfield, SK10 9PN. Ablenet’s registration number is 10152268.
1.3 Voucher means an instrument, in either physical or electronic form, which entitles the holder of such Voucher (the “Voucher Holder”) to either receive the Merchant Offering from the Merchant or the Ablenet Shop Goods from Ablenet Shop during the period of time stated on the Voucher (the “Redemption Period”).
1.4 The Merchant Offering shall mean the goods and/or services to be supplied and/or provided by the Merchant to the Voucher Holder, as specified on Ablenet’s Site and on the Voucher.
1.5 The Merchant is a third party unrelated to Ablenet that sells, supplies and/or provides the Merchant Offering. Ablenet does not sell, supply and/or provide the Merchant Offering. It only sells and supplies the Voucher.
1.6 Ablenet Shop Ltd. (“Ablenet Shop”) is a new company which is an affiliate company of Ablenet that sells and supplies various products (the “Ablenet Shop Goods”). Ablenet does not sell or supply the Ablenet Shop Goods. It only sells and supplies the Voucher.
1.7 These Terms of Sale were last updated on 2.9.2015 (version 001). Ablenet 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.
- Purchase of a Voucher
2.1 You must be at least 18 years old to purchase a Voucher. Before you can make a purchase you need to register and create an account with Ablenet.
2.2 By clicking on the “Buy Now” button you submit an offer to Ablenet to buy the Voucher. However, the purchase of the Voucher is not complete until you receive an email from Ablenet confirming acceptance of your offer. Ablenet expressly reserves the right to reject your offer. In addition, even if Ablenet 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 Ablenet, Ablenet Shop, an affiliated third party of Ablenet or the Merchant.
2.3 The Merchant and Ablenet Shop may have their own terms and conditions applicable to the sale, supply and/or provision of the Merchant Offering or of the Ablenet Shop Goods.
- Redemption of a Voucher
3.1 Unless expressly stated otherwise:
(a) the Voucher can only be redeemed once;
(b) the Voucher can only be redeemed with the Merchant or with Ablenet Shop and not with Ablenet;
(c) the Voucher is valid for one person only; and
(d) you must follow the redemption instructions associated with the Voucher when you redeem the Voucher with the Merchant or with Ablenet Shop.
3.2 All Vouchers sold by Ablenet are multi-purpose Vouchers which can be redeemed with either the Merchant or Ablenet Shop.
3.3 In order to redeem a Voucher you must present it to the Merchant 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.
3.4 If you decide to redeem the Voucher with Ablenet Shop you must do so within 7 calendar days after the receipt of the confirmation email. Redemption at Ablenet Shop is for Ablenet Shop Goods worth the amount you paid for the Voucher and not for the original (un-discounted) value of the Merchant Offering. If you do not redeem the Voucher with Ablenet Shop within the 7 calendar days, the Voucher can only be redeemed with the Merchant.
3.5 In the event that a Merchant Offering on the Ablenet Site is a “Direct Checkout” deal, Ablenet will collect your shipping details at the time of purchase. Ablenet will then pass these details to the Merchant on your behalf. The Merchant will then process the redemption of your Voucher and dispatch the Merchant Offering to you.
3.6 Unless expressly stated otherwise, the Voucher does not entitle the Voucher Holder to receive the Merchant Offering at a specific time. You are strongly recommended to contact the Merchant 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 Merchant Offering. Ablenet cannot influence the supply and/or provision of the Merchant Offering.
3.7 If you redeem the Voucher for goods and/or services other than the Merchant Offering, you will not be entitled to a credit, cash refund or new Voucher for the difference between the value of the Merchant Offering and the actual value of the goods and/or services supplied and/or provided by the Merchant to you.
3.8 Vouchers are redeemable in their entirety only. They may not be redeemed partially or incrementally. If, for whatever reason, you redeem the Voucher with a Merchant or with Ablenet Shop for less than the original (un-discounted) value of the Merchant 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.
3.9 On behalf of the Merchant, Ablenet may collect booking fees or other costs associated with the purchase and/or redemption of a Voucher. All such fees or costs (if any) will be communicated to you before you purchase the Voucher.
3.10 In the event that a Merchant cannot supply and/or provide the Merchant Offering as described for unforeseen reasons, Ablenet will notify you as soon as possible by email. Ablenet will offer you either a new voucher with comparable benefits (if available) or the repayment of the purchase price of the Voucher.
- Use of a Voucher
4.1 Any purchase of a Voucher is for your non-commercial, personal use only (although you may give the Voucher to someone else for their non-commercial, personal use).
4.2 Your Voucher is solely your responsibility. Neither Ablenet nor the Merchant or Ablenet Shop are responsible for lost or stolen Vouchers or for retrieving Voucher reference numbers or Voucher security codes.
4.3 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.
4.4 Any attempt to redeem a Voucher contrary to these Terms of Sale may render a Voucher void at Ablenet’s discretion.
4.5 The reproduction of a Voucher is prohibited.
4.6 The commercial trade of a Voucher is prohibited.
- 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”). However, if you redeem your Voucher during the Voucher Cancellation Period, you expressly request Ablenet to begin providing the services to you, and you acknowledge that you lose your right to cancel the purchase of the Voucher. Since Ablenet is not responsible for the supply or provision of the Merchant Offering, once your Voucher is redeemed Ablenet has completed its services to you in full. Please note that, for the avoidance of doubt, this section also applies to all “Direct Checkout” deals.
5.2 If you want to cancel your purchase of a Voucher you can do so in any of the following ways:
5.2.1 by filling out and submitting the cancellation form by requesting here contact.
5.2.2 by calling the customer service team at 08445 610677
5.2.3 by contacting us at http://www.Ablenet.co.uk/contact; or
5.2.4 by writing us at the address mentioned in section 1.2.
5.3 If you cancel your purchase of the Voucher in accordance with this section 5, Ablenet will refund you for all payments made as part of your purchase within 14 calendar days from the day on which you informed Ablenet about your cancellation.
5.4 If you have been unable to redeem your Voucher with the Merchant or Ablenet Shop before the expiry of the Redemption Period through no fault of your own, you may be entitled to a refund. In order to receive a refund, you must prove to Ablenet’s reasonable satisfaction that your inability to redeem the Voucher was not your fault. The decision to grant a refund is within the sole discretion of Ablenet.
5.5 If you redeem your Voucher, but the Merchant or Ablenet Shop has not properly provided you with the Merchant Offering or the Ablenet Shop Goods, or if you have a complaint regarding the provision of the Merchant Offering or the Ablenet Shop Goods, you must take action against the Merchant or Ablenet Shop directly. This is because the Merchant or Ablenet Shop, and not Ablenet, is responsible for the supply and/or provision of the Merchant Offering or Ablenet Shop Goods. Ablenet only sells and supplies the Voucher. However, if you and the Merchant or Ablenet Shop cannot agree on how to resolve the complaint, Ablenet may, upon your request, try to help resolve the issue between you and the Merchant or Ablenet Shop.
5.6 Unless you expressly inform Ablenet in advance not to, any refund in cash will be refunded to you via your original method of payment. If your originalmethod of payment has been cancelled, expired or has otherwise changed, you must inform the customer support team immediately at http://www.Ablenet.co.uk/contact. If you fail to do this and you are refunded to your original method of payment, you may need to coordinate with your bank or your payment services provider to obtain your refund. Ablenet will not provide more than one refund.
5.7 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 Ablenet related to, arising out of, or connected to that Voucher.
- Responsibility for the Merchant Offering
6.1 Please note that the Merchant or Ablenet Shop, and not Ablenet, is:
6.1.1 the seller, supplier and/or provider of the Merchant Offering or the Ablenet Shop Goods;
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 Merchant Offering or the Ablenet Shop Goods and for the Merchant Offering or the Ablenet Shop Goods themselves.
- Ablenet’s Standards of Services and Liability
7.1 Ablenet 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 Ablenet is always liable for: (a) death and personal injury caused by Ablenet’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, Ablenet 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 Ablenet does not promise the completeness, fitness for purpose or legality of the Merchant Offering or the Ablenet Shop Goods. Ablenet is not responsible for the quality, safety, usability or any other aspect of the Merchant Offering or the Ablenet Shop Goods.
7.5 Ablenet 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, Ablenet’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.
- Ablenet’s Site
9.1 If you breach these Terms of Sale and Ablenet takes no action against you this does not mean that Ablenet has waived its rights and remedies with regard to your breach. Ablenet may still take action or exercise its rights and remedies for that action, or any other situation, where you breach your obligations under these Terms of Sale.
9.2 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 Ablenet for the purpose of legal process) or by pre-paid post. Any notice Ablenet sends to you will be to the address you supplied to Ablenet when you registered for your Ablenet account. You can send any notice to Ablenet at the registered office address as set out in section 1.2.
9.3 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.
9.4 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.