Terms & Conditions

Delivery Information & Terms and Conditions

Acceptance

When you purchase and/or use a Voucher from MyGift.ie, you become legally bound by these terms and conditions. If you have any queries, please contact us at [email protected] and we will be happy to assist.

Making a purchase

We at MyGift.ie allow our users to browse and select an activity from Gift Suppliers listed on the MyGift.ie website and to send a Voucher for the activity to a Recipient. Recipients of Vouchers can then use these Vouchers to participate in the chosen activity or swap it for a different Voucher on the MyGift.ie website. MyGift.ie is happy to include a relevant message with Voucher. Unless the user indicates otherwise, your use of MyGift.ie constitutes your agreement to MyGift.ie contacting you via email for purposes MyGift.ie deems appropriate.

Voucher validity

Unless stated otherwise on the Voucher, Vouchers are valid for a period of twelve (12) months from the purchase date. Please check the season of any intended activity, as this may be shorter than the Voucher validity. You must book and complete your activity prior to the expiry date.

Refunds & returns

MyGift.ie is happy to accept returns within 28 days of purchase. However, returns and exchanges are not available if you have extended your Voucher, used or booked your Voucher or if the date of the request is after the Voucher expiry date. No interest will be paid on the amount refunded.

Exchanging (Swapping) Vouchers on MyGift.ie

If you or your recipient are not satisfied with the gift Voucher you purchased, you may exchange it for an alternative Voucher from our range.

If the activity is of a greater cost than the Voucher previously purchased, then the difference must be paid by you. If the new activity is of a lower cost than the Voucher that has already been purchased, no refund shall be given.

Once an activity has been booked, it cannot under any circumstances be exchanged or refunded. Only one exchange is permitted. Exchanged Vouchers are non-refundable.

Prices

Gift Suppliers are obligated not to charge MyGift.ie users prices that are greater than their normal prices unless they run a promotion. MyGift.ie reserves the right to change gift Vouchers’ prices without notice, provided we inform you before the activity is booked. Vouchers will not be issued until payment is collected in full.

Lost Gift Vouchers

If MyGift.ie gift voucher is received and subsequently lost, the recipient may be eligible to have a replacement voucher emailed to them.

Here are the conditions for replacement of lost MyGift.ie Vouchers:

• The Voucher is still valid and has not yet been exchanged or used.
• Proof of purchase is provided in the form of an order number, purchaser's full name or purchaser's email address.
• MyGift.ie is able verify that you are the original recipient.

Please note it is the Voucher recipient's responsibility to obtain and provide MyGift.ie with all required verification details. Failure to do so will mean no replacement Voucher can be issued.

Gift Voucher Delivery and packaging

We now offer two types of Voucher delivery methods:

• Voucher by email (e-Voucher) – Free of Charge - Personalised gift voucher sent to the email address of your choice.
• Voucher by post - Personalised gift voucher printed stylishly and sent by post to the address of your choice (via An Post).

If you choose the Voucher by post option, it will be sent by standard post on the day of order if you order before 2.00pm. Orders received after this time will be posted on the next working day.

We will endeavour to deliver the gift vouchers to you within 1-3 working days of your order within Ireland, where this is practical. The cost of gift packaging and postage is €2 inclusive.

Your e-Voucher can be printed at the time of order and presented straight away to the lucky recipient.

Gift Suppliers

New Gift Suppliers must apply for membership and be accepted by MyGift.ie and each Gift Supplier must sign terms and conditions that contractually guarantee Gift Supplier service performance as described in this document.

MyGift.ie liability

The following provisions set out MyGift.ie's entire liability (including any liability for the acts and omissions of its employees, agents or sub-contractors) to you in respect to: (i) any breach of the contractual obligations arising under this Agreement; and (ii) any representations, statements or tortuous act or omission (including negligence) arising under or in connection with this Agreement; ("Event of Default"). This Agreement does not prejudice the statutory rights that Irish law provides to you as a consumer.

MyGift.ie has an extensive range of Gift Suppliers across Ireland. Although great care is taken in choosing our Gift Suppliers and venues, MyGift.ie cannot guarantee the safety standards or satisfactory performance of any Gift Supplier, nor can MyGift.ie accept responsibility for any loss or damage suffered by a participant whilst participating in the experience for which the Gift Supplier is solely responsible.

MyGift.ie shall not be liable, and shall not otherwise be deemed to be in breach of this Agreement, for any failure to perform (or delay in performing) any of its obligations hereunder caused by circumstances beyond its reasonable control.

MyGift.ie does not guarantee that the Site will operate error-free or that the Site and its servers are free of computer viruses and other harmful elements. If your use of the site or the content results in the need for servicing or replacing equipment or data, MyGift.ie is not responsible for those costs.

The Site and Material are provided on an "as is" basis without any warranties of any kind. MyGift.ie and its suppliers, to the fullest extent permitted by law, disclaim all conditions and warranties, express or implied including any terms as to merchantability and fitness for particular purpose. MyGift.ie and its suppliers make no guarantees about the accuracy, reliability, completeness, or timeliness of the material, services, software, text, graphics or links. In particular, MyGift.ie does not warrant that the use of the Material by you will not infringe third party rights.

MyGift.ie accepts no responsibility or liability for any losses, costs, or expenses of whatsoever nature, consequential or otherwise, which arise from use of the Service, and/or from use of any products or services purchased or received through the Service. This limitation of liability also applies in the event of a Gift Supplier who, for whatever reason, ceases to trade while performing the Service.

Where MyGift.ie liability cannot be excluded, such liability is limited to the value of the Gift Voucher purchased.

Disclaimer of Consequential Damages

In no event shall MyGift.ie, its suppliers, or any third parties mentioned at the website be liable for any damages whatsoever (including, without limitation, incidental, special and consequential damages, lost profits, lost goodwill or damages resulting from lost data or business interruption) resulting from the use or inability to use the website or arising from the use, repair, service or maintenance of any equipment, whether based on statute, contract, tort, or any other legal cause, and whether or not MyGift.ie is advised of the possibility of such damages.

User Obligations

You as our user agree that any information provided by you will be true, accurate, current and complete and confirm that you are the authorised holder of any credit/debit card you may use on the website. You agree to notify us immediately of any changes to any information you have submitted to the website and to be available for delivery and to take delivery of any products ordered by you from the website.

Expectations

Customer reviews and ratings displayed on the MyGift.ie web site are from members who have elected to post a review on the MyGift.ie website. As such, these reviews and ratings are intended to be informative for those wishing to use them, but they do not guarantee any level of performance by us, a "service provider" or other third party.

The images used to illustrate tangible gifts, lifestyle options and experiences, particularly those that take place at more than one location, are used as an indication only. The vehicles, craft, machines, animals and settings at each Supplier’s location vary.

Complaints

MyGift.ie has taken great care in choosing quality Gift Suppliers. If you have a problem or complaint on the day, please bring it to the attention of the Gift Supplier on the day or as soon as possible thereafter so that they have an opportunity to resolve the complaint. If you are unable to resolve the complaint, please write with your concerns to MyGift.ie at [email protected]. Generally, we consider it unreasonable if complaints are not first raised with the Gift Supplier to which the complaint is directed.

Fraud prevention

MyGift.ie endeavours to maintain the highest standards in preventing fraudulent actions on our service. We have security tools built into the System website and technology employed to detect criminal fraud on the Service. Some of the measures employed will affect the operation of the service for all of our users.

All of our users are deemed to agree in assisting in the prevention of any fraud by undertaking the following measures in use of the service:

• Not disclosing usernames or passwords to third parties and not leaving their PC unattended while using the service. Immediately notify MyGift.ie of any suspicious or unauthorised use of customer password or account
• Validating their identity by producing photo ID when using vouchers at Gift Suppliers’ sites
• Immediately reporting to MyGift.ie any suspicious activity or any other breach of security that comes to his/her attention in relation to the MyGift.ie service
• Reacting to any security notifications issued by MyGift.ie

If your activity is cancelled or changed

If your activity is cancelled, we will tell you as soon as possible and do our best to offer an alternative date or location. If specific celebrities or vehicles are featured but are not available on the day for reasons beyond our control, we will try to find the best possible replacement. If this is not possible, we reserve the right to cancel your activity at short notice and re-book you. We reserve the right to reschedule the timings or location of any activity owing to unavailability of the activity, insufficient numbers making the activity unavailable, and other factors beyond our control.

We reserve the right to discontinue an activity, venue, or individual Supplier at our own discretion. We will endeavour to offer a suitable alternative activity of the same value; however, if we cannot, we will refund your Voucher in full. If you decide to book a different activity and the price of that activity exceeds the face value of your Voucher, you will need to pay the difference. We cannot cover the difference if the face value of your selected Voucher is lower than that of the previous voucher.

We also reserve the right to make minor changes to your activity as may be required by our Suppliers. Examples of minor changes include car specification or order of activities on a particular day.

Contact details given to the Suppliers

It is your responsibility to ensure that you enter your email address and other contact details correctly when you complete the Voucher purchasing process on a MyGift.ie website. Failure to do so may result in loss or incorrect delivery of the email confirmation of your purchase and the Voucher itself.

Booking cancellations

Once you have confirmed your booking date with the Supplier, you are bound by their terms and conditions regarding cancellations or changes. It is not possible to change the booking unless the Supplier agrees to the change.

Sometimes the Supplier may need to cancel the experience at short notice for reasons beyond their control, such as adverse weather conditions, illness or mechanical breakdowns. Therefore, we strongly recommend that you contact the Supplier on the day before you depart for your activity. We regret that in the event of cancellation, MyGift.ie is unable to reimburse travel, accommodation or any other expenses you may incur in relation to the cancelled experience.

Weather

Many activities promoted on MyGift.ie are dependent on the weather; we strongly advise you to call and check with the Supplier whether the weather conditions are suitable for the booked activity. If your activity is cancelled because of the weather, you will be able to rebook. In the event of cancellation, MyGift.ie will not be held liable for the cost of lost insurance premiums, travel expenses, pre-booked accommodation costs or any other costs incurred.

Insurance

Some of the experiences contained within the MyGift.ie website and in its promotional material have an element of risk attached to them.

Our Suppliers have their own insurance. We advise all of our users to view this insurance and to consider taking out their own insurance before participating in an activity.

Activity locations

The MyGift.ie network of Suppliers includes many of the Ireland’s best locations. We are always adding to the locations we offer, but we may occasionally need to withdraw locations featured here for reasons beyond our control.

If your preferred location is withdrawn, you will be offered alternative locations wherever possible. Please note this is likely to be at a different location or with a different Supplier. Otherwise you will be offered the opportunity to swap your voucher or get a full refund for the gift. Where locations are called ‘country wide’, locations may be limited in some areas. Each Supplier has its own terms and conditions (available upon request) and your participation is conditional on your acceptance of these.

Activity session lengths

Session lengths are approximate, vary from Supplier to Supplier and are given simply as an indication of the time you will spend on the activity. Unless stated otherwise, you will usually be taking turns with other people and there may be some waiting time involved. We give itineraries as a guide only and the running order of an activity may change.

Restrictions on participating in Activities

Many activities have restrictions (such as age, height, weight, physical and medical limitations) that may vary from Supplier to Supplier, so please check these before purchasing a Voucher. Details of these restrictions are available on our website or can be provided on request.

If the person who is to go on the activity has any doubts about his or her medical fitness, her or she should consult a doctor before booking the activity.

It is your responsibility to ensure that you select an activity appropriate for the intended recipient and it is the responsibility of the recipient to confirm that the activity is suitable prior to booking.

MyGift.ie shall not refund any Voucher if the recipient (activity participant) cannot comply with a supplier’s restrictions and is turned away from the Supplier’s site.

Promotional Offers

From time to time, MyGift.ie offers promotional discounts and special offers ('Promotional Offers' and 'Promotional Codes'). Promotional Codes should be entered during the checkout process when prompted and applied using the 'Apply' button. By redeeming any MyGift.ie Promotional Code, you agree to accept and comply with all of the following terms and conditions of use:

• Only one valid promotional discount or discount code can be applied per order and it can only be used if a discount has not already been applied. Codes may be subject to promotion specific terms, conditions and validity periods and may be withdrawn without notice at any time. We reserve the right to restrict their use against certain gift Vouchers, charges, order channels or order values.
• To receive the discount or special offer, the Promotional Discount Code must be entered into the designated field in the shopping cart. Otherwise your discount will not be applied.
• A Promotional Code must be used before the designated expiry date.

MyGift.ie reserves the right to verify the validity of Promotional Code use at any time. If there has been or we have reason to believe there has been any unauthorised use we will immediately terminate the validity of your Promotional Code.

MyGift.ie reserves the right to remove any Promotional Code or Promotional Offer without notice at any time.

Intellectual Property

The text and illustrations (including photographs) used by MyGift.ie are protected by copyright and must not be copied in whole or in part without the permission of MyGift.ie.

Gift Suppliers’ Published Information

MyGift.ie Gift Suppliers are solely responsible for the accuracy, legality and copyright of all information in their profile on the website and agree to keep all information in their profile up-to-date, including contact details, descriptions, prices, gift availability and photo images. Gift Suppliers indemnify MyGift.ie against any inaccuracies, illegalities or breach of copyright of images and information posted on the website in the Suppliers’ profiles.

Data Protection

MyGift.ie conforms to the provisions of the Data Protection Acts 1988 and 2003 concerning the storage and use of customers’ personal information. MyGift.ie publishes its full Privacy Policy on http://www.mygift.ie/terms-conditions

Cookies policy and IP addresses

We may collect information about your computer, including, where available ,your IP address, operating system and browser type for system administration. This is statistical data about our users’ browsing actions and patterns and does not identify any individual. We will not collect personal information in this way. We may obtain information about your general internet usage by using a cookie file that is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive. They help us to improve our site and to deliver better and more personalised service. They enable us to estimate our audience size and usage pattern, to store information about your preferences and to customise our site according to your individual interests, to speed up your searches and to recognise you when you return to our site. You may refuse to accept cookies by activating the setting on your browser. However, if you select this setting, you may be unable to access certain parts of our site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our site.

MyGift.ie Legal Entities

These Terms and Conditions shall be governed by the laws of Ireland. MyGift.ie website (www.mygift.ie) is owned and operated by WebTrust Development Ltd (Company No. 535398) herein referred to as "MyGift.ie". We reserve the right to change these terms and conditions without notice.