“TFG” means the seller of the Gift Cards, namely Foschini Retail Group (Pty) Ltd.
“you” and “your” means the Purchaser of the Gift Cards.
“Gift Cards” means the TFG Gift Cards that you purchase from TFG, which could be either an eGift Card or a hard plastic gift card.
“Intellectual Property” means any trademarks, trade names, brands, logos, designs, symbols, emblems, insignia, fascia, slogans, copyrights, know-how, information, materials, drawings, plans and other intellectual property of TFG, whether or not registered or capable of registration, and any other proprietary rights whatsoever owned by or available to TFG or adopted or designated now or at any time hereafter by TFG.
“eGift Cards” means electronic gift cards.
“Terms” means these terms and conditions.
By purchasing or using a Gift Card, you accept these Terms set out below between yourself and TFG.
- All orders for Gift Cards must be in writing, and signed in full by an authorised signatory, as set out below. All relevant information must be provided to TFG in order for the Gift Card purchase to proceed.
- TFG will invoice you for the Gift Cards that you purchase. Payment must be received by TFG within 30 days of date of the invoice. Payment must have cleared in TFG’s bank account before the Gift Cards will be delivered to you.
- After your payment has cleared, TFG will dispatch the Gift cards as follows:
- Plastic Gift Cards will be sent to you in an inactive state via courier to the address nominated by you on the order form. Once you receive the Gift Cards, you must notify TFG telephonically or via e-mail to activate the Gift Cards.
- eGift Cards will be sent to an e-mail address nominated by you on the order form, on a password protected excel spreadsheet. Once you have confirmed receipt of the email, the password will be sent to you via SMS, to the number indicated by you on the order form.
Risk in the Gift Cards will pass to you on activation of the Gift Cards by TFG.
- The Gift Cards are only redeemable in the country nominated by you on the order form. Gift Cards are only available in South Africa, Namibia and Zambia.
- eGift Cards can only be redeemed in South Africa, and not online in Namibia or Zambia.
- Plastic Gift Cards are not redeemable online.
- Gift Cards cannot be used to reduce an outstanding balance on a TFG account.
- Change for any value remaining on a Gift Card after redeeming it, will not be given.
- A Plastic Gift Card cannot be used to purchase an eGift Card and vice versa.
- Gift Card purchase and redemption transactions cannot be reversed.
- Gift Cards cannot be exchanged for cash.
- Any lost or stolen eGift Card codes will not be replaced. If any Plastic Gift Card is lost or stolen, it must be reported to TFG store or call Customer Services (see the TFG website for contact details). The relevant Gift Card will be blocked and will only be replaced if the value on the Gift Card has not yet been redeemed.
- All refunds of goods purchased with a Gift Card will be subject to TFG’s refund policy (refer to the TFG website). Any refunded amount will be credited to a Gift Card and will not be given in cash.
- In the event that a Gift Card is faulty, TFG must be notified of this immediately. TFG will cancel the faulty Gift Card and issue a replacement Gift Card.
- All Gift Cards that TFG sell to you will have a validity period of 3 (three) years from the date that TFG activates them. If they are not used within that period, or if there is any balance remaining on the Gift Card after that period, this amount will be forfeited.
- You will not without TFG’s prior written consent, make any announcements to any third party (including but not limited to the media) with regard to these Terms and/or your association with TFG. In the event that TFG gives its consent, you must also obtain TFG’s written approval of all material that you wish to publish that contains TFG’s Intellectual Property. You will not use or adopt any trade mark, trade name, trading style or commercial designations used by TFG, nor reformat, adapt, vary or modify TFG’s Intellectual Property, or do anything or allow any act to be done which will or is likely to prejudice the good name, reputation and business practice of TFG.
TFG will not be liable for any loss or damage resulting from your non-compliance with any of these terms and conditions and you indemnify TFG from any and all such claims, loss and damages without limitation. Notwithstanding anything to the contrary contained in these Terms, TFG shall be liable for and hereby indemnifies and holds you harmless against any claim, loss or damage suffered by you directly or indirectly arising out of a breach by TFG of any applicable law.
- The Parties warrant and undertake to in favour of each other, that they will comply with all legislation and laws applicable to the sale of the Gift Cards and that the Parties will at all times exercise good faith in their dealings with each other.
- The Parties cannot cede, assign, transfer, make over or delegate any of their obligations in terms hereof without the prior written consent of the other Party, which consent such Party may withhold in its sole and absolute discretion.
- TFG reserves the right not to sell the Gift Cards to a company or individual.
You may not purchase the Gift Cards with the sole purpose to resell to the public.
No alteration, cancellation, variation of, or addition to these terms and conditions shall be of any force or effect unless reduced to writing and signed by both you and TFG or duly authorised representatives.
- If either Party fail to comply in any respect with these Terms, the other Party will be entitled to take any legal action that it deems necessary.
- If either Party is prevented, whether in whole or in part, or delayed from performing any of its duties, functions or obligations in terms hereof, whether timeously or at all, as a result of or arising from any contingency beyond its control, the obligation to perform shall be suspended to the extent and during the continuance of such prevention.
- These Terms contains the entire agreement and neither Party will be bound by any undertakings, representations, warranties, promises or the like not recorded in these Terms.