Givex Terms and Conditions – for Gift Card Orders
LAST MODIFIED: 11th October 2021
Merchant or “Whole Foods Market”: Fresh & Wild Limited
Merchant of Record: Givex UK Corporation Limited
The Merchant’s plastic gift cards or other form of physical gift card, electronic gift card, and/or e-certificates (and the reloading of additional value to the gift cards) (collectively, the “Gift Cards”) available for sale on this website are sold and distributed by Givex UK Corporation Limited (referred to as, “Givex”, “we”, “us”, or “Merchant of Record”). This agreement (these “Terms and Conditions”) between you and Givex governs your purchase of the Gift Cards on this website.
The agreement governing your ownership and use of the Gift Cards, which is the Merchant’s Terms and Conditions, is between you and the Merchant.
By accessing this website and by purchasing a Gift Card on this website, you agree to be bound by these Terms and Conditions.
Changes to these Terms and Conditions
Givex may modify or update these Terms and Conditions to communicate changes at any time in its sole discretion. When we make changes to these Terms and Conditions, we will modify the “Last Modified” date above. Our changes will become effective immediately upon posting. Givex encourages you to visit the Terms and Conditions frequently to stay informed.
Placing a Gift Card order on this website
By placing a Gift Card order on this website, you acknowledge and agree that:
- you are providing your information to Givex;
- Givex will process your order;
- Givex is entitled to verify and authenticate your payment information, and if it is unable to do so, Givex may contact you and/or your credit card issuer to confirm your identity and/or your intent to place the order; and
- you shall not purchase a Gift Card or provide any information to Givex on this website if you are under the age of majority in the country in which you reside without your parent or legal guardian providing consent to Givex.
This website is not directed at or targeted to children. Only a person who is the age of majority in the jurisdiction where he or she resides and who can form legally binding contracts under applicable law (or a parent or legal guardian of a minor who authorizes the minor to purchase the Gift Card) may purchase a Gift Card. By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in the jurisdiction where you live, or that you are at least the age of majority in the jurisdiction where you live and you have given us your consent to allow any of your minor dependents to use this website.
You may opt for one-time payment for loading and/or re-loading value to your Gift Card(s). You may purchase Gift Cards in a single transaction, series of transactions, and any number of Gift Cards, including bulk purchase. The maximum amount that may be loaded to a Gift Card is £500.
All orders of Gift Cards are subject to a process that verifies information provided by you for credit card authorization and fraud prevention. In order to purchase a Gift Card, you will need to provide certain information to Givex and/or Merchant, including credit card and related payment and billing information. Givex may request further information to validate the transaction. In providing such information, you warrant that all information provided by you is current, complete, and accurate. If there is a discrepancy, your Gift Card order may be delayed or held until the information can be verified. If the information cannot be adequately verified, your order may be cancelled at the discretion of Givex or Merchant.
If the date you selected for delivery of your Gift Card has passed and you have not received confirmation that the Gift Card was sent, please contact Merchant’s Customer Support. Please have on hand your reference number or be ready to provide your email address. Givex and Merchant are not responsible for Gift Cards that are undeliverable or not received due to your failure to enter an accurate email address (or shipping address, if applicable) or other relevant delivery information for you, other people, or entities (“Recipients”). If plastic Gift Cards are offered by the Merchant and fulfilled by Givex, validated orders for plastic Gift Cards will be processed and shipped within 48 hours of order placement (excluding orders that have been placed after 5:00pm Local Time on Fridays until 8:30am Local Time Monday, which will be shipped within 48 hours of 8:30am Local Time Monday).
When you use a credit card for payment, the charges to your account for your order will be accompanied by a reference to “Givex” and the Merchant.
All sales are final. You may not return, cancel, or redeem for cash any Gift Card after it is purchased, unless otherwise permitted by applicable law. Gift Cards may not be resold, transferred for value or applied to any other account.
Risk of Loss
Gift Cards have monetary value and should be protected accordingly. Gift Cards will not be replaced nor will they be refunded if lost or stolen. The risk of loss and title for a Gift Card passes to you (or the Recipient of the Gift Card) upon sale. Neither Givex nor Merchant is responsible if a Gift Card is lost, stolen, destroyed or used without your (or your Recipient’s) permission. Givex and Merchant are unable to refund any balance spent on a stolen Gift Card. Funds on the Gift Card are not covered by the Financial Services Compensation Scheme or the Financial Ombudsmen Service. In the unlikely event that either Givex or Merchant becomes insolvent, some funds on the Gift Card may not be available to spend.
Stolen or Compromised Gift Cards
If you suspect that your Gift Card has been copied, stolen, or compromised in any way, please contact Givex’s Customer Support. Compromised Gift Cards will not be replaced without your express confirmation. Subject to confirmation by Givex or the Merchant, the remaining balance on a compromised Gift Card may be re-issued on a new Gift Card.
Chargebacks, Fraud Prevention and Void Transactions
For your protection, Givex and/or Merchant may use various fraud prevention protocols and policies, and industry-standard verification systems, in an effort to reduce fraud and minimize chargeback risks. You must comply with such protocols and policies, including card authentication, and “ship to” and “bill to” address verification. Once an order is placed, you may not change any authenticated payment information or any verified “ship to”/“bill to” address. If there is a systemic error which results in the processing or acceptance of a transaction for which authorization has been declined, that transaction will be void. Merchant has the right to close any Gift Card accounts and may request alternative forms of payment if Merchant believes such Gift Cards have been fraudulently obtained. In general, and in the interest of protecting you from fraud, Merchant recommends that you do not purchase discounted Gift Cards from third party resellers, including online resellers who are not authorized resellers.
Givex Customer Support
Inquiries about your Gift Card order may be directed to Merchant by contacting Merchant Customer Support at email@example.com. Please have on hand your reference number or be ready to provide your email address.
Use of Gift Cards.
Your use of any Gift Cards is subject to Merchant’s UK Gift Card(s) Terms and Conditions found here. You may also review Merchant’s FAQ page on Gift Card use found here. Internet email Any unprotected email communication over the internet is, as with communication via any other medium (e.g., cellular phones, airmail), not secure, subject to possible interception or loss, and is also subject to possible alteration. Neither Givex nor Merchant is responsible for and will not be liable to you or anyone else for any damages or losses in connection with email sent by you to Givex or Merchant or email sent by Givex or Merchant to you over the internet at your request or concerning your purchase.
Not for Promotional Use.
Gift Cards may be used as personal or business gifts, but may not be used in connection with any marketing, advertising or other promotional activities (including without limitation via websites, internet advertisements, email, telemarketing, direct mail, newspaper or magazine advertisements, and radio and television broadcasts) unless you obtain Merchant’s prior written approval. Such approval shall be conditioned on, among other things, execution of and compliance with Merchant’s gift card license agreement. If you are ordering Gift Cards in bulk or are interested in using the Gift Cards for any promotional purpose, please call your local Whole Foods Market store. From time to time, Merchant may issue or award “rewards”, “promotional gift cards”, “credits”, “vouchers”, or similar physical or electronic gift cards (collectively, “Promotional Cards”). Generally, these Promotional Cards have the same terms and conditions as described in Merchant’s UK Gift Card(s) Terms and Conditions found here, however, they may have expiration dates, delayed activation dates or may be subject to additional restrictions or exemptions as provided on the Promotional Cards themselves or any packaging or other written materials that accompany such Promotional Cards or any applicable law.
Links from or to websites outside of this website are meant for convenience only. Givex or Merchant does not review, endorse, approve, or control, and is not responsible for any websites linked from or to this website, the content of those websites, the third parties named therein, or their products and services. Linking to any other website is at your sole risk and Givex and Merchant, and their respective parents, affiliates and subsidiaries will not be responsible or liable to you or anyone for any damages or losses in connection with such linking. Links to downloadable software websites are for convenience only and Givex and Merchant, and their respective parents, affiliates and subsidiaries are not responsible or liable for any difficulties or consequences associated with downloading any software. Use of any downloaded software is governed by the terms of the license agreement, if any, that accompanies or is provided with the software.
Disclaimers of Warranties and Limitation of Liability
GIVEX AND MERCHANT PROVIDE THE SERVICES ON THIS WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, GIVEX AND MERCHANT AND THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AND AFFILIATES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO GIFT CARDS, GIVEX’S OR MERCHANT’S SERVICES ON THIS WEBSITE, INFORMATION OR CONTENT DISPLAYED ON OR ACCESSIBLE VIA THIS WEBSITE, OR THE MERCHANT’S GIFT CARD PROGRAM, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY EXPRESSED OR IMPLIED REPRESENTATION OR WARRANTY OF MERCHANTABILITY, DURABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. GIVEX AND MERCHANT AND THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, VENDORS OR SUPPLIERS WILL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR PURCHASE OR YOUR USE OR INABILITY TO USE THE GIFT CARD. IN THE EVENT THAT GIVEX OR MERCHANT IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS CONNECTED WITH YOUR USE OF THIS WEBSITE, GIVEX’S OR MERCHANT’S SERVICES, OR ANY PRODUCT PURCHASED ON THIS WEBSITE THROUGH GIVEX OR MERCHANT, GIVEX’S AND MERCHANT’S AGGREGATE LIABILITY SHALL NOT EXCEED THE TOTAL VALUE OF THE APPLICABLE PURCHASE GIVING RISE TO SUCH CLAIM.
IF A GIFT CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY (AND THE GIVEX’S SOLE LIABILITY) SHALL BE THE REPLACEMENT OF SUCH GIFT CARD TO THE VERIFIED REMAINING BALANCE OF SUCH GIFT CARD. GIVEX AND MERCHANT SHALL BEAR NO LIABILITY FOR THE REPLACEMENT OF ANY GIFT CARD FOR ANY REASON WHATSOEVER.
IF THE MERCHANT OR GIVEX BECOMES INSOLVENT, MAKES A GENERAL ASSIGNMENT FOR THE BENEFIT OF CREDITORS, FILES A VOLUNTARY PETITION OF BANKRUPTCY, SUFFERS OR PERMITS THE APPOINTMENT OF A RECEIVER FOR ITS BUSINESS OR ASSETS, BECOMES SUBJECT TO ANY PROCEEDINGS UNDER ANY BANKRUPTCY OR INSOLVENCY LAW, WHETHER DOMESTIC OR FOREIGN, OR HAS WOUND UP OR LIQUIDATED, VOLUNTARILY OR OTHERWISE, ANY OUTSTANDING GIFT CARD BALANCES WILL BE REDEEMABLE ONLY AT THE DISCRETION OF AND TO THE EXTENT DEEMED APPROPRIATE BY THE MERCHANT’S TRUSTEES OR APPOINTED LIQUIDATORS. IRRESPECTIVE OF THE MERCHANT’S OR GIVEX’S CIRCUMSTANCES OR THE CIRCUMSTANCES OF THE MERCHANT’S TRUSTEES OR OTHER APPOINTED REPRESENTATIVES, UNDER NO EVENT SHALL GIVEX OR MERCHANT BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR THE VALUE OR OUTSTANDING OR REMAINING BALANCE OF ANY GIFT CARDS.
THIS WEBSITE IS MADE ACCESSIBLE ON AN "AS IS" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
Acknowledgement and Exclusion by Law in Certain Jurisdictions
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold harmless the Givex, its parent, subsidiaries, affiliates and their respective directors, officers, employees, agents, successors and assigns from and against all claims and expenses, including attorneys' fees, arising out of your use of this website.
All content on the Site, including in the checkout process, such as software, object code, source code, text, graphics, logos, button icons, images, audio clips, and digital downloads, is the property of Givex, the Merchant, or their respective licensors, as may be applicable, and is protected by United Kingdom and international intellectual property laws. All designs, graphics, logos, page headers, button icons, scripts, and service names are trademarks or registered trademarks of the Givex or the Merchant, as may be applicable, in the United Kingdom and/or other countries. Such trademarks may not be used without the prior written authorization of Givex or the Merchant, as may be applicable.
No Endorsement or Affiliation with Givex.
Use of the “Givex” name, logo, trade dress or trademarks (or those of Givex’s parent, subsidiaries or affiliates) in connection with the purchase or use of the Gift Cards is strictly prohibited. Furthermore, the use of any Gift Cards purchased under this agreement in any manner that states or implies that any person, website, business, product or service is endorsed or sponsored by, or otherwise affiliated with, Givex or its parent, subsidiaries, or affiliates is prohibited.
No affiliation with Whole Foods Market.
Use of the “Whole Foods Market” name, logo, trade dress (including but not limited to any image/likeness of the Gift Cards) or trademarks (or those of Merchant’s subsidiaries or affiliates) in connection with the purchase or use of the Gift Cards is strictly prohibited. Furthermore, the use of Gift Cards in any manner that states or implies that any person, website, business, product or service is endorsed or sponsored by, or otherwise affiliated with, Whole Foods Market, Merchant or their affiliates is prohibited.
Your emails and messages
If Givex deems any email or message provided by you is inappropriate, offensive, or otherwise objectionable, your order may be delayed or cancelled at the sole discretion of Givex.
Compliance with Applicable Laws
You certify that any Gift Cards purchased on this website will not be exported, sold, or transferred in violation of any applicable laws.
When you place an order on this website, you are communicating with Givex and/or Merchant electronically, and you consent to entering into these Terms and Conditions by electronic means, and to receive communications from Givex and/or Merchant electronically, including by email.
If any term or portion of these Terms and Conditions is declared invalid, illegal or unenforceable by a court of competent jurisdiction, such invalid, illegal, or unenforceable term or portion shall be severed from these Terms and Conditions and will be ineffective only to the extent of such illegality, invalidity or unenforceability and shall not affect or impair the remaining terms of these Terms and Conditions.
These Terms and Conditions shall be governed by and will be interpreted pursuant to the laws of England and Wales. Any and all disputes, controversies or claims arising out of or in connection with your purchase of Gift Cards shall be adjudicated in the City of London.
Should you have any questions about these Terms and Conditions you may contact Givex and/or Merchant at:
Givex UK Corporation Limited, WeWork, Aviation House, 125 Kingsway, Holborn, London, United Kingdom WC2B 6NH
Attention: Regional Vice-President
Fresh & Wild Limited, 63 – 97 Kensington High Street, London, W8 5SE, United Kingdom, with a copy attention to the Legal Department