Hi, Log in
TreatMonster.com is a trading name of Sigmer Technologies Ltd and as a supplier of Experience Days, Vouchers, Gift Cards, Wines and Bouquet gifts we provide a service where all products displayed on this website are supplied by third parties and as such we have detailed each of the terms for each supplier.
Please choose the product category(s) you are purchasing:
Experience Days and Virgin Vouchers
Gift Cards & Love 2 Reward Vouchers
Contract
TreatMonster.com is a trading name of Sigmer Technologies Ltd and an affiliate for Acorne Plc. Once TreatMonster.com have received payment for your experience the contract for the experience is between you and Acorne Plc. The actual fulfilment of the experience will be by a third party operator. Acorne gift packs contain a voucher which is evidence of payment for, and entitlement to, a given experience or gift.
Each voucher carries a unique serial number, which must be quoted when dealing with Acorne and its experience operators. Vouchers and the associated references must be kept safely and securely. Acorne cannot accept responsibility for any loss you may incur as a result of voucher theft, impersonation or identity fraud. The voucher should be taken on the day of the experience and surrendered to the operator or alternatively sent to the operator if requested to secure the booking (we would recommend sending vouchers by secure mail as they are not replaceable if lost).
Availability
The recipient is free to book their preferred date within the validity period. Experiences are subject to availability and, in some cases, may be subject to weather conditions (if your experience is weather dependant we advise telephoning the centre before you set out to confirm that the event will take place). To avoid disappointment we recommend that customers book well in advance, at least 6-8 weeks for the majority of experiences. During peak periods it may be necessary to allow a longer notice period although some operators may occasionally be able to fit in a booking at short notice. We recommend booking as early as possible as you must have undertaken your experience before the expiry date printed on the front of your voucher. We strongly advise that you do not make any travel, accommodation or other arrangements until you have received confirmation of your booking from the experience operator.
Restrictions
Most vouchers are subject to restrictions, which are not imposed by Acorne Plc but are set by the individual experience providers. These could include (but are not limited to) age, height, weight, physical and medical restrictions, and may vary from centre to centre so please check before making your booking. Details of these restrictions are available on our website and contained in the voucher pack. It is your responsibility to ensure that you purchase a gift voucher appropriate for the intended recipient and it is the responsibility of the recipient to double check that the restrictions are not prohibitive. If you are unsure of the suitability please telephone our Experience Helpline and we will be happy to advise you.
Prices & Locations
All locations and prices are correct at the time of going to press but may change or be withdrawn for reasons beyond our control. For overseas experiences prices may fluctuate with exchange rates.
Orders
The placing of an order does not constitute the creation of a contract and TreatMonster.com or Acorne Plc reserves the right to decline to process an order for any reason whatsoever. If an order cannot be fulfilled for any reason, TreatMonster.com will promptly refund all monies. The placing of an order constitutes your acceptance of TreatMonster.com and Acorne Plc's Terms & Conditions of trading. For the protection of our customers, TreatMonster.com or Acorne Plc reserves the right to undertake additional security checks and if necessary delay despatch of the order.
V.A.T
Prices shown include V.A.T at rates applicable on the day of purchase.
Experience Descriptions, Formats and Durations
Details of experience description, format and timings given on the TreatMonster.com website and in any other literature are intended only to present a general idea of the experience, and shall not be considered binding. In particular, photographs are for illustrative purposes only and do not form part of any contract between you and Acorne Plc. As Acorne Plc offers experiences at a wide number of venues, details such as session lengths, itineries, equipment used and numbers of participants may vary from location to location. Most experiences will be “open” days meaning that other members of the public will be taking part too. This could mean taking your turn with other members of the public. Delays, curtailments and breakdowns are not within Acorne Plc's control and therefore we cannot be held liable if these should occur. Please note that we reserve the right to alter any part of the experience where such an alteration has been imposed by the operator. We cannot be held responsible for descriptions on any 3rd party or agent sites.
Vouchers
Acorne Plc vouchers are valuable documents and cannot be replaced if they are lost, damaged or stolen and are invalid if altered or tampered with. TreatMonster.com and Acorne Plc accept no liability in these circumstances.
Validity
Each Voucher is generally valid for a period of 9 months from date of purchase unless otherwise stated. Experiences must be booked and undertaken prior to the expiry date printed on the front of the voucher, otherwise the voucher will be deemed to be invalid and no liability will be accepted by TreatMonster.com and Acorne Plc.
Extensions
Most vouchers may be extended at Acorne Plc's absolute discretion for a period of 9 months upon payment of a £20.00 administration fee. This fee, along with the original voucher, must be returned to Acorne Plc for an extension to be processed. If the activity has increased in price, you will have to pay the difference between the old and the new price. Once a voucher has been extended it cannot be exchanged or refunded. Please note that expired vouchers, promotional vouchers, Marriott Vouchers, Sterling Gift Cheques, Options Vouchers, Multi-Choice Vouchers, Activation Cards and E-Cards cannot be extended under any circumstances.
Exchanges
A voucher may be exchanged for a different experience or gift, subject to the payment of any difference in price, and as long as a booking has not been made with an experience operator. If the chosen experience is of a lower value then no change will be given. The exchange must be made before the expiry date printed on the front of the voucher and the exchanged voucher will retain the same expiry date as the original. A voucher cannot be refunded once it has been exchanged.
Refunds
A full refund is available within 14 days of purchase for products purchased. A refund can only be made to the purchaser and if payment was originally made by credit/debit card the refund will be made to the same card. A refund cannot be given once a booking has been made or on extended, expired or exchanged vouchers. Refunds are not given for mailing, fulfilment and express carriage charges or personalised items.
Cash Value Gift Vouchers and Cards
All cash value vouchers and cards are non-refundable. Gift cards must be kept safe and treated as cash as the balance cannot be returned if lost or stolen. TreatMonster.com and Acorne Plc is not responsible for any unauthorised use of a cash voucher or gift card. Gift cards expire 12 months after date of purchase, and gifts or experiences must be chosen or booked within this timeframe as gift cards cannot be extended or refunded under any circumstances. Your gift card is not a credit, debit or cheque guarantee card. It cannot be exchanged for cash and no change will be given. (In the case of Sterling Gift Vouchers, any balance over £5.00 left after redemption will be reissued as another Sterling Gift Voucher.)
Options or Multi-Choice Vouchers.
These vouchers entitle the recipient to select an experience from the range applicable to the voucher. No change will be given if an experience of lesser value is selected. Options and Multi-Choice vouchers cannot be extended and an experience must be selected before the expiry date printed on the front of the Options or Multi-Choice voucher. Options and Multi-Choice vouchers cannot be redeemed with venues directly and must first be exchanged for the relevant experience voucher. The original Options or Multi-Choice voucher must be returned to Acorne Plc with your order form.
Experience Operators
Acorne Plc acts as an agent for selected operators whose products and services are represented within the TreatMonster website/s. Acorne Plc has contracted agreements with its operators regarding their standard of performance and, where appropriate, operators are registered with their relevant controlling or regulatory bodies. We have not, however, undertaken a detailed examination of all their equipment, facilities or systems, and shall not be responsible for the safety standards or the quality or delivery of the experience, or any loss or damage suffered by you whilst participating in the experience for which the operator shall be solely responsible.
Once a booking has been made with an experience operator the participant is bound by the Terms and Conditions of that operator. By purchasing or redeeming an Acorne Plc voucher you acknowledge that the experiences are dependent on certain factors beyond the control of TreatMonster.com and Acorne Plc and agree that TreatMonster.com and Acorne Plc is not liable for the cancellation, postponement or alteration of any experience for reasons beyond reasonable control (including but not limited to weather-related reasons, mechanical failure, location changes or otherwise). If mechanical breakdown should occur you should expect reasonable substitutions without notice. Please note that experiences and other products are subject to change without notice. This does not affect your statutory rights.
Spectators
Spectators are usually welcome but occasionally a centre may make a small charge to cover insurance and/or refreshments. Some venues may have restrictions on spectators due to safety regulations. Participants are advised to check with the centre when booking.
Cancellation by experience operators
If an experience is cancelled by the operator either before or on the day of the event due to circumstances beyond their control, the operator will arrange to re-book the participant at a mutually agreed time. TreatMonster.com and Acorne Plc cannot be held liable for any costs including (but not limited to) travel expenses or pre-booked accommodation costs incurred by the participant in the event of a cancellation by the operator, and TreatMonster.com and Acorne Plc's total liability for any claim in connection with an Acorne Plc experience voucher shall be limited to the price paid for the experience voucher.
Cancellation by participants
Once you make a booking with an experience operator you are bound by their terms and conditions. Make sure you understand their rules regarding changing or cancelling a booking (particularly at short notice) as a refund will not be offered in the case of infringement of these terms and conditions. Acorne Plc's Cancellation Indemnity policy may provide a replacement voucher in the event of cancellation by the participant owing to circumstances beyond their control.
Personal Accident Insurance
PA Insurance to the value of £50,000 is included at no extra charge with most vouchers purchased direct from TreatMonster.com website(s) (travel/holidays, food/drink and other tangible products are excluded). See ‘Evidence of Cover’ for further details.
Liability Cover
All UK and Eire experience operators contract with Acorne Plc to indemnify participating voucher holders against damage to equipment they use, and against liabilities to third parties, subject to limits and compliance with their rules, terms and conditions, which may vary between operators. Acorne Plc also hold cover, subject to terms and limits, for contingent liabilities arising at these operators' venues. Where experiences require overseas travel, the participant is strongly advised to take out additional specialist travel insurance.
Some experience operators may offer additional indemnities at an extra cost. Such indemnities are entirely optional and you are under no obligation to purchase them, as your entitlement to undertake the experience will not be affected if you choose not to accept an additional indemnity. Any additional indemnities purchased from an experience operator will be governed by that operator’s terms and conditions and do not form any part of your contract with TreatMonster.com or Acorne Plc.
Problems on the Day
We welcome your feedback on all of our experiences. If you encounter a problem on the day, please immediately bring it to the attention of the host or experience operator at the venue so that they have a chance to put matters right. If you have attempted resolution but the problem was not resolved on the day, please write to us within 1 week of your experience (providing your voucher reference, participant and venue details, including who you spoke to on the day) and we will be happy to take the matter up with the operator on your behalf. The address to write to is; Customer Services, Acorne Plc, Acorne House, 9 Lane End Business Park, Lane End, High Wycombe, Buckinghamshire, HP14 3BY. Please note that the operator will have the opportunity to investigate and respond.
Competition Prizes, Special Offers and Promotional Vouchers.
These vouchers may have restrictions including (but not limited to) dates and times of use, validity periods and experience content so please be sure to check these before purchasing and telephone our experience helpline if you are in any doubt. Competition Prizes, Special Offers and Promotional Vouchers cannot be refunded, exchanged or extended unless otherwise specified.
Discount Codes & Entitlements
TreatMonster.com and Acorne Plc reserves the right to exclude any product from discount schemes. Only one discount code may be used per order. Discounts apply to new orders only and cannot be used against exchanges, extensions, money on account, delivery and fulfilment charges or any other facility provided by TreatMonster.com and Acorne Plc. You may be required to provide evidence of your entitlement to any discount.
Third Parties and Re-Sale
A person who is not named on the face of the experience voucher or recorded as the purchaser with TreatMonster.com and Acorne Plc has no right under the Contracts (Rights of third Parties) Act 1999 to enforce any terms and conditions of booking. A voucher which has been re-sold (for example, through Internet auction sites or by any other means) without our prior consent will be considered invalid and neither TreatMonster.com or Acorne Plc nor any of its experience operators will be under any obligation to provide any service.
Despatch
TreatMonster.com and Acorne Plc cannot be held responsible for any goods damaged in the post or any postal delays.
These terms and conditions do not affect your statutory rights as a consumer, and are governed by and in accordance with English law. The purchaser and voucher recipient agree that any problems fall under the jurisdiction of the English courts. All the clauses and sub clauses in our terms and conditions are independent of each other. If one clause or sub clause is invalid or unenforceable, this will not affect any other clause or sub clause. These terms & conditions are subject to change
The details listed above are the terms and conditions applied to Acorne vouchers. Your statutory rights are not affected.
Dated: 1st April 2009 These supersede all previous terms and conditions
=====================================================================
Welcome to the TreatMonster.com website terms and conditions for use. These terms and conditions apply to the use of this website and by accessing this website and/or placing an order for Bouqets and Wines you agree to be bound by these terms and conditions. These terms and conditions do not affect your legal rights. If you do not agree to be bound by our terms and conditions, we regret that may not use or access this website. Before placing an order, please read our terms and conditions carefully as they contain important information. If you have any questions regarding our terms and conditions,
please contact Hortic Express Customer Services on 0845 1 22 44 66 (Option 2) during office hours or e.mail us at info@treatmonster.com
All calls to 0845 1 22 44 66 are charged at the local rate (BT users only, charges from other network providers may vary). All calls to Horticv Express are recorded for quality monitoring and training purposes.
“Terms and Conditions” means these Terms and Conditions
“Website” means the website located at www.TreatMonster.com
“Product” means a product displayed for sale on the website
“We/Us” means Hortic Express Limited
"TreatMonster.com" means a trading name of Sigmer Technologies Ltd
“Hortic Express” means Hortic Express Limited
“You” means a user of this website
“United Kingdom” means England, Wales, Scotland, Northern Ireland and the Channel Islands
“Working Day” means any Monday, Tuesday, Wednesday, Thursday or Friday excluding all Bank holidays and all Public holidays.
This site is owned and operated by TreatMonster a trading name of Sigmer Technologies Ltd.
Registered Office: The Bow House, Mill Lane, Liitle Hallingbury, Bishops Stortford, Herts, CM22 7QT.
Registration Number: 3935416 (England and Wales). Vat No: GB750 675 128.
If you have any comments or complaints on or about our service, please email us at info@treatmonster.com telephone us on 0845 1 22 44 66 (Option 2).
You are provided access to this Website only in accordance with these Terms and Conditions and any orders that you place must be placed strictly in accordance with these Terms and Conditions.
All rights, including copyright and intellectual property rights, in this website are owned by or licensed to TreatMonster.com. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of TreatMonster.com. You may not modify, distribute or re-post anything on this website for any purpose.
TreatMonster.com or Hortic Express reserve the right to modify these terms and conditions from time to time without prior notice. It is your responsibility to check our Terms and Conditions regularly to determine whether our Terms and Conditions have changed. Any changes will take effect on the date they are posted on this website. If you continue to use this website following any such change then you shall be deemed to have accepted the same. If at any time you do not agree with any change to our Terms and Conditions you must stop using our website immediately
TreatMonster reserve the right to withdraw, temporarily or permanently, this website (or any part of the same) with or without notice to you and you confirm that we shall not be liable to you or any third party for any such withdrawal
It is hereby expressly agreed that in the event of us being liable to you then our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the performance or contemplated performance of this Contract shall be limited to the price agreed for the Goods or the appropriate portion thereof and we shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (however caused) which arise out of or in connection with the Contract.
TreatMonster.com has taken every care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at time of publishing and all products have been fairly described. However, orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this website. All prices are displayed inclusive of VAT. Packaging may vary from that shown. The weights, dimensions and capacities where given are approximate. We have made every effort to display as accurately as possible the colours of our products that appear on the website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery. To the extent permitted by applicable law, TreatMonster.com and Hortic Express disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this website. TreatMonster.com and Hortic Express shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this website. Flowers may be delivered in bud to prolong their vase life. All products are subject to availability and in the event of supply difficulties we reserve the right to substitute stems of equivalent value. We will inform you as soon as possible if the goods you have ordered are not available.
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use or a false address or an address that you are not authorised to use.
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms and Conditions by you or any other liabilities arising out of your use of this Website
All prices displayed on this website are inclusive of VAT (where applicable) at the prevailing rate and are correct at the time of entering the information onto the website. The total cost of your order is the price of the Products ordered plus any applicable delivery charges
If you are paying by a credit or debit, you confirm that the card is yours and that you are entitled to use it. Every credit or debit card transaction is subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.
If you have supplied us with your email address, we will notify you by email as soon as possible to confirm receipt of your order. Our acceptance of your order will take place upon dispatch of the product(s) ordered.
TreatMonster.com or Hortic Express reserves the right to decline acceptance of your order if (but not limited to), (i) you fail to meet any eligibility requirements as set out in these Terms & Conditions, or (ii) the product that you ordered is unavailable from stock, or (iii) we are unable to obtain authorisation for your payment, or (iv) we identify an error in the pricing or product description.
We will require the full name and delivery address including valid postcode of the recipient. We cannot be held responsible for delayed orders, lost orders, or non-delivery if any of the address information supplied by you is incorrect. You are able to correct errors on your order up to the point at which you click the "Make Secure Online Payment" button on the final page of our ordering process.
We are unable to offer a refund or exchange on perishable goods (such as flowers, plants and food) unless they are faulty. You accept that the distance selling regulations do not apply. If you have made a mistake with your order or have changed your mind, we can amend or cancel your order if the order has not been despatched. We regret that we are unable to change or cancel an order after despatch.
For all other non-perishable products purchased from this site and under the distance selling regulations you do have the legal right to cancel your order within seven working days of receipt of the goods. You will only be able to exercise your right if you are able to return to us (at your own expense) the goods you ordered undamaged and in the same condition as the time of delivery. Goods should be returned to Hortic Express Ltd, Goose Chase, Moulton Seas End, Spalding, Lincolnshire, PE12 6LF.
TreatMonster.com and Hortic Express may offer for sale intoxicating liquor or products that contain intoxicating liquor. For clarity intoxicating liquor is defined as a drink containing more than 0.5% of alcohol by volume (0.5% abv). Pursuant to the Licensing Act 2003 it is an offence to purchase or attempt to purchase alcoholic liquor if you are under the age of 18 years, or liqueur confectionery if you are under the age of 16 years.
If your order includes the sale of liqueur confectionery, you confirm that you are over the age of 16 years and that you are buying the same for a person who is also over the age of 16 years.
If your order includes the sale of alcoholic liquor you confirm that you are over the age of 18 years and that you are buying the same for a person who is also over the age of 18 years.
TreatMonster.com and Hortic Express is committed to uphold both our legal and social obligations as a purveyor of intoxicating liquor and employ control measures throughout the purchase and distribution process. TreatMonster.com or Hortic Express reserves the right to confirm your date of birth and to deliver goods only to persons over the age of 18 years. In placing an order for intoxicating liquor or merchandise containing alcohol, you agree to provide TreatMonster.com and Hortic Express or its agents with truthful and accurate information and act in accordance with the Licensing Act 2003.
Persuant to the Licensing Act 2003, the sale of alcoholic beverages shall be supplied from the licenced premises located at Goose Chase, Moulton Seas End, Spalding Lincolnshire, PE12 6LF.
Please note that all confectionery products may contain nuts, nut traces or nut oils and are NOT suitable for nut allergy sufferers. All confectionery products are unsuitable for vegans.
The Gift Message Service is for your own personal and non-commercial use. You are entirely responsible for any text or other material that you post or send on this message system and TreatMonster.com and Hortic Express accepts no liability for any such content. You agree that any messages that you request us to send on your behalf to a third party will not contain anything that could be construed as, threatening, harassing, abusive, vulgar, obscene, defamatory, racist or that may cause embarrassment or distress to any person or be otherwise unlawful or objectionable. You agree that you will not impersonate any person.
We do not pre-screen messages, but may monitor the content from time to time. We reserve the right to refuse to send any message.
Standard deliveries will be made at any time Monday to Friday between 7am and 7pm. For Monday delivery, orders must be placed by 1pm the preceding Friday and goods will be dispatched on the Friday. There are no deliveries on Saturdays, Sundays or Bank Holidays. Any orders placed for delivery on these days will be re-scheduled without notice for the next available delivery day.
Delivery is to UK Mainland only, we regret that we are unable to deliver to Eire or the Channel Islands including some remote areas of Scotland.
For full details of the delivery areas and associated costs, please visit our website at www.TreatMonster.com
Please note that there are no deliveries on Saturdays, Sundays, Bank Holidays or Public Holidays including Christmas Day, Boxing Day, New Year's Day and Mother's Day (Mothering Sunday). TreatMonster.com regrets that it is not possible to deliver to Post Office (P.O.) boxes, shipping agent addresses or BFPO (British Forces Post Office) addresses and certain Scottish Islands. We are happy to accept orders from customers living in countries outside the United Kingdom provided that the delivery address for the order is within the United Kingdom Mainland only.
We realise that occasionally we may try to deliver an order and you (or the intended recipient) may not be at the delivery address. If this situation occurs we will attempt to leave the parcel with a neighbour or in a safe place (at the absolute discretion of delivery driver) at the premises. If your delivery is left in a safe place TreatMonster.com or Hortic Express shall not be liable to any person for any loss or damage which may arise thereafter, howsoever caused, If no safe place is available (at the absolute discretion of the delivery driver) a card will be left with a contact number for the recipient to call. They can either agree a convenient time for delivery or arrange to collect the parcel themselves from the courier's depot. Each time an attempt is made, our courier will leave a card at the delivery address confirming that they have tried to deliver. After two failed delivery attempts your parcel will be returned to Hortic Express. If your parcel is returned to us under these circumstances, no refund will be given. Once the returned goods are received at Hortic Express you will still be entitled to have the same goods in their original packaging rescheduled for delivery to the same address or an alternative address of your choice if you agree to pay the additional delivery charges.
You are advised that an increasing number of Hospitals will not permit flowers to be delivered to certain wards, especially Intensive Care and High Dependency wards. If you are ordering flowers for delivery to a hospital it is your responsibility to ensure that you first determine from the ward that flowers will be accepted. TreatMonster.com or Hortic Express will not accept any liability for non-delivery if a hospital ward refuses to accept the bouquet. Under these circumstances no refunds will be entertained.
Flowers sent to business addresses, including, schools, hospitals, military & office addresses may be delivered to a main reception or mailing room prior to internal distribution. TreatMonster.com and Hortic Express does not accept any liability for non-delivery where the working hours of the business are outside the standard delivery schedules of our couriers. We recommend the use of our ‘by noon’ delivery service to ensure delivery during ‘office’ hours.
Distribution damages or shortages must be notified within 24 hours of delivery, after which no claim shall be entertained.
Any disclaimers and exclusions of liability in these terms & conditions shall not apply to any damages arising from death or personal injury caused by the negligence of TreatMonster.com or Hortic Express or any of its employees or agents or fraud. These disclaimers and exclusions shall be governed by and construed in accordance with English Law. If any provisions of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision. Each provision of these Terms and Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstance.
There may be legal notices on other areas of this website which relate to your use of this website, all of which will, together with these terms & conditions govern your use of this website.
TreatMonster.com and Hortic Express are committed to providing a safe working environment. We will not tolerate any violent, abusive, intimidating or threatening behaviour towards our staff, our agents or any other person involved with our activities. We will actively support victims and take appropriate action against the perpetrators.
TreatMonster.com makes every effort to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it won't cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website and screen out anything that may damage it. TreatMonster.com shall not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
TreatMonster.com may provide links to other websites or resources for you to access. Access to such websites or resources is at your sole discretion. You acknowledge and agree that, as you chose to enter the linked website TreatMonster.com are not responsible for the availability of such external sites or resources. TreatMonster.com does not review or endorse and are not responsible or liable, directly or indirectly, for (i) the content of such websites or resources, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (ii) the privacy practices of such websites or resources, or (iii) the use to which others make of these websites or resources, or (iv) any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such websites or resources.
Unless otherwise specified, this website is directed solely at those who access this website from the United Kingdom. We make no representation that any products or services referred to on this website are appropriate for use, or available, in other locations. Those who choose to access this site from other locations are responsible for compliance with local laws if and to the extent local laws are applicable.
This website, any content contained herein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English Law. The parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
=============================================================
TreatMonster.com is a trading name of Sigmer Technologies Ltd and a supplier of Gift Cards and Love2Shop and Love2Travel vouchers for SVM Europe Ltd, High Street Vouchers Limited and/or Park Retail Limited. These conditions of supply of goods and services apply equally to SVM Europe Ltd, High Street Vouchers Limited and/or Park Retail Limited and govern all orders to and contracts with SVM Europe Ltd, High Street and/or Park Retail for the supply of Gift Cards, vouchers and/or services ("Gift Cards, Vouchers" and/or "Services respectively) and override any other terms or conditions stipulated, incorporated or referred to by the person, firm or company that has requested any Gift Cards, Vouchers and/or Services ("the Client").
The Gift Cards, Vouchers and/or Services shall be as described in the quote or acknowledgement of order issued by TreatMonster.com or as may be agreed [in writing] by TreatMonster.com. These Conditions, except where they are varied by TreatMonster.com in writing, are the only conditions upon which TreatMonster.com supplies Gift Cards, Vouchers and/or Services. No alteration or modification of these Conditions shall have effect unless such alteration or modification is accepted in writing by a duly authorised officer of TreatMonster.com.
a) Quotations issued by TreatMonster.com shall be available for acceptance for 12 months from the date of issue unless withdrawn by TreatMonster.com by written or oral notice to the Client.
b) All orders placed by the Client for Gift Cards, Vouchers and/or Services ("Orders") shall be deemed to be an offer and shall only be deemed accepted by TreatMonster.com upon the earlier of the issue of a written acceptance of order by TreatMonster.com or delivery of Gift Cards, Vouchers or provision of any Services.
c) Unless otherwise agreed, TreatMonster.com may modify the specification of Gift Cards, Vouchers and/or Services without notice. The Contract is not a contract for sale of goods by description. All and any descriptive matter, specifications and advertising issued by TreatMonster.com will not form part of the Contract is solely aimed at giving an approximate idea of the Gift Cards, Vouchers and/or Services described in them. In particular but without limit the identity and number of persons who are prepared to accept the Gift Cards or Vouchers as payment for goods and/or services may from time to time vary and this is specifically acknowledged and accepted by the Client.
d) Any Order accepted by TreatMonster.com may only be cancelled or varied by the Client with the prior written consent of TreatMonster.com and on terms that the Client shall indemnify TreatMonster.com in full against all losses (including loss of profit), costs, damages, charges and expenses incurred (directly or indirectly) by TreatMonster.com as a result of such cancellation or variation.
a) Prices shall be as set out in the quotation and/or acknowledgement issued by TreatMonster.com which (together with any prices set out in TreatMonster.com's price lists) are exclusive of any value added, purchase or other taxes but inclusive of reasonable costs of carriage to [addresses within the UK] provided that if the net price of the Clients order is less than £[1,000] then TreatMonster.com shall be entitled to charge a carriage and small order administration charge. Such taxes and costs shall be payable in addition to the price when the price is due.
b) The Contract price is based on information available, details of the Gift Cards, Vouchers and/or Services requested at the time of the quotation and on the assumption that the Client will comply with its obligations under the Contract. If such information, prices, costs, request or assumption changes prior to delivery of the Gift Cards, Vouchers and/or performance of the Services then TreatMonster.com reserves the right to amend the price accordingly.
a) Gift Cards and Vouchers will be delivered and Services provided at the time stated in TreatMonster.com's quotation or acknowledgement of order or if one is not issued as agreed by TreatMonster.com. Delivery/performance times are given in good faith but are an estimate only and are dependent upon receipt by TreatMonster.com of all necessary information from the Client. Time of delivery of Gift Cards and/or Vouchers and/or performance of Services is not of the essence. TreatMonster.com shall not be liable for any loss (including loss of profit), costs, damages, charges or expenses caused directly or indirectly by failure (for any reason) to meet the delivery time/date stated/agreed (even if caused by TreatMonster.com's own negligence).
b) Services will be provided and Gift Cards and/or Vouchers delivered as stated in TreatMonster.com's quotation or acknowledgement of order or if one is not issued as agreed by TreatMonster.com. Delivery shall be deemed to take place when the Gift Cards or Vouchers arrive at the place stated in TreatMonster.com's acknowledgement of order or if one is not issued at such place as is agreed by TreatMonster.com except that delivery to a carrier for the purpose of transmission to the Client shall be deemed to be delivery to the Client. TreatMonster.com shall make such arrangements for carriage of the Gift Cards or Vouchers and their insurance during carriage as it thinks appropriate.
c) TreatMonster.com Company may deliver Gift Cards and Vouchers in instalments and perform Services in sections in any sequence. Deliveries of further instalments and performance of further sections may be withheld until the Gift Cards, Voucher and/or Services comprised in earlier instalments and/or sections have been paid for in full. Default by TreatMonster.com, howsoever caused, in respect of one or more instalments shall not entitle the Client to terminate the relevant Contract as a whole.
d) If: the Client fails or refuses to accept delivery of any Gift Cards or Vouchers when they are ready for delivery in accordance with the relevant Order; or TreatMonster.com agrees (at it's sole discretion) to postpone delivery of the Gift Cards or Vouchers at the request of the Client; or the Client fails to provide any instructions consents or authorisations required to enable the Gift Cards and/or Vouchers to be delivered on the due date; then: risk in the Gift Cards and/or Vouchers shall pass to the Client, delivery of the Gift Cards and/or Vouchers shall be deemed to have taken place and TreatMonster.com may store or arrange for storage of such Gift Cards and/or Vouchers and charge the Client for all related costs and expenses (including storage, insurance and additional delivery costs). [If the Gift Cards and/or Vouchers have not been delivered within 14 days of such failure or refusal due to the Client's continuing failure and/or refusal then TreatMonster.com may sell such Gift Cards and/or Vouchers and charge the Client for any shortfall if the sale proceeds are below the Contract price.]
e) Upon delivery to the Client, all Gift Cards and/or Vouchers should be examined. TreatMonster.com shall not be liable for any shortages in, or non-delivery of, Gift Cards and/or Vouchers unless the same is notified by the Client to TreatMonster.com (together with all specific details) in writing within [10] days of the actual or anticipated date of delivery (as relevant). Subject to such notice being provided TreatMonster.com shall, if it is satisfied that any Gift Cards and/or Vouchers have not been delivered and the cause thereof being beyond the reasonable control of TreatMonster.com, at its sole discretion, either arrange for delivery as soon as reasonably possible or give credit to the Client for such Gift Cards and/or Vouchers.
a) Subject to Condition 3.d), risk of damage to or loss of the Gift Cards and/or Vouchers shall pass to the Client upon delivery.
b) Title to the Gift Cards and/or Vouchers (both legal and equitable) shall remain with TreatMonster.com until full payment with cleared funds of all monies due from the Client to TreatMonster.com under all contracts between TreatMonster.com and the Client has been made, or title is properly vested in some other person by the operation of any statute.
c) Until title to the Gift Cards and/or Vouchers passes, the Client shall hold the Gift Cards and/or Vouchers on a fiduciary basis as TreatMonster.com's bailee and must store the Gift Cards and/or Vouchers (at no cost to TreatMonster.com) such that they are easily identifiable as the property of TreatMonster.com and must not destroy or deface any identifying marks on the Gift Cards and/or Vouchers or their packaging; and must keep the Gift Cards and/or Vouchers insured on TreatMonster.com's behalf for the full price of the Gift Cards and/or Vouchers against "all risks" to the reasonable satisfaction of TreatMonster.com and produce the policy of insurance to TreatMonster.com upon request and must hold all proceeds of such insurance on trust for TreatMonster.com and shall not mingle them with any other money nor pay the proceeds into an overdrawn bank account.
d) Until title to the Gift Cards and/or Vouchers passes, the Client shall be entitled to re-sell, use or otherwise dispose of the Gift Cards and/or Vouchers in the ordinary course of its business provided that the Client shall ensure that the entire proceeds arising by virtue of any such sale, use or disposal shall be held in trust for TreatMonster.com and shall not be mixed with any other monies or paid into any other overdrawn bank account and shall at all times be identifiable as monies belonging to TreatMonster.com.
e) Once payment becomes due, TreatMonster.com may while the owner of the Gift Cards and/or Vouchers (without prejudice to its other rights) demand the immediate return of the Gift Cards and/or Vouchers at any time and the Client must comply with (and bear the cost of) such demand immediately. If the Client fails to return such Gift Cards and/or Vouchers, TreatMonster.com or its successors in title, and their respective employees and agents, may enter the Client's premises (with or without vehicles) during normal business hours to remove the Gift Cards and/or Vouchers (the cost of which shall be borne by the Client) and/or may sell or otherwise deal with the Gift Cards and/or Vouchers.
a) TreatMonster.com may invoice the Client for the Gift Cards and/or Vouchers and/or Services at any time on/or after delivery of the Gift Cards and/or Vouchers to a carrier for onward transmission to the Client or to a third party as notified by the Client.
b) Clients who have been granted by TreatMonster.com (in its sole discretion) a credit account facility shall pay the Contract within 14 days of the date of invoice. TreatMonster.com may (in its sole discretion) amend the terms of or withdraw such credit account facility at any time without notice with immediate effect and upon such withdrawal all amounts due or accruing to TreatMonster.com (under the Contract or otherwise) shall become immediately payable notwithstanding any other Condition.
c) Clients who have not been granted a credit account facility shall pay the Contract price at the same time as placing an Order.
d) Payment shall only be deemed received by TreatMonster.com from the Client upon receipt by TreatMonster.com of cleared funds. Payment shall be made in full without any deduction, set off or abatement on any grounds. TreatMonster.com may appropriate any payment made by the Client to any outstanding invoice.
e) Time for payment by the Client of the price and all other amounts due under the Contract shall be of the essence. If the Client fails to make payment on the due date then TreatMonster.com may without prejudice to its other rights be entitled to:
i) cancel the Contract, suspend any further deliveries of the Gift Cards and/or Vouchers to the Client and/or performance of the Services;
ii) charge the Client interest on overdue amounts (before as well as after judgement) at the annual rate of 2% above the base lending rate of Barclays Bank plc from time to time until the overdue amounts are paid in full; and
iii) an indemnity from the Client against all expenses and legal costs incurred by TreatMonster.com in recovering overdue amounts and/or incurred as a result of cancellation or suspension of deliveries or performance.
a) TreatMonster.com warrants that all Gift Cards and/or Vouchers shall upon delivery be of satisfactory quality and that all Services shall be carried out with reasonable skill and care and all conditions, warranties or other terms whether express or implied, statutory or otherwise, inconsistent with this Condition 6.a), are hereby expressly excluded to the fullest extent permitted by law.
b) The warranty given in Condition 6.a) will not apply:
i) where the defect complained of arises from fair wear and tear, wilful damage, the Client's negligence, or misuse or alteration the Vouchers without TreatMonster.com's approval or any failure to follow TreatMonster.com's instructions (whether oral or in writing);
ii) if TreatMonster.com or its agents is not given a reasonable opportunity to safely inspect the Gift Cards and/or Vouchers and/or evidence of the defect in the Services; or
iii) if the total price for the Gift Cards and/or Vouchers and/or Services has not been paid.
c) The obligations of TreatMonster.com under the Contract are limited such that in the event of a breach by TreatMonster.com of the warranty in Condition 6.a) or any defect in any Gift Cards and/or Vouchers and/or Services TreatMonster.com shall only be obliged (and shall have no further liability in contract, negligence or otherwise for any defect in quality of the Gift Cards and/or Vouchers and/or Services) at its option either to credit the price (if already paid) attributable to the faulty Gift Cards and/or Vouchers and/or Services or replace the faulty Gift Cards and/or Vouchers and/or or reperform the Services provided that such Gift Cards and/or Vouchers unless otherwise agreed are returned to TreatMonster.com in their delivered state at the Client's expense within a reasonable time and in any event within 28 days of the defect becoming apparent.
a) Nothing in these Conditions shall exclude or limit the liability of TreatMonster.com for death or personal injury caused by TreatMonster.com's negligence or fraudulent misrepresentation.
b) TreatMonster.com shall not be liable to the Client in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof for any: (i)
economic loss of any kind whatsoever; (ii) loss of profit, business contracts, revenues or anticipated savings; (iii) damage to the Client's reputation or goodwill; (iv) loss resulting from any claim made by any third party, or (v) special, indirect or consequential loss or damage of any nature whatsoever.
c) Without prejudice to Condition 6.c), 7.a) and 7.b) TreatMonster.com's liability in contract tort, (including negligence or breach of statutory duty) or otherwise arising by reason of or in connection with the Contract shall be limited to the amount receivable by TreatMonster.com for the claim under its insurance policy covering such risks provided that nothing in this Condition shall oblige TreatMonster.com to obtain any insurance or claim upon any insurance which it holds. The Client acknowledges that delay in notifying any claim may prevent TreatMonster.com recovering any money under such policy.
In the event that TreatMonster.com is prevented or delayed in or from carrying out any of its obligations under the Contract as a result of any cause beyond its control such as but not limited to: acts of God; governmental intervention or restriction, import or export regulations; war; riots; strikes or trade disputes (including by and with TreatMonster.com's own employees); power failure; accidents; inadequate performance of, failure of computer systems; fire; flood; default of suppliers or sub-contractors, or breakdown of plant, machinery or vehicles then TreatMonster.com shall be relieved of its obligations and liabilities under the Contract for as along as such fulfilment is prevented.
a) TreatMonster.com shall have the right to apply any trade marks, trade names and/or service marks to the Gift Cards and/or Vouchers. The Client acknowledges that no rights are granted to the Client to use such trade marks, trade names and/or service marks unless otherwise agreed in writing with TreatMonster.com. The Client shall not deface, remove or obliterate any trade marks, trade names or logos applied by TreatMonster.com on or in relation to the Gift Cards and/or Vouchers.
b) The Client shall keep confidential and not use, without the prior written consent of TreatMonster.com, all or any information supplied by TreatMonster.com to the Client or disclosed to or obtained by the Client pursuant to or as a result of the Contract, and shall not divulge the same to any third party except to the extent that any such information is or becomes public through no fault of the Client, or disclosure of the same is required by law or by any other governmental or other regulatory body.
Without prejudice to any of its other rights TreatMonster.com may immediately terminate the Contract in whole or in part and demand payment of amounts due or accruing to TreatMonster.com whether under the Contract or otherwise and/or withhold or cancel any deliveries or suspend performance if any of the following occurs or is likely to occur:
a) the Client is in breach of any of its obligations under the Contract which, if capable of remedy, the Client has not remedied within 30 days of receiving written notice from TreatMonster.com; or
b) the Client enters into any form of insolvency including without limit liquidation, bankruptcy, receivership, voluntary arrangement, administration or is unable to pay its debts as they fall due or the Client ceases or threatens cease to carry on business.
a) The failure to exercise or delay in exercising by TreatMonster.com of a right or remedy provided by the Contract or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies.
b) The Client shall not be entitled to assign or sub-contract any of its rights or the obligations under the Contract, without the prior written consent of TreatMonster.com. TreatMonster.com may assign, license or sub-contract all or any part of its rights or obligation under the Contract without the Client's consent. References to TreatMonster.com shall include its successors and assigns.
c) The Conditions and any quotation and/or acknowledgement of Order issued by TreatMonster.com contain the whole agreement between TreatMonster.com and the Client. All other understandings, agreements, warranties, conditions, terms or representations, whether express or implied, statutory or otherwise, are excluded to the fullest extent permitted by law. The Client warrants to TreatMonster.com that in entering into the Contract it has not relied on and shall have no remedy in respect of any statement or promise which is not set out in the Contract.
d) The Contract shall be construed in accordance with and governed in all aspects by English Law and the Client submits to the exclusive jurisdiction of the English Courts.