Terms and Conditions – Café del Mar Gift Cards

By placing an order for purchase of Café del Mar Gift Cards via this website (“Order”) you are agreeing to the Terms and Conditions as set out below.

CAFÉ DEL MAR GIFT CARDS – GENERAL

1. Café del Mar Gift Cards become subject to the Terms and Conditions upon purchase.
2. It is the purchaser’s responsibility as the purchaser to ensure that the recipient of the Café del Mar Gift Card is aware of the Terms and Conditions that apply to the Café del Mar Gift Card.
3. Café del Mar is not liable for any Café del Mar Gift Cards that are on-sold through any online auction sites.
4. Cafe del Mar Gift Cards are valid for 12 months from the date of purchase. Our record of your expiry date is final. Once your Cafe del Mar Gift Card has expired it cannot be re-activated and any unspent value will be forfeited.
5. If your purchase/s exceed the available balance on your Cafe del Mar Gift Card, you are required to pay the excess using another method of payment.
6. Cafe del Mar Gift Cards cannot be used to purchase additional Cafe del Mar Gift Cards.
7. Cafe del Mar Gift Cards cannot be exchanged for cash. 8. Cafe del Mar Gift Cards cannot be topped up with additional credit.
9. Cafe del Mar Gift Cards cannot be used for prepaid bookings for events or launch tokens, or for Event tickets or any other third party transactions.
10. Cafe del Mar Gift Card holders are not required to use the entire available balance in one transaction. However, no change or refund will be given, and the remaining available balance may be applied to future purchases until the Cafe del Mar Gift Card expires or the balance reaches $0.
11. You as the purchaser or the Gift Card recipient are liable for all transactions on your Cafe del Mar Gift Card, except to the extent to which there has been a proven fraud or negligence by Cafe del Mar or an employee of Cafe del Mar.
12. In the event of suspected or proven fraud and/or improper use of the Cafe del Mar Gift Card, Cafe del Mar reserves the right to suspend (pending investigation) or cancel any Gift Card without notice.
13. Cafe del Mar reserves the right to cancel the Cafe del Mar Gift Card scheme for any reason at any time and without notice. In these circumstances, any cards issued prior to the cancellation or revocation will be valid until their expiry date has elapsed or may be refunded at the sole and absolute discretion of Cafe del Mar.
14. These Terms and Conditions are to be construed and enforced in accordance with the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of that state.
15. If you wish to dispute an amount deducted from your Cafe del Mar Gift Card, you must contact our Head Office via email at functions@cafedelmar.com.au. If an amount is not disputed within twenty-one (21) days after the transaction date, Cafe del Mar may at its sole discretion refuse to provide you with a refund.

ONLINE ORDERS

1. You may place an Order by following the instructions on the Website. Your Order will be submitted once you have completed the payment details including your acceptance by activating the “Pay Now” button. Orders will be deemed to have been received by Cafe del Mar at the time Cafe del Mar sends an Order confirmation to your nominated e-mail address.
2. Up to 20 Cafe del Mar Gift Cards can be ordered at any one time, with a total value not exceeding $1,000. A minimum value of $50 and a maximum of $1,000 can be loaded on each Gift Card. For purchases exceeding AUS $1,000 in value email functions@CafedelMar.com.au or call 02 9267 6700.
3. Cafe del Mar reserves the right to not accept Orders, including those that request commercial quantities of Gift Cards. If Cafe del Mar is unable to supply your total Order it will endeavor to contact, you to discuss whether you wish to proceed with the part of the Order.
4. Cafe del Mar reserves the right to cancel any Order at any time, without notice, for any reason.
5. Customers who wish to cancel an Order must, within 24 hours of purchase, notify Cafe del Mar on 02 9267 6700 during business hours, quoting the order number. Orders that have already been processed cannot be cancelled. Cafe del Mar will endeavor to process cancellation request where possible, but will not be liable for any failure to do so.
6. In event of a cancelled Order, any payments processed by Cafe del Mar will be promptly refunded. You acknowledge that the Internet can be an unstable and, sometime s, insecure marketplace. At times the Website may not be available, or Orders may not be processed or may not be accepted for reasons beyond our control. In these circumstances Cafe del Mar accepts no responsibility. Cafe del Mar does not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us, including your credit card details, is transmitted at your own risk and Cafe del Mar is not responsible while such information is in transit. For your assistance, the Australian Government has published additional information about protecting yourself in online transactions. This is available at http://www.staysmartonline.gov.au

CREDIT CARD PAYMENT

1. Payment for online orders can only be made by American Express, Visa or MasterCard or using your PAYPAL account. You may provide your nominated credit card details during the purchase process described on the Website.
2. Once you click on “Place Order”, Cafe del Mar will process payment for your Order via a payment gateway, including any delivery charges, credit card surcharge and service fees as detailed on the final screen where you indicate your acceptance of this contract (Total Amount). By completing the final screen, you authorize Cafe del Mar to debit the Total Amount from your nominated charge card or credit card.
3. If your nominated payment card is declined by your financial institution, Cafe del Mar will not be required to fulfil the Order, and may at its discretion contact you to make alternative payment and delivery arrangements.
4. Cafe del Mar may at any time decide not to accept payment from you by charge card or credit card for any reason. If we decline to accept payment, we will not process the Order and may not contact you to inform you that your Order will not be processed.

DELIVERY, RISK & TITLE TO GOODS

1. Gift Cards are only available for delivery within Australia. All Orders are delivered via Australia Post to a nominated residential or business address. Gift Cards cannot be delivered to a PO Box or Locked Bag address.
2. Australia Post is sub-contracted to Cafe del Mar for carrying out delivery of Gift Cards ordered online. Any issues regarding delivery of Gift Cards ordered via CafedelMar.com.au/giftcards should be referred to Cafe del Mar directly via email Functions@cafedelmar.com.au. Cafe del Mar does not guarantee the delivery of the orders within the timeframe specified as this is dependent on Australia Post processing times.
3. Cafe del Mar will not be liable to you or anyone else for any losses suffered or incurred due to delay in delivery or for any lost or misdirected Gift Cards, including any Gift Cards lost or misdirected in the mail. Lost or stolen cards shall not be replaced or refunded.
4. Subject to payment, property and risk in the Goods passes to you upon dispatch of the Goods to your nominated delivery address.