Terms and Conditions
All the terms and conditions that you need to agree
TERMS AND CONDITIONS FOR THE SALE OF DINKM GIFT CARDS AND THE SUBSEQUENT REDEMPTION OF THE DINKM GIFT CARDS FOR DIGITAL CONTENT
These Terms and Conditions (“the Terms”) apply to your purchase of a Dinkm Gift Card and to your redemption of the Dinkm Gift Card for Digital Content on the Dinkm Website. They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice, or course of dealing and form a contract between you and us. The contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the contract.
For the purposes of these Terms “we”, “us”, “our” refer to Dinkm Limited, a company incorporated in England and Wales under company number 14124002 and having its registered office at 1 Poole Street, London, England, N1 5EB who own the Dinkm Trademark. And “you” and “your” refer to you the user of the Dinkm Gift Card unless the context clearly indicates otherwise.
If you wish to contact us, then please contact our customer service team at email@example.com
The following definitions shall have the following meanings when used in these Terms:
“Code” means the number or sequence of numbers or alphanumeric characters that is: (i) linked to the barcode printed on a physical Dinkm Gift Card; (ii) printed on a receipt; or (iii) contained within an email, SMS or displayed on a website.
‘Activate’ or ‘Activation’ means the Activation of the Code on our website to enable you to redeem the Digital Content.
“Digital Content” means the digital codes that you can redeem your Code against on the Dinkm Website that are offered by Participating Retailers which shall enable you to make purchases from that Participating Retailer.
“Participating Retailer” means a retailer that has agreed to supply digital content on our website as part of the Dinkm Gift Card Programme.
“Dinkm Gift Card” means a Code that is either contained within a physical gift card; (ii) printed on a receipt; or (iii) contained within an email, SMS or displayed on a website.
“Dinkm Gift Card Programme” means the closed loop gift card programme operated by us which allows you to (i) purchase Dinkm Gift Cards; and (ii) redeem Dinkm Gift Cards for Digital Content from Participating Retailers.
“Dinkm Website” means www.dinkm.com, which is operated by us.
1. THE CODE
1.1 The use of the Code is subject to these Terms, as may be varied by us from time to time. We will ensure that the applicable and up-to-date Terms are freely accessible on the Dinkm Website. Purchase of the Dinkm Gift Card and registration of the Code constitutes your acceptance of the Terms.
1.2 Except in accordance with statutory rights, the Code is non-rescindable, non-refundable, non-transferable, and cannot be exchanged for cash.
1.3 The Code cannot be replaced if lost, stolen or damaged.
1.4 The Code will automatically expire 12 months from date of purchase, and any balance remaining on the Code at that time will be cancelled.
1.5 The Code cannot be redeemed directly with any Participating Retailer.
1.6 We cannot be held responsible for the unauthorised use of the Code where the Code number has been knowingly or unknowingly disclosed to another party. We take no responsibility for any loss you may incur as a result of Code theft, impersonation, or identity fraud.
1.7 We reserve the right to take appropriate action, including the cancellation of the Code or any remaining Code balance if, at our discretion, we deem such action necessary; this includes where fraudulent activity is known or suspected, or we have legal, regulatory, or other objectively justifiable reason. This does not affect your statutory rights.
2.1 The Code can be redeemed for Digital Content to the value of the balance on the Dinkm Gift Card. If the value of Digital Content you select is less than balance on the Dinkm Gift Card, no change will be given but the balance may be used for future purchases.
2.2 The up–to-date list of Participating Retailers is published on the Dinkm Website; the Digital Content featured may change from time to time.
2.3 Our display of Digital Content does not constitute a legally binding offer by us.
2.4 Digital Content supplied shall be subject to the Participating Retailer’s own applicable terms and conditions for that Digital Content, which will be made clear on the Dinkm Website at point of selection.
2.5 As part of the redemption process, you will be required to provide details of a nominated email address and/or mobile phone number to which the selected Digital Content is to be sent. It is your responsibility to ensure the accuracy of the email address and/or mobile phone number given, and thereafter to ensure that email address and/or mobile phone number is monitored for the delivery of the Digital Content.
2.6 Once you have selected the Digital Content that you wish to exchange the Code for, have provided a nominated email address and/or mobile phone number for delivery and confirmed your redemption choice, then you have placed a binding order for that Digital Content.
2.7 Our confirmation of receipt of your order by email constitutes our acceptance of your order at which point, we are contractually obliged to supply you that Digital Content.
3.8 In the event that we accept your order but are unable to supply the Digital Content, we will inform you of this as soon as possible.
4. DELIVERY OF A DIGITAL GIFT CODE
4.1 Delivery of Digital Content should be achieved to the nominated email address and/or mobile phone number within one (1) business day of you redeeming your Code on the Dinkm Website, subject to availability of stock. We and the Participating Retailers make every effort to deliver Digital Content within the anticipated timescales, however delays are occasionally inevitable and time for delivery will not be of the essence. We will endeavour to keep you informed, to the nominated email address, of any delay expected or any force majeure event which may affect delivery.
4.2 Risk and title to the Digital Content shall pass to you upon delivery of the Digital Content.
4.3 We cannot take any liability for any lost, stolen or damaged digital gift codes once responsibility of ownership has passed to you at time of delivery.
4.4 We will not be liable for any defects in any goods or services purchased using Digital Content which we have supplied. Any queries or complaints about such goods or services should be addressed to the relevant Participating Retailer.
4.5 We will not be liable for the conduct or actions of any Participating Retailer. The funds on Digital Content are not covered by the Financial Services Compensation Scheme. In the unlikely event of a Participating Retailer (the issuer of any selected Digital Content) becoming insolvent or ceasing business the funds on the Digital Content may not be available to spend. There is no obligation on us to replace or exchange any previously issued unspent digital gift codes.
5. RETURNS PROCEDURE
5.1 We hope that you will be completely satisfied with your Dinkm Gift Card and the experience we offer. However, it may be necessary to return your Dinkm Gift Card, the Code or the Digital Content supplied in some limited circumstances. Other than as required by law we have no general policy of accepting returns.
5.2 The limited circumstances in which Dinkm Gift Card, the Code or Digital Content may be exchanged by us are:
(i) the Dinkm Gift Card or Code issued is faulty, and/or proves unredeemable; or
(ii) the Digital Content issued is incorrect.
5.3 If the Code has been redeemed via the Dinkm Website of if the Digital Content supplied has been spent, or partially spent, then we cannot entertain a return or exchange of that item.
6.1 We are responsible to you for foreseeable loss and damage caused by us for any breach of these Terms or for our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
6.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Dinkm Gift Card, the Code, or the Digital Content.
6.3 We are not liable for indirect losses. We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity or for any other special, indirect, or consequential loss.
7.2 We warrant that any information we receive or collect, in relation to the Dinkm Gift Card and use of the Dinkm website, will not be sold, or supplied to any third party or used for any purpose other than the processing and registration of the Code, internal administration and analysis, or any opted into marketing information regarding Dinkm or third parties Dinkm chooses to promote.
7.3 We hereby exclude the application of the Contracts (Rights of Third Parties) Act 1999 to each, and every contract made under the Terms.
7.4 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
7.5 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
7.6 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we supply you with the Products, we can still require you to make the payment at a later date.
7.7 The Terms are subject to the laws of England and Wales, and the exclusive jurisdiction of the English Courts.