IMPORTANT - PLEASE READ: The following Agreement describes the terms and conditions that apply to the pre-paid account of your TYLERS Gift Card.
These Terms and Conditions apply to the use of your TYLERS Gift Card and govern the relationship between CW Tylers Limited ("TYLERS", "we" or "us") and you. Use of your TYLERS Gift Card will constitute acceptance of these Terms and Conditions. You must therefore read them carefully. Please print a copy of these Terms and Conditions for your records.
The TYLERS Gift Card is an electronic money product. When you credit value to your TYLERS Gift Card you will be purchasing electronic money from CW Tylers Limited, whose registered address is 1 Carillon Court, Loughborough, Leics, LE11 3XA.
You can obtain a TYLERS Gift Card free of charge from our department store. Your TYLERS Gift Card is issued by, and remains the property of, CW Tylers Limited.
You can use your TYLERS Gift Card throughout our department store. It is not a credit card, charge card or debit card. Before you can use your TYLERS Gift Card you will need to credit it with funds. Your TYLERS Gift Card will be activated when you first credit it with a minimum of £5.
You can credit and top-up stored value on your TYLERS Gift Card by cash, debit or credit card at our department store. The minimum value you can credit your TYLERS Gift Card with each time is £5; the maximum amount is £500. The maximum credit value you can store on your TYLERS Gift Card at any time is £500.
You can check the balance on your TYLERS Gift Card at any time online. We will keep a record of previous credits and transactions to ensure that this balance is correct at all times. You will not be sent statements of itemised transactions from your TYLERS Gift Card account. You should keep your receipts and check your online statement to ensure that your account balance is correct.
Your TYLERS Gift Card does not have an expiry date. However, if you do not use your TYLERS Gift Card for a period of two years or more, your TYLERS Gift Card will cease to be valid and any remaining credit value stored on it will expire. Checking the balance on your TYLERS Gift Card will not constitute use of the TYLERS Gift Card for these purposes. Expired value cannot be transferred to a new card or redeemed. You will not be able to use your TYLERS Gift Card once it has ceased to be valid.
You have the right to cancel your TYLERS Gift Card at any time by returning it to TYLERS. You are also entitled to redeem at any time any unexpired and unused stored value on your TYLERS Gift Card provided: (i) the balance on your TYLERS Gift Card is at least £5; (ii) we have no reason to suspect that you are engaged in fraudulent or other criminal activities; and (iii) we are not prohibited from redeeming that stored value by any applicable law, regulation, court order or instruction or guidance of a competent regulatory authority.
If you wish to cancel your TYLERS Gift Card and/or obtain a redemption of any value stored on your TYLERS Gift Card, you must contact TYLERS on 01509 212 560 or at info@tylersfurnishings.com.
An administrative redemption fee of £2.50 will be applied each time that you redeem value stored on your TYLERS Gift Card, and you will be reminded of this when you contact TYLERS to request cancellation of the card. This fee is charged in respect of the administrative costs of processing your redemption payment. No redemption fee will be applied if you ask us to redeem the value stored on your TYLERS Gift Card within 14 days of the first time that you credit it with funds.
Any redemption payment amount will be paid to you by cheque to your home address as registered against the card.
To enable us to comply with our legal obligations, we may need to carry out checks to verify your identity before processing a redemption request and we reserve the right to refuse to process any redemption request if you fail to assist with that verification process.
To protect the stored value on your TYLERS Gift Card from loss, theft or damage you can register your TYLERS Gift Card by following the instructions on the TYLERS website at www.tylersfurnishings.com.
If you need to change any of the details you have registered with your TYLERS Gift Card, please contact TYLERS by telephone on 01509 212 560 between the hours of 9.00 am and 5:00 pm on Monday to Friday, by e-mail at info@tylersfurnishings.com; alternatively, you can make changes through the TYLERS website.
You should treat your TYLERS Gift Card like cash in a wallet. If you lose your TYLERS Gift Card or if it is stolen you may lose any value which is stored on it in the same way as if you lost your wallet.
If you have registered your TYLERS Gift Card through the TYLERS website, you should immediately report any loss, theft, fraudulent or unauthorised use of your TYLERS Gift Card to TYLERS on 01509 212 560.
In the event of loss, theft, fraud or other unauthorised use of your TYLERS Gift Card, or if your TYLERS Gift Card is damaged or malfunctions, we may, at our sole discretion, replace your TYLERS Gift Card and transfer any credit value stored on it to a replacement card. Non-exhaustive circumstances in which we may determine, in our sole discretion, that we will not replace your TYLERS Gift Card include those where we reasonably believe that the notified incident has been caused by your wilful breach of these Terms and Conditions or if there are reasonable grounds for suspecting that you are or have been engaged in fraudulent or other unlawful conduct. Alternatively we may, at our sole discretion, procure a redemption payment in respect of any outstanding value stored on your TYLERS Gift Card.
If we agree to replace your TYLERS Gift Card, a replacement card will be delivered to your home address as registered against the card, usually within 5 days of you first notifying TYLERS of the incident. If we decide to redeem any outstanding balance to you the redemption payment amount will be paid to you by cheque, to your home address, but the redemption fee will not be charged.
Replacement cards will be posted to your registered home address only. We reserve the right to charge a replacement card fee for each replacement card in the event that you are issued with more than two replacement cards within any 6 month period.
If you subsequently find or retrieve a TYLERS Gift Card which you have reported lost or stolen, you must notifyTYLERS immediately.
If you register your TYLERS Gift Card on the TYLERS website you will be asked to provide certain personal information, including your name, date of birth, address and contact details. We are committed to maintaining the security of your personal information in accordance with the requirements of the Data Protection Act and will take all reasonable steps to ensure that your personal data is kept secure against unauthorised access, loss, disclosure or destruction.
The TYLERS Privacy Policy will apply whenever you provide us with personal information, and is incorporated by reference into these Terms and Conditions.
Except as required by law, or in accordance with these Terms and Conditions and the TYLERS Privacy Policy, your personal information will not be passed to any other persons without your permission.
Neither CW TYLERS Limited nor any member of its corporate group shall be held liable for any default resulting directly or indirectly from any cause beyond our control, including but not limited to, failure of network services and failure of data processing systems. To the extent permitted by law, all conditions or warranties implied by law, statue or otherwise are expressly excluded.
TYLERS will not be liable to you for:
any loss of income, business, goodwill or profits arising out of this agreement;
any unauthorised access to or alteration, theft or destruction of your TYLERS Gift Card;
the consequences of any delay or mistake relating to the use of your TYLERS Gift Card caused by any circumstances beyond our control;
any loss or damage which was not caused by our breach of this agreement or breach of our legal duty of care;
any loss or damage which was not a reasonably foreseeable result of either our breach of this agreement or breach of our legal duty of care. Loss or damage is "reasonably foreseeable" if, at the time we entered into this agreement, such loss was contemplated by you and by us; or
any loss or damage suffered by you as a result of you failing to take reasonable precautions against such loss or damage.
This agreement does not affect your statutory rights and must be read subject to those rights. If you require more information on your statutory rights you should contact your local authority Trading Standards Department or Citizens Advice Bureau.
TYLERS does not represent or warrant that your TYLERS Gift Card will always be accessible or accepted.
The Financial Ombudsman Compensation Service is not applicable to your TYLERS Gift Card. TYLERS does not offer any other compensation schemes to cover losses claimed in connection with your TYLERS Gift Card.
We reserve the right to amend or waive any provision of these Terms and Conditions from time to time and at any time, or to terminate the TYLERS Gift Card program on reasonable notice. The Terms and Conditions applicable to the use of a TYLERS Gift Card shall at any time be the terms and conditions published on the TYLERS website (www.tylersfurnishings.com) and your continued use of a TYLERS Gift Card shall constitute your acceptance of such terms and conditions. We will also e-mail you to let you know about changes to these Terms and Conditions.
This agreement (as amended from time to time) constitutes the entire agreement between you and TYLERS and supersedes all prior proposals and all other agreements in respect of the subject matter of this agreement. If any provision of this agreement is illegal or unenforceable, that provision will be deleted from this agreement, and the remaining terms will not be affected. Headings are for convenience of reference only and will in no way affect interpretation of this agreement.
These Terms and Conditions are governed by English law.