Website Terms & Conditions
These are the terms and conditions ("Consumer Terms and Conditions") which govern your use of the gift voucher web site, which you will require to access to purchase a POTS Restaurant on-line gift voucher and which is operated by SK Chase Limited ("SK Chase"), acting as an agent on behalf of POTS Restaurant (the "Web Site"). POTS Restaurant website has separate terms and conditions which shall apply to the use of their own website.
We are POTS Restaurant, however, as you have selected to purchase a Gift Voucher, we would draw your attention to the fact that this section of the Web Site is managed by SK Chase, who acts as an agent for POTS Restaurant and who will collect payments from you on behalf of POTS Restaurant. SK Chase is a company incorporated in Scotland (No SC253912) with its registered office at 31 Palmerston Place, Edinburgh, EH12 5AP.
By using the Web Site, you shall be deemed to have accepted and be legally bound by these Consumer Terms and Conditions. You shall be asked to agree to these Consumer Terms and Conditions before placing an order (including the terms and conditions of use of the Gift Voucher). If you breach or do not accept these Consumer Terms and Conditions or the terms and conditions of use of the Gift Voucher, your permission to order any Gift Vouchers and use the Web Site automatically terminates.
We, POTS Restaurant reserve the right to vary these Consumer Terms and Conditions from time to time. It is your responsibility to regularly review these Consumer Terms and Conditions before each purchase to keep up to date with any changes to them. Any changes to the terms and conditions of use of the Gift Voucher will also be listed on the relevant product page of the Web Site. If we need to revise these Consumer Terms and Conditions as they apply to your order, we will contact you to give you reasonable advance notice of the changes and to let you know how to cancel the order if you are not happy with the changes. If you opt to cancel and you have ordered more than one Gift Voucher, you can cancel in respect of one Gift Voucher or all of the Gift Vouchers. After receipt of your notice of cancellation, SK Chase will arrange a full refund of the price you have paid on our behalf, which shall include any delivery charges if you have selected the postal option for delivery (irrespective of whether you have already received the Gift Voucher). If you have already received the Gift Voucher which you have cancelled, you should destroy it. Because you are a consumer, we are under a legal duty to supply products that are in conformity with our contract with you. As you are a consumer, you have legal rights in relation to products that are faulty or misdescribed. These legal rights are not affected if you exercise your rights to cancel or by the operation of any other terms in these terms and conditions. Advice about your legal rights, including your right to cancel the contract, is available from your local Citizens' Advice Bureau or Trading Standards office.
1.1 The Web Site offers gift vouchers for sale ("Gift Voucher").
1.2 No contract for the sale of any Gift Voucher will subsist between you and POTS Restaurant unless and until POTS Restaurant accepts your order by way of an email (issued by SK Chase) detailing that payment has been received in full, the content of the Gift Voucher purchased and confirming your details (the "Confirmation"). That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time SK Chase (on behalf of POTS Restaurant ) sends the Confirmation to you (whether or not you receive that Confirmation). The Confirmation amounts to an acceptance by POTS Restaurant of your offer to buy Gift Voucher(s) from POTS Restaurant or a third party supplier that is engaged by POTS Restaurant. In the event of any inconsistency or conflict between these terms and conditions and the Confirmation or the details on the product page of the Web Site, these terms and conditions shall prevail to the extent of the conflict or inconsistency.
1.3 You must check that the details of the Confirmation are correct as soon as possible and you should print out and keep a copy of it.
1.4 If purchasing a Gift Voucher through the Web Site or on the telephone, payment shall be taken on our behalf by SK Chase as agent for us by credit or debit card. You can make payments with the following cards: Mastercard, Visa, Delta, American Express, Switch or Solo). Please note that any payments deducted by SK Chase from your account, or refunded back to you will appear on your statement as being from SK Chase. It may be possible to purchase a Gift Voucher in person from POTS Restaurant, in which case you can make payment by cheque, cash or PDQ machine and you shall receive a receipt from POTS Restaurant .
1.5 You undertake that all details you provide to POTS Restaurant and SK Chase for the purpose of ordering any Gift Vouchers are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the Gift Voucher ordered.
1.6 In order to protect your details during ordering, the Web Site uses a software package known as Secured Sockets Layer (SSL), which is indicated by a padlock which will appear in the bottom left hand corner of the web browser (grey border area of the screen).
- Issuing Gift Vouchers
2.1 Each Gift Voucher sold is subject to terms and conditions of use which can be viewed on the Web Site alongside each individual Gift Voucher which shall apply in addition to the terms in these Consumer Terms and Conditions. All prices on the Web Site are inclusive of VAT (where applicable).
2.2 Once your order has been processed by SK Chase (on our behalf), POTS Restaurant shall be responsible for issuing the Gift Voucher by, posting first class (or special delivery, airmail or international signed for if requested) and performing any other terms set out in the Confirmation. Please allow seven (7) days for UK delivery during peak postal time. There is no dispatch or delivery on UK bank holidays or weekends. Please note that delivery is by Royal Mail therefore neither POTS Restaurant nor SK Chase can be held responsible for delays caused by the postal system. Neither POTS Restaurant nor SK Chase accept liability for any delay which may occur in the delivery times which are due to circumstances outside their control. You may cancel an order in such circumstances. To cancel your order, please contact SK Chase by email at [email protected] or by phone at 0344 371 0071.
2.3 You may either choose to collect your voucher from POTS Restaurant (where available), postal delivery or email (where available). In respect of postal deliveries, POTS Restaurant uses Royal Mail to deliver your order. Please note that postage and packaging charges are not included in the Gift Voucher prices. Any postage and packaging charges which apply are advised to you during the check-out and ordering process before you confirm your order. The following supplements will apply:
- Email - 0,00 €
- Collection from hotel – 0,00 €
- Standard post within Germany – 3,50 €
- Standard post international – 6,90 €
2.4 Orders will be dispatched in accordance with the following timescale:
- For orders placed on a working day (Monday - Friday, excluding bank holidays) before 12 noon, the order will be despatched the same day.
- For orders placed on a working day after 12 noon or on a weekend day, the order will be dispatched the next working day.
2.5 The following mailing options are available to customers:
- Standard post within Germany
- Standard post international. This should be selected for any overseas Gift Voucher orders.
- Email (Where Available) - An automatic email with a Gift Voucher link will be sent as soon as the transaction is completed. This can be sent to either the purchaser or the recipient. This is a system generated email and therefore may go to the email recipient's junk or spam email folder. Please also take care when entering email address that it is correct. If an email delivery fails we will attempt to contact you to advise that the email has been returned to us 'undelivered' and will try to get another email address. If you have difficulty opening your Gift Voucher link please see below.
2.6 On some occasions where POTS Restaurant has dispatched your Gift Voucher order it gets lost in the post. If you have not received your order 5 days after placing the order (or 25 days in the case of International delivery), please contact POTS Restaurant in accordance with the contact details set out in clause 4.1. POTS Restaurant may need to cancel your original order and issue you with a new Gift Voucher. In this situation you should destroy the original Gift Voucher if it is eventually received as it will no longer be valid.
2.7 If the delivery deadline for any Gift Vouchers is missed and any of the following apply, then you may cancel your order straight away:
- POTS Restaurant has refused to deliver the Gift Voucher;
- delivery within the delivery deadline was essential (taking into account all relevant circumstances); or
- you told POTS Restaurant before POTS Restaurant accepted your order that delivery within the delivery deadline was essential.
If you do not wish to cancel your order straight away, or do not have the right to do so under this clause 2.7, you can give POTS Restaurant a new deadline for delivery, which must be reasonable, and you can cancel your order if the new deadline is not met.
If you do choose to cancel your order for late delivery under this clause 2.7 and you have ordered more than one Gift Voucher, you can cancel in respect of one Gift Voucher or all of the Gift Vouchers, unless splitting them up would significantly reduce their value. After you cancel your order SK Chase (on behalf of POTS Restaurant ) will refund any sums you have paid to SK Chase for the cancelled Gift Voucher and its delivery.
3.1 Please remember that, in addition to the terms included in these Consumer Terms and Conditions, the terms and conditions which will apply to each Gift Voucher will be individual to each Gift Voucher and can be viewed on the Web Site alongside each individual Gift Voucher. The following provisions in this section 3 will apply in respect of all Gift Vouchers, unless:
(a) the Gift Voucher is for a specified date or period of performance; or
(b) the Gift Voucher is for:
- any products made to your specification or clearly personalised;
- newspapers, periodicals or magazines with the exception of subscription contracts for the supply of such publications;
- any goods which are liable to deteriorate or expire rapidly (such as food or fresh flowers);
- any alcoholic beverages where (i) their price has been agreed at the time of the conclusion of the contract; (ii) the delivery of them can only take place after 30 days, and their value is dependent on fluctuations in the market which cannot be controlled by the trader; or
- software, DVDs or CDs which have a security seal which you have opened or unsealed,
in which case the Gift Voucher is non-refundable and non-transferable unless otherwise agreed by POTS Restaurant.
3.3 All specific arrangements regarding booking dates and times must be made directly withPOTS Restaurant, and you should reconfirm any arrangements made with POTS Restaurant a few days before the event to avoid disappointment. POTS Restaurant will use all reasonable endeavours to meet your request but cannot guarantee any specific date or time.
3.4 Nothing in the Consumer Terms and Conditions or any additional terms and conditions applicable to a Gift Voucher alter or affect your statutory rights (including your right to receive a refund for faulty or mis-described Gift Vouchers).
3.5 Under the Consumer Protection Contracts Information, Cancellation and Additional Charges) Regulations 2013, you have the right to cancel your order with POTS Restaurant starting from the date that SK Chase sends you the dispatch confirmation (which is when the contract is formed with POTS Restaurant), until either:
(a) 14 days from the day after the day of receipt of your Gift Voucher (the "Cancellation Period" if your contract is for one Gift Voucher; or
(b) 14 days from the day after the day of receipt of the last of the Gift Vouchers ordered (the "Cancellation Period"), if your contract is for multiple Gift Vouchers which are delivered on separate days.
3.6 If you wish to cancel your order either before or after you receive the Gift Voucher, you must notify SK Chase within the Cancellation Period that you have decided to cancel the contract. The easiest way to do this is to contact SK Chase in accordance with clause 4.1 or you may use the cancellation form which can be accessed here which you can fill out and return to SK Chase by email. If you decide to cancel by email, with or without the cancellation form, your cancellation will be effective from the date you sent SK Chase the email.
3.7 Should you cancel the contract within the Cancellation Period, SK Chase (on behalf ofPOTS Restaurant) will then refund you the price you have paid for the Gift Voucher(s) within 14 days after the day on which SK Chase receives the notice of cancellation from you (irrespective or not of whether you have received the Gift Voucher.)
3.8 This refund will include the delivery charge paid by you (providing (i) you have cancelled your order within the Cancellation Period; or (ii) the Gift Voucher is faulty or mis-described, in which case SK Chase (on behalf of POTS Restaurant) will refund the delivery charges (if the postal delivery option was chosen). In respect of a refund of the delivery charges paid by you, the maximum refund will be the costs of delivery by the least expensive delivery method offered (the cost of UK First Class post). If you have already received the Gift Voucher which you have cancelled, you should destroy it. If SK Chase finds, after it has received your notice of cancellation, that the Gift Voucher has been used you shall not be entitled to a refund.
- Complaints Procedure and after sales customer assistance
4.1 If you have any questions relating to a purchase you are considering or how to redeem your Gift Voucher, please contact POTS Restaurant. If your query relates to payment please direct your queries to SK Chase.
You can contact POTS Restaurant at +49 30 33 777 5402 or [email protected] and SK Chase at 0344 371 0071 or [email protected]
4.2 There are also further details relating to purchasing and use of Gift Vouchers within SK Chase's FAQs which can be accessed here
5.1 This section applies only to the extent permitted by law. For the avoidance of doubt, POTS Restaurant does not exclude or limit any liability for (a) personal injury (including sickness and death) where such injury results from POTS Restaurant 's negligence or wilful default, or that of POTS Restaurant 's employees, agents or subcontractor or (b) fraudulent misrepresentation.
5.2 In the event that POTS Restaurant breaches their contract with you, POTS Restaurant shall be responsible only for refunding the cost of the Gift Voucher. POTS Restaurant shall not be liable to pay any other compensation or losses suffered by you as a consequence of POTS Restaurant's breach of contract.
5.3 POTS Restaurant agrees to provide the services for which the Gift Voucher was purchased in accordance with the description on the Web Site and the POTS Restaurant website (if applicable), at all times with reasonable skill and care. POTS Restaurant makes no other warranty or representation.
The Web Site is protected by copyright, and other intellectual property rights and laws. You may view the Web Site and download part(s) of it to a personal computer for personal viewing for private purpose, but for no other purpose whatsoever. NONE OF THE CONTENT MAY BE DOWNLOADED, COPIED, REPRODUCED, TRANSMITTED, STORED, SOLD OR DISTRIBUTED FOR ANY NON PERSONAL PURPOSE WITHOUT OUR PRIOR WRITTEN CONSENT.
7.1 Your privacy is important to us, and we are committed to maintaining the privacy of any personal information received from you. We subscribe to the principles of UK data protection legislation. By giving us your details you accept that we will be able to use them for operational purposes including providing your details to our payment collector, SK Chase.
7.2 In using your personal data for operational purposes we (including SK Chase) may send your information internationally including to countries outside the EEA (for example to the U.S.A.). By accepting these Consumer Terms and Conditions you acknowledge that some of these jurisdictions offer differing levels of protection of personal information, not all of which may be as high as the UK, and you consent to your data being transferred to such countries.
By accessing and using the Web Site, or any of the information on it, you acknowledge that, while reasonable endeavours have been used to ensure that all information contained on the Web Site is correct, accurate and up to date, neither SK Chase nor POTS Restaurant make any warranties, representations or undertakings that the material on the Web Site will be free from infections, viruses, worms, trojan horses and/or other codes that have contaminating or destructive properties. (It is your responsibility to take protective steps such as virus checking).
- General provisions
9.1 If we fail to insist that you perform any of your obligations under these terms and conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
9.2 Each of the paragraphs of these terms and conditions 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.
9.3 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions that is caused by an Event Outside Our Control. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
9.4 We may transfer our rights and obligations under these terms and conditions to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these terms and conditions.
- Governing Law and Jurisdiction
The Web Site and these Consumer Terms and Conditions are governed by the laws of Scotland. You agree to submit to the exclusive jurisdiction of the Scottish courts in all matters relating to such use of the Web Site and in relation to these Consumer Terms and Conditions. If any provision of these Consumer Terms and Conditions is found by a court of competent jurisdiction to be invalid you agree that the other provisions of these Consumer Terms and Conditions will remain in full force and effect in so far as possible. If you access the Web Site from outside the UK you are responsible for compliance with any local laws relating to access.