Terms of Use of the Website and Sale of Costa eGift Cards

1. Introduction

Please read the following terms and conditions (the "Terms") carefully before using this website (the "Website"). By accessing the Website, you agree to be bound by these Terms. We recommend that you keep a copy of these Terms for future reference. These Terms are only available in English.

In these Terms : "Costa" "we", "us" and "our" refer to Costa Limited a company incorporated in England with company no 01270695 whose registered office is at Whitbread Court, Houghton Hall Business Park, Porz Avenue, Dunstable, Bedfordshire, LU5 5XE whose VAT number is 243292864. "you" refers to you, the user of the Website.

2. Purpose of the Website

You may use the Website to obtain information about Costa eGift Cards and to purchase Costa eGift Cards for your own personal use and as gifts for others. You may not purchase Costa eGift Cards for resale or for use in commercial, promotional or marketing activities.

You must be resident in the UK to place an order on this Website.

Details of how and where Costa eGift Cards can be used and the terms and conditions that apply to their use can be found at Costa Gift eCard Terms and Conditions of Use.

To purchase a Costa eGift Card follow the instructions on the Website. You will have the opportunity to check your order and correct any errors before you submit it. Please take care when entering the email address of the recipient of the Costa eGift Card as we cannot be responsible if you enter the recipient's e-mail address incorrectly. If however, as a consequence of a notification from you or otherwise, we become aware that a Costa eGift Card has been sent to an incorrect email address, we reserve the right to cancel the Costa eGift Card and any unused balance on it.

We hope that you find the order process easy to use. If you have any problems using the Website please contact us using the contact details in paragraph 13 below.

3. Methods of Payment

We accept most credit and debit cards however we do not accept American Express

By placing an order to purchase a Costa eGift Card through the Website, you authorise us to perform credit and anti-fraud checks on you and the payment mechanism that you have provided.

4. Confirmation of your Order and Formation of Contract

We will send you an e-mail to confirm receipt of your order. The contract between us for the supply of the Costa eGift Card will be formed when you receive this confirmation email. The contract for your order will be concluded in the United Kingdom and the language of the contract will be English.

We reserve the right to refuse to accept any order. Without prejudice to our other rights, we also reserve the right to cancel your order if we believe that you have breached these Terms. If we cancel your order we will refund the sums you have paid to us within 7 days less any costs incurred by us as a consequence of your breach of these Terms.

5. Amending and Cancelling your order

You may not amend your order once you have placed it.

You can cancel your order for a Costa eGift Card for any reason within 14 days from the day of the conclusion of the contract for the supply and purchase of the Costa eGift Card. You must inform us of your decision to cancel your order by e-mail or by post. You may do this by contacting us at costaegifting@whitbread.com or by using this cancellation form which you may submit to us electronically or by post. We will acknowledge receipt of your cancellation request. If you cancel your order we will refund the purchase price to you in full within 14 days of receipt of your cancellation request using the same means of payment as you used for your order.

As you will be required to acknowledge when you place an order, you will lose these cancellation rights once we send your Costa eGift Card as at this point the contract for the provision of the Costa eGift Card will have been fully performed.

6. Your Information

You agree that the information you provide to us when you place an order for a Costa eGift Card, or otherwise when using this Website will be true, accurate, current and complete in all respects. You also agree to notify us of any changes in this information. All personal information you provide to us when you use the Website will be used in accordance with our Privacy Policy, which is incorporated into these Terms. If you are under 18 you should obtain the consent of your parent or guardian before providing us with personal data about yourself.

7. Ownership of Website Materials

All copyright and other intellectual property rights in the Website and the content and material on this Website is owned by Costa and must not be reproduced without the prior consent of Costa.

You are permitted to use the Website to obtain information about and to purchase Costa eGift Cards for your own personal use for your own purposes and to print and download material from this Website provided that you do not modify any content without our consent. Material on this Website must not be republished online or offline.

8. Links

Where this Website contains links to other sites, these links are provided for your information only. Such links should not be interpreted as endorsement by us of those linked websites. We have no control over the content of those sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. You should check the terms of use applicable to any website that you link to from this Website.

9. Access to the Website and its content

Access to the Website is permitted on a temporary basis. From time to time and without notice, we may withdraw or suspend access to the Website or amend, withdraw or discontinue any of the materials and/or features available on it. The Website and its content are provided on an "as is" and "as available" basis. We do not guarantee that our Website, or any content or features on it, will always be available or be uninterrupted and we will not be liable if for any reason the Website (or any part of it) is unavailable at any time or for any period.

We may update our Website from time to time. We make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up-to-date.

10. Limitation of Liability

These Terms set out the full extent of our obligations and liabilities in respect of the use of the Website and the purchase of Costa eGift Cards via the Website. Any warranty, condition or other term arising out of or in connection with the sale or supply of goods or services which might otherwise be implied into or incorporated in these Terms by statute, common law or otherwise is excluded to the maximum extent permitted by law.

Costa shall not be liable for any loss or damage arising from or in connection with your use of this Website or your purchase of a Costa eGift Card where such loss or damage arises from any cause beyond our reasonable control. If we fail to comply with these Terms for a reason within our reasonable control, we are responsible for loss or damage you suffer that is a foreseeable result of our breach or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into these Terms. Where any loss or damage arises from a cause within our control, our liability to you shall not exceed a sum equal to the amount you paid for the Costa eGift Card purchased by you as at the date that such loss or damage occurs.

This clause shall not exclude or limit any liability that cannot be excluded or limited by law. Please note that nothing in these Terms affects your statutory rights as a consumer.

11. General

These Terms constitute the entire agreement and understanding between us and you with respect to your use of the Website and the purchase of Costa eGift Cards via the Website.

If any provision of these Terms is unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Any failure or delay by us in enforcing (in whole or in part) any provision of these Terms will not be interpreted as a waiver of our rights or remedies.

We may transfer the benefit of these Terms to any other company in the same group of companies as Costa. If we assign the benefit of these Terms and Conditions, your rights will not be affected

We may revise these Terms at any time. You should check this page from time to time to take notice of any changes we make, as they are binding on you. The terms and conditions that apply to your use of the Website and your purchase of a Costa eGift Card will be those terms and conditions in force on the date you use the Website and/or place your order for a Costa eGift Card (as applicable).

12. Governing Law and Jurisdiction

These Terms are governed by English law.

13. How to contact Us

If you have any questions, comments or complaints about the Website or your purchase of a Costa eGift Card, please contact us at:


Costa Customer Services
Whitbread Court
Houghton
Hall Business Park
Porz Avenue
Dunstable
LU5 5XE

costaegifting@whitbread.com or 03330 035 883 between the hours of 8:30 am and 5:30 pm on Monday to Friday, or by using the Contact Us facility on the Costa website.