CORPORATE GIFT CARD ORDER FORM
Please complete form in BLOCK CAPITALS
COMPANY ADDRESS
ACCOUNT NUMBER
POSTCODE EMAIL ORDER CONTACT NAME POSITION SIGNATURE PURCHASE ORDER No ORDER PASSWORD
Between 4 – 20 Alpha numeric characters. You will need this to activate your cards.
TELEPHONE No
DELIVERY ADDRESS (If different from above)
POSTCODE DELIVERY INSTRUCTIONS
TELEPHONE No
£1,000 - £9,999 2.5% £10,000 - £24,999 5% £25,000 and over Negotiable Total QUANTITY Of Each Gift Card Required Total VALUE Of Each Gift Card Required
GIFT CARD DENOMINATION £5 £ £ £10 £ £ £ £ £25 £ £50
ORDER VALUE BEFORE DISCOUNT AGREED DISCOUNT % DISCOUNT VALUE TOTAL ORDER VALUE
PAYMENT DETAILS: BACS/CHAPS TO: B&Q PLC, HSBC BANK, 3 LEIGH ROAD, EASTLEIGH, SO50 9YW. ACCOUNT NO: 61479636 SORT CODE: 40-20-10. PLEASE SEND REMITTANCE ADVICE TO SALESLEDGER.REMITTANCEADVICE@B-AND-Q.CO.UK. FOR CHEQUE OR CREDIT CARD PAYMENTS PLEASE CALL US ON 0845 600 3762 OR EMAIL BUSINESS.SERVICES@B-AND-Q.CO.UK RETURN YOUR COMPLETED ORDER FORM BY FAX ON 02380 279124 OR BY POST TO B&Q BUSINESS SERVICES, PORTSWOOD HOUSE, HAMPSHIRE CORPORATE PARK, EASTLEIGH, SO53 3YX BY PLACING THIS ORDER I/WE AGREE TO THE B&Q TERMS AND CONDITIONS ON THE FOLLOWING PAGES
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Terms and conditions for the sale of gift cards to businesses (Conditions) 1. These Conditions, together with the relevant Gift Card Order Form ( Order Form) and any applicable approved Credit Application, shall form the contract (Contract) between the customer named in the Order Form (Customer) and B&Q plc (B&Q) in relation to the sale and use of any Gift Cards. B&Q reserves the right to change these Conditions at any time by notifying the Customer of such changes. Gift Cards are vouchers redeemable in any B&Q store in United Kingdom against purchases made by the holder up to the amount stored on each Gift Card.. Gift Cards cannot be redeemed through www.diy.com The purchase price of each Gift Card shall be the value stated in the applicable Order Form accepted by B&Q. Gift Cards remain valid for 2 years following the date of issue or, if later, 2 years following the date of last use (whether for a redemption, balance enquiry or otherwise). The form and appearance of the Gift Cards may change from time to time at B&Q’s discretion. The Customer agrees to be bound by these Conditions (as amended in accordance with clause 1 from time to time) and any terms and conditions which may be set out on any Gift Card (Gift Card Terms), a copy of which will be provided by B&Q upon request. The Customer confirms that it is purchasing the Gift Cards in the course of its business. Any resale or promotion of Gift Cards is prohibited except with the prior written permission of B&Q. Where B&Q does grant permission for the re-sale or promotion of Gift Cards, such permission may be subject to such conditions as B&Q may impose and, in any event, the Customer must ensure that the purchaser is aware of and subject to the applicable provisions of these Conditions and the Gift Card Terms. B&Q will dispatch Gift Cards as soon as reasonably possible after accepting an order and (subject to clause 6) receiving payment. Gift Cards will be delivered to the Customer via B&Q’s fulfilment partner. Risk of loss or damage to the Gift Cards will pass to the Customer upon delivery. Ownership of the Gift Cards will remain with B&Q until the Gift Cards are paid for in full by the Customer. In the event of any sale or transfer of Gift Cards by the Customer before ownership has passed to the Customer, any money received by the Customer will be held on trust for B&Q. Where the Customer has not paid for any Gift Cards in accordance with the agreed payment terms, B&Q may require the Customer to deliver up such Gift Cards and, if the Customer fails to do so, B&Q will be entitled to enter any premises where the Gift Cards are stored in order to recover them. Payment for the Gift Cards must be received prior to the Gift Cards being dispatched unless agreed otherwise in writing by B&Q. Customers may apply to B&Q for credit in relation to the purchase of Gift Cards, such credit to be granted at the sole discretion of B&Q. In processi ng an application for credit B&Q may search the files of credit reference agencies who will supply them with credit information, as well as information from the electoral register. These agencies may record details of this search regardless of the outcome of the application. Credit searches and other information which is provided to B&Q and/or these credit reference agencies about the Customer or any persons with whom the Customer is financially linked may be used by B&Q and other companies in this and future credit decisions. If B&Q agrees to offer credit terms to a Customer, payment for the Gift Cards must be made within 14 days of receipt of invoice. B&Q may refuse to provide any services in relation to Gift Cards, and shall be entitled to immediately invoice the Customer for any outstanding sums owed to B&Q by the Customer and demand delivery up of any Gift Cards and related promotional materials, if the Customer makes any voluntary arrangement with creditors, or an administrator, receiver or administrative receiver is appointed of all or part of the Customer’s undertaking and assets, or the Customer goes into liquidation, suffers a petition for winding up, suspends or threatens to suspend any payments due under the Contract or threatens to cease carrying on business. Payments in relation to Gift Cards should be made to B&Q Plc. Payment can be made by Bacs, Chaps or cheque or Company Credit Card. Cheques should be made payable to B&Q Plc, and sent to B&Q Plc, Credit Control, Cando House, Bournemouth Road, Chandlers Ford, Eastleigh, Hants, SO53 3QB. For details of how to pay by Bacs or chaps please contact B&Q on Tel: 0845 600 3762 or by e-mail at business.services@b-and-q.co.uk. B&Q reserves the right to refuse to accept orders and to withdraw credit facilities at its sole discretion without the need to state any reason for any such refusal or withdrawal.
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The Customer must notify B&Q as soon as it is aware of non-delivery, or have any reason to suspect non or late delivery, and in any event within 48 hours of receipt of the invoice if the Gift Cards have not been delivered. Any discrepancy in the value of Gift Cards ordered and delivered must be notified to B&Q’s fulfilment partner within 3 days of delivery. B&Q’s fulfilment partner can be contacted on Tel: 0203 027 4216 Monday – Friday 9.00am -6.00pm In the event of any loss or theft of the Gift Cards while they are in the Customer’s, or a Customer representative’s, possession or where the Gift Cards are liable to be, or have been the subject of improper use, the Customer will be liable for all loss arising. Gift Cards are not sold on a sale or return basis. B&Q grants the Customer a limited, revocable, non-exclusive, non-transferable royalty-free licence to use the Gift Cards and logos and other promotional images (the Marks) solely in the manufacture of materials used to market and promote the Gift Cards (the Materials) in the United Kingdom on the terms set out in clauses 12 to 17 (the Licence). The Customer shall: (a) not produce, distribute or otherwise use any Materials without B&Q’s prior written approval; provide B&Q with details of all complaints made in relation to the Materials together with reports on the manner in which they are being or have been dealt with, and comply with all reasonable directions of B&Q in relation to the complaints; use the Marks (including as respects colour, printing style, typeface and proportion) only in the form supplied by B&Q or otherwise as directed by B&Q in writing; not use the Marks in combination with any other mark, name, word, device, symbol or logo without B&Q’s prior written approval; not use, register or attempt to register any Marks, company, business or trading names or domain names which are identical or similar to (or which incorporate) any of the Marks or any aspect of them; not do anything (including without limitation branding, promoting or re-selling any Gift Cards without B&Q’s consent) which could, in B&Q’s reasonable opinion, (i) bring any Mark or its registered proprietor into disrepute (ii) damage the goodwill attaching to any Mark or its registered proprietor (iii) result in any Marks becoming generic or the registered proprietor’s rights becoming diluted or (iv) otherwise prejudice or invalidate a registration or application for registration of any Mark; and ensure that the Materials it produces and its use of the Marks comply with all applicable laws, regulations and industry requirements and standards.
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If B&Q believes, on reasonable grounds, that the Customer is failing to comply with any of its obligations under clause 12.1 B&Q shall notify the Customer. On receipt of such notice: (a) the Customer shall take any steps (at the Customer's expense) which B&Q determines are necessary to ensure compliance within a reasonable period; and the Customer shall not sell, distribute or otherwise dispose of any Materials which B&Q determines do not comply with the Customer’s obligations under clause 12.1 without B&Q’s prior written consent.
(b)
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The Customer acknowledges and agrees that all intellectual property and other rights in each Mark are the exclusive property of its registered proprietor and it shall not acquire or claim any right, title or interest in or to any of the Marks or the goodwill attaching to them by virtue of this Licence or its use of the Marks, other than the rights specifically granted to it under clause 11. The Customer shall immediately notify B&Q in writing of any actual, suspected or threatened infringement of the Marks or any allegation or complaint made by any third party that any of the Marks is invalid, that use of the Marks infringes any third party rights, or that use of the Marks may cause deception or confusion to the public. The Customer shall not make any admissions in respect of these matters other than to B&Q and shall, in each case, provide B&Q with all relevant information in its possession.
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The relevant registered proprietor of a Mark shall decide in its absolute discretion whether or not to take action, and what action to take, in respect of any of the matters in clause 14.1 and shall have exclusive control over any resulting claims, actions and proceedings. The provisions of section 30 of the Trade Marks Act 1994 are expressly excluded. The Customer shall provide any assistance which the relevant registered proprietor requires in connection with any of the matters in clause 14.1. Any award of costs or damages or other compensation payment recovered in connection with any of those matters shall be for the account of the registered proprietor. B&Q may (without prejudice to any other right or remedy) terminate the Licence: (a) (b) on 30 days’ written notice; on written notice with immediate effect where the Customer is in breach of any provision of the Contract.
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On termination of the Licence the Customer shall immediately: (a) cease to produce, and procure that any sub-contractor ceases to produce, any Materials using the Marks; and on B&Q’s written request deliver up to B&Q or to any person nominated by B&Q all products and materials, in electronic or hard copy form, under its control on or in relation to which any of the Marks are being or have been used by the Customer or, destroy them and certify in writing B&Q that this has been done. If no request is made the Customer may use, supply or distribute current stocks of products and materials which use the Marks.
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The Customer shall not nor shall purport to assign, transfer, charge or sublicense any of it rights or obligations under the Licence. The Customer shall indemnify B&Q for any loss incurred by B&Q as a result of a breach of this Licence by the Customer. The Contract shall be subject to and construed in accordance with the laws of England and the parties hereto irrevocably submit to the exclusive jurisdiction of the courts of England. If and to the extent any provision in these Conditions is held to be illegal, void of unenforceable, such provision shall be given no effect but shall not invalidate any of the other provisions. The provisions of the Contract and the Gift Card Terms apply to the exclusion of any other terms purported to apply between the parties in relation to Gift Cards. A person who is not a party to the Contract has no right to enforce any term of the Contract under the Contracts (Rights of Third Parties) Act 1999.
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