Gift Card Terms & Conditions
Date: 27 October 2021
Tri State Graphics ABN 31 075 335 143
216 Renmark Avenue Renmark SA 5341
These terms and conditions are important and you should read them fully. But there are some specific terms we wanted to make you aware of.
These are set out below.
We may change the minimum and maximum amounts that can be loaded on Gift Cards at any time. If we do so, we’ll give you notice via our website (see clause 5.3 for more details).
To the extent permitted by law:
(i) we are not liable to you for any loss or damage arising out of or in connection with a Gift Card, these terms and conditions or your use of our website;
(ii) our liability for breach of any condition or warranty implied by consumer law is limited to re-supplying the service or the costs of doing so; and
(iii) any liability we have to you will be reduced by the extent to which you have contributed to the loss or damage (see clauses 10.2(a) and 10.3 for more details).
Terms & Condtions
Definitions In the terms and conditions:
“Card Number” means:
a) in relation to the Physical Gift Card, the 10-digit number that appears on the back of the Physical Gift Card; and
b) in relation to the Digital Gift Card, the 10-digit number that appears on the Digital Gift Card.
“Expiry Date” means: a) for Gift Cards purchased prior to 31 March 2017, the date being 36 months from the date of purchase of the Physical Gift Card, after which any remaining funds on a Gift Card will not be available for Redemption.
“Physical Gift Card” means a Gift Card issued in conventional plastic form.
“Digital Gift Card” means a Gift Card that is purchase via our website and distributed via email.
“Recipient” means the person who receives the Gift Card as the case may be (and for the avoidance of doubt may be the same as the purchaser).
“Redeem” means to reduce the value loaded on your Gift Card by using the Gift Card to purchase goods or services, and “Redeemable”, “Redeemed” and “Redemption” have corresponding meanings.
“Website” means www.tristategraphics.com.au
“Gift Card” means Gift Cards issued by us to you:
A reference to “you” or “your” is a reference to the person who is taken to agree to these terms and conditions under clause
2. Agreeing to the terms and conditions
2.1 These terms and conditions apply to each Gift Card.
2.2 You agree to be bound by these terms and conditions by purchasing, activating, using or attempting to use a Gift Card, or by making a transaction enquiry or exercising any right to Redeem value loaded on a Gift Card.
2.3 By purchasing, activating, using or attempting to use a Gift Card, or by making a transactions enquiry or exercising any right to Redeem value loaded on a Gift Card, you warrant to us that you will comply with these terms and conditions and all applicable laws and that the Gift Card will not be used in any manner that is unlawful, misleading, deceptive, unfair or otherwise harmful to consumers.
2.4 If you are giving a Gift Card to another person, you should ensure that he or she is aware of the terms and conditions that apply to the Gift Card and the relevant Expiry Date of the Gift Card.
3. Purchasing a Gift Card
3.1 Physical Gift Cards can be purchased at our site at 216 Renmark Avenue Renmark SA 5341 or can be sent via post.
3.2 Digital Gift Cards can only be purchased on our Website.
3.3 When purchasing Physical Gift Cards or Digital Gift Cards with Tri State Graphics, payment can be made via cash (in-store only) or credit card.
4. Personalising a Gift Card
4.1 By ordering a Gift Card with wording or an image, you declare you have read and have accepted the content policy.
4.2 There may be an additional cost to you to personalise a Gift Card.
4.3 When personalising a Gift Card you have the choice to:
a) Provide a personal message, and/or
b) Provide your own photo or image onto the Gift Card.
4.4 You warrant that you will only submit a photo that you own copyright in, have the copyright owner’s permission to produce (permission may be given by a parent or guardian on behalf of a minor) or does not infringe any third party’s personal or intellectual property rights.
4.5 If we find inappropriate, offensive or otherwise objectionable messages or images, we reserve the right to remove the offending message and / or image and apply a default Gift Card message and/or image to the Gift Card. Offending material includes, but is not limited to:
a) Potentially offensive material that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
b) Copyrighted or trademarked material not owned by you;
c) Abusive, threatening, obscene, defamatory or libellous statements or imagery; d) Political or religious imagery which is offensive to cultural values;
e) Pornographic or sexually explicit material of any kind; and
f) Advertising or promotional materials or branded products.
4.6 We shall not be obliged to justify our decision, when denying any photo, image or wording personalisation of a Gift Card in accordance with clause 4.5.
4.7. You can use a company logo for A Gift Card if you are the holder of the intellectual property rights of the company logo.
4.8 By submitting a photo or image for personalisation of the Gift Card, you grant us and our subcontractors a royalty free, unrestricted right to use or reproduce such photo or images for the purpose of the production of the Gift Card.
4.9 Variations in colour and quality of the photo or image on the Gift Card provided may occur in the finished product. You acknowledge that the finished photo or image is dependent on the quality of the photo or image submitted.
5. Loading value onto a Gift Card
5.1 A minimum of $10 and a maximum of $500 can be loaded on each Physical Gift Card in-store, at the point of sale via cash, EFTPOS or credit card payment.
5.2 At our absolute discretion, we may change the minimum and maximum amounts that can be loaded on Gift Cards. If we decide to do this, we will publish details on our Website (Terms and Conditions).
5.3 Your Gift Card is valid for use until the Expiry Date.
6. Redeeming your Gift Card or Gift Card
6.1 Your Gift Card can be Redeemed for goods and services from Tri State Graphics up to the value of the Gift Card.
6.2 Gift Cards can be used for online purchases up to the value of the Gift Card. Purchases made online under the value of the Gift Card will not be accepted.
6.5 In addition, you cannot use your Gift Card to purchase:
a) Gift Cards and Vouchers;
b) Goods under the value of the Gift Card
6.6 Gift Cards cannot be refunded or used to obtain cash. You cannot use your Gift Card to make a credit card payment or other transaction payments.
6.7 Resale of Gift Cards is strictly prohibited, except with our prior written consent. If approved, Gift Cards cannot be resold for more than the original purchase price. Gift Cards that are resold in breach of this clause 6.7 will be invalid with the result that purchases of those cards will not be able to use or Redeem unspent value on their Gift Cards.
6.8. Your use of the Gift Card at Tri State Graphics is subject at all times to the policies (and, where applicable, other terms and conditions) regarding the goods and services made available by it. For example, if you are under the age of 16 years, your Gift Card cannot be Redeemed for products such as knives.
6.9 Where the price of the goods or services being purchased with the Gift Card exceeds the Card Balance, you must pay the amount in excess of the Card Balance by an alternative payment method.
6.10 Once your Gift Card has reached its Expiry Date, any unspent value cannot be used or Redeemed by you.
6.11 Once your Gift Card has reached a nil balance it cannot be re-activated.
7. No Recharging of the Gift Card
7.1 After a Gift Card has been activated you cannot subsequently add value to it.
8. Transaction enquiries
8.1 You can check your Gift Card transaction history and Card Balance by:
a) Calling (08) 8586 5815
b) Emailing email@example.com
c) Using the ‘Contact Us’ section of our Website
d) Asking a staff member at Tri State Graphics
8.2 To make a balance enquiry on your Gift Card as set out in clause 8.1, you must provide your Card Number and Card Number when prompted.
9. Lost or Stolen Gift Cards
9.1 You must treat your Gift Card like cash. If your Gift Card is damaged, lost or stolen, please contact us via phone or instore. However we have no obligation to replace or refund value for damaged, lost or stolen or deleted Gift Cards except where we have breached any condition or warranty implied under consumer protection legislation that cannot be excluded in these terms and conditions (for example warranties as to the exercise of due care and skill in providing services and as to fitness for purpose of materials we provide).
9.2 We reserve the right to place a stop on your Gift Card if:
a) you report that your Gift Card has been lost, stolen, damaged or deleted;
b) we believe (or reasonably suspect) that you have used (or will use) your Gift Card contrary to these terms and conditions; or
c) we believe (or reasonably suspect) that there is an error with your Gift Card.
10.1 You are responsible for use and safety of your Gift Card, and are liable for all transactions made using your Gift Card.
10.2 Subject at all times to the exceptions in clause 10.3: a) we are not liable to you for any loss or damage (whether direct, indirect, consequential or special) either in negligence, tort, breach of contract, breach of warranty or for any other reason or cause whatsoever, arising out of or in connection with a Gift Card, these terms and conditions or your use of the Website, including any loss or corruption of data, interference with or damaged to your computer or any interruption, delay or failure of the Website; and b) you agree to indemnify us against any claim, damages or expenses we suffer in connection with the use of your photo, including any infringement of another person’s intellectual property rights or unauthorised use of any image of any other person.
10.3 The exclusion of our liability and indemnity in clause 10.2 only applies to the extent permitted by law. Where consumer protection legislation implies any condition or warranty that cannot be excluded in these terms and conditions, we limit our liability for breach of any such implied conditions or warranties to re-supply of the services (or cost thereof). Any liability we have to you will be reduced by the extent (if any) to which you caused or contributed to the loss or damage. This clause 10 will apply even after this agreement has ended.
11. Relationship with us
11. 1 Gift Cards may be used as personal or business gifts, but must not be used in connection with any marketing, advertising or other promotional activities (including without limitations to websites, internet advertisements, email, telemarketing, direct mail, newspapers and magazine advertisements, and radio and television broadcasts) unless you obtain our prior written approval. Gift Cards that are used in marketing, advertising or other promotional activities in breach of this clause 11.1 will be invalid with the result that Recipients of those cards will not be able to use or Redeem unspent value on their Gift Cards.
11.2 Use of our name or brands, or any names, logos or get-up of Gift Cards (other than in connection with the purchase or use of Gift Cards), is strictly prohibited.
11.3 You must not use a Gift Card in any manner that states or implies that any person, website, business or product or service is endorsed or sponsored by or otherwise affiliated with us or any of our subsidiaries or affiliates.
12. Errors and complaints
12.1 If you have questions or if you wish to make a complaint about your Gift Card, contact us via:
a) Using the ‘Contact us’ section of the Website; and/or Calling our store directly on (08) 8586 5815.