Terms

Please take a moment to read the following terms carefully.
By using our Website or placing an Order with us, you agree with these terms in full. If you do not accept these terms and conditions you will not be able to Order with us. We will occasionally update or revise these terms and conditions. Please check back here for any changes and/or amends. If you need to contact us for any reason, you can do so using the details on the ‘Contact Us’ page on the Website.

1. Understanding these terms & conditions

When we refer to "Fazenda", “we”, “us”, or “our”, we mean Southern Wind Group Limited, a company registered in England and Wales under company number 13198505 whose registered office address is at Suite 1a 17 Old Leeds Road, Huddersfield, West Yorkshire, HD1 1SG.
When we refer to “you” or “your” we mean you, the individual accessing and/or using our Website or placing an Order with us.
“Website” means this website, fazenda.co.uk.
“Products” means the Downloadable Gift Cards and Physical Gift Cards available for purchase on our Website.
“Order” means the Products you have purchased on our Website and scheduled for a Delivery.
“Delivery” means the physical or digital Delivery of the Order you have placed on our Website.
“Downloadable Gift Card” means the electronic gift card Product downloadable to your computer, tablet or smart phone.
“Physical Gift Card” means a hard copy gift card delivered to your Delivery address.

2. Products

We take care to ensure Product descriptions, pictures and information are accurate.

We may make minor changes to the Products to reflect changes in relevant laws and regulatory requirements or to implement minor technical adjustments and improvements.

3. Your Order

You may purchase Products from us by using the ordering facility on our Website.

To place an Order with us, you must be 18 years of age.

To purchase Products from us you must add each Product to your shopping basket on the Website.

You may add, change, or remove any Product from your shopping basket before confirming your Order. You may also change the Product quantities before confirming your Order.

You must ensure the details you provide us with are complete and accurate, including your Delivery address or email address and instructions as explained in clause 5.6 .

No Order is accepted until you receive an Order confirmation email from us which will list all the Products you have ordered, prices, and Delivery details. A contract for our sale of Products to you arises on our acceptance of your Order. If we are unable to accept your Order, we will inform you of this and will not charge you for the Products. This might be because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Product or because we are unable to meet a Delivery deadline you have specified.

If you have placed an Order for a Physical Gift Card which we do not have due to a limit on our resources as stated above, you may be offered a Downloadable Gift Card instead with a refund on the Delivery charges, or the right to receive total refund.

If there are any errors in the Order confirmation, please contact us via the link on our Website as soon as possible.

You must inform us of any changes to your details, either by updating your details via your account on our Website or by contacting our team. You must notify us of these changes before your Order is dispatched. We are not responsible for Physical Gift Cards being delivered to the wrong address when a wrong address has been entered whilst placing the Order nor are we responsible for a Downloadable Gift Card being delivered to the wrong email address when a wrong email address has been entered whilst placing the Order. We will be happy to dispatch a new one in such cases but you will be responsible for shipping charges.

You are responsible for all activity on your account and any Orders that are placed, modified, or cancelled under your password.

We reserve the right to suspend or close your account with us at our discretion.

The personal details you give us when setting up an account are governed by our Privacy Policy. Please make sure you read the Privacy Policy which can be found here.

4. Payments

The price for the Products will be the price indicated on the Order pages when you placed your Order. We take all reasonable care to ensure that the price of the Product advised to you is correct. However please see 4.2 for what happens if we discover an error in the price of the Product you order.

It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your Order so that, where the Product's correct price at your Order date is less than our stated price at your Order date, we will charge the lower amount. If the Product's correct price at your Order date is higher than the price stated to you, we will contact you for your instructions before we accept your Order. If we accept and process your Order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any Products provided to you.

You must ensure you provide us with details of a valid credit or debit card. You may make changes to your payment details by updating them via your account on this Website or by contacting our team. Please do not send payment card details via e-mail. We will take payment for the Products before we dispatch them.

Your payment information is stored within our systems and we do our utmost to ensure the security of these details. Your card details are encrypted, stored and processed by a fully PCI compliant third-party provider and are inaccessible to any of our staff or any other third party. We also use Dynamic 3D Secure authentication technology to protect against fraud.

We reserve the right to suspend or cancel your Order, or Deliveries to you, if we are refused authority from your card issuer for payment or if a payment has been rejected by your bank. You must contact us to arrange payment and wait for that payment to go through before you can place another Order.

5. Deliveries

If you have placed an Order for a Downloadable Gift Card, we will make the Product available for download by you as soon as we accept your Order. See clause 5.6 for what happens if you provide us with the incorrect email address.

If you have placed an Order for a Physical Gift Card, we will deliver the Product in accordance with clauses 5.3 to 5.11 below.

The Delivery charges for a Physical Gift Card will be as displayed to you on our Website.

We use Royal Mail to deliver your Orders.

We will deliver the Products to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your Order.

You are responsible for the Delivery details given to us when you place your Order. Should you give us an incorrect email address, address, postcode, or no Delivery instructions, you should notify us immediately. We will endeavour to deliver your Order to the revised address. If it’s not possible to make the Delivery to the revised address, you may want to end the contract.

If your delivery is refused or not accepted at the delivery address, we cannot take responsibility for this. A new gift card can be issued but relevant shipping costs will need to be covered by you.

If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received.

Unfortunately, we are unable to deliver outside of the U.K.

The Products will be your responsibility from the time we deliver them to the address you gave us or we make available the Product to available to you to download.

You will own the Products once we have received payment in full.

6. Ending the contract

You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the Product repaired or replaced or a service re-performed or to get some or all of your money back);

If you want to end the contract because of something we have done or have told you we are going to do, see clause 6.2;

If you have just changed your mind about the Product, see clause 6.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any Products.

Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 6.2.1 to 6.2.3 below the contract will end immediately and we will refund you in full for any Products which have not been provided and you may also be entitled to compensation. The reasons are:

we have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed;

there is a risk that supply of the Products may be significantly delayed because of events outside our control;

you have a legal right to end the contract because of something we have done wrong.

Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most Products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

When you don't have the right to change your mind. You do not have a right to change your mind if you have started to use the Products even partially.

How long you have to change your mind. How long you have to change your mind depends on what you have ordered and how it is delivered:

Subject to clause 6.4, if you have ordered a Downloadable Gift Card, you have 14 days after the download was made available to you.

Subject to clause 6.4, if you have ordered a Physical Gift Card, you have 14 days after the day you receive the Physical Gift Card.

7. How to end the contract with us (including if you have changed your mind)

To end the contract with us, please let us know by doing one of the following:

Phone or email. Call or email us on the contact details on the Website. Please provide your name, home address, details of the Order and, where available, your phone number and email address.

Online. Complete the form on our Website.

By post. Print off the form below and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.

Returning Products after ending the contract. If you end the contract for any reason after Products have been dispatched to you or you have received them, you must return them to us. You must post Physical Gift Cards back to us at the address on the Website. You must email Downloadable Gift Cards to us at the email address on the Website and delete any downloaded copy. [The Downloadable Gift Card will also be deactivated by us. If you are exercising your right to change your mind you must send off the Products within 14 days of telling us you wish to end the contract.

We will refund the costs of the return at the same time as refunding for the Products upon evidence of the return costs incurred:

if the Products are faulty or misdescribed; or

if you are ending the contract because of an error in pricing or description, a delay in Delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

In all other circumstances including where you are exercising your right to change your mind you must pay the costs of return.
We will refund you the price you paid for the Products including Delivery costs, by the method you used for payment. However, we will only refund the value of the cheapest Delivery method we offer.

We will make any refunds due to you as soon as possible and no later than 14 days from the day on which we receive the Product back from you or, if earlier, the day on which you provide us evidence that you have sent the Product back to us.

8. If there is a problem with the Product

If you wish to make a complaint, please contact our team using the details on our Contact Us page. We will do our very best to respond to your complaint as quickly as possible.

If you wish to exercise your legal rights to reject Products you must, post them back to us if they are a Physical Gift Card. We will pay the costs of postage or collection. Please call or email us on the contact details on the Website.

9. Our responsibility for loss or damage suffered by you

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products including the right to receive Products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective Products under the Consumer Protection Act 1987.

If the Downloadable Gift Card which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

We are not liable for business losses. We only supply the Products for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

10. Other important terms

Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms 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.

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.

Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the Products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Products in either the Northern Irish or the English courts.