Cancellation of contract

For purchases made using the Cheers website or the Cheers call centre, the Consumer has the right, in addition to its other rights, to cancel the contract and receive a refund.  To do so, the Consumer must inform Cheers in writing of its desire to cancel within seven (7) working days, starting on the day after the delivery of the Cards and/or Services to the Consumer.  In order to claim a refund the Consumer must return the Cards to Cheers at the Consumer's cost and must adequately insure the Cards during any return shipment.  The Consumer can ask Cheers to arrange for collection of any Cards that the Consumer wishes to return but Cheers will charge for any collection service and may deduct this charge from any refund.  Cheers shall refund the total amount of money paid by the Consumer for the Cards and/or Services, less any collection costs, within 30 days, starting with the day on which Cheers receives a notice of cancellation in writing.  Once the Consumer has notified Cheers of its desire to cancel the contract, the Consumer must take good care of the Cards, and ensure they remain unused and undamaged with no PINs visible.

SECTION B: CHEERS TERMS FOR RE-SELLERS

Re-sellers must display the most recent version of any posters or other advertising material supplied by Cheers from time to time. All such materials will at all times be prominently displayed at the point of sale and clearly visible to the Re-seller's customers. 

SECTION C: GENERAL CHEERS TERMS FOR CUSTOMERS

The Cards and/or the Goods remain the property of Cheers until full payment is received from the Customer. 

Payment

If the Customer does not pay by credit or debit card, payment shall be made within the number of days specified in the “Terms of Payment” section of the invoice.

If the Customer pays by credit or debit card, payment shall be made as promptly as practicable and Cheers will not be obliged to fulfil any order for Cards and/or Services until it has received appropriate authorisation from the relevant debit or credit card company. The Customer must inform Cheers if it is making a purchase in excess of its debit or credit card limit, if its debit or credit card limit changes, or if the debit or credit cardholders’ name changes. If for any reason the debit or credit card company rejects or does not receive payment from the Customer, or if Cheers for any other reason does not receive full payment so that the purchase price remains unpaid to Cheers, Cheers reserves the right to: (i) cancel any outstanding orders of the Customer; and/or (ii) suspend the functioning of any Cards and/or Services already provided to the Customer; and/or (iii) claim the unpaid amount from the Customer.

The "Pay" amount or the "Total Due" amount (as applicable) notified to the Customer is inclusive of VAT (unless otherwise stated). Cheers shall be entitled to charge interest on a monthly basis at 2% above Barclays Bank's base rate (as amended from time to time) on any outstanding amounts due and not paid, both before and after judgment.  The Customer shall bear full liability for all costs incurred by Cheers in collecting any such amounts.

Cheers will deliver any Goods and/or Cards ordered to the delivery address supplied by the Customer when placing an order.  The Customer is liable for any charges made for delivery outside the United Kingdom. Cheers is entitled to deliver any Customer order in instalments.  Subject to other provisions of these Cheers Terms, all Customer orders will be despatched within seven (7) days of Cheer's receipt of the order. For Cheers' performance, time is not of the essence. Cheers reserves the right to suspend delivery of Cards and/or Services if full payment is not made in accordance with these Cheers Terms.

Customer orders of Goods and/or Cards and/or Services are subject to availability.  In the unlikely event that any Goods and/or Cards and/or Services are unavailable, the Customer will be notified by Cheers. Availability information is subject to change without notice. Any alleged shortages, discrepancies or damage to the Cards may, at the sole discretion of Cheers, be exchanged if returned to Cheers within seven (7) working days of receipt by the Purchaser; however, Cheers has the right to refuse return of Cards if they have been used, damaged or if any of the PINs on the Cards have become visible in any way.

Customer personal data

BY USING THE CHEERS WEBSITE OR PURCHASING CARDS AND/OR SERVICES THE CUSTOMER AGREES TO THE FOLLOWING USES OF PERSONAL DATA BY CHEERS. Cheers will use personal data relating to the Customer's current and past purchases and use of Cheers' services and may share this data with other companies in the European Economic Area for marketing, research, maintenance of credit records and other purposes, including the marketing of premium rate services for voice calls or information services. Cheers may make enquiries about the Customer, including searching the Customer's records held from time to time by any credit reference agency which will keep details of Cheers' search. This information may be used to help Cheers and other organisations assess the financial risks of dealing with the Customer, to administer contracts with the Customer and to help prevent or detect fraud or other crimes and recover debts.

Liability

THE CUSTOMER SHALL ASSUME ALL RESPONSIBILITY AND LIABILITY FOR THE CARDS AND/OR SERVICES AS OF THE DATE OF RECEIPT, DELIVERY OR COLLECTION OF THE CARDS AND/OR SERVICES.  ON RECEIPT, DELIVERY OR COLLECTION BY THE CUSTOMER, CHEERS SHALL HAVE NO FURTHER LIABILITY WHATSOEVER IN RELATION TO THE CARDS AND/OR SERVICES, EXCEPT THAT CHEERS DOES NOT EXCLUDE LIABILITY FOR FRAUD OR FOR DEATH OR PERSONAL INJURY. SUBJECT TO THE PRECEDING SENTENCE, CHEERS ACCEPTS NO LIABILITY FOR LOSS OF DIRECT BUSINESS REVENUE OR PROFITS, ANTICIPATED SAVINGS OR WASTED EXPENDITURE OR FOR ANY INDIRECT OR CONSEQUENTIAL LOSS WHATSOEVER. THE CUSTOMER'S SOLE REMEDY IN RESPECT OF ANY CLAIM SHALL BE THE SUPPLY OF REPLACEMENT GOODS AND/OR SERVICES BY CHEERS OF EQUAL VALUE TO THE FACE VALUE OF THE CARDS AND/OR SERVICES ALREADY PROVIDED. NO REFUND WILL BE MADE BY CHEERS TO THE CUSTOMER IN RESPECT OF ANY UNUSED TIME LEFT ON CARDS AT THEIR EXPIRY DATE.

IN SUPPLYING THE CARDS AND/OR SERVICES TO THE PURCHASER, CHEERS ACCEPTS NO LIABILITY FOR FAILURE OF A THIRD PARTY MOBILE OR FIXED TELECOMMUNICATIONS SYSTEM OR FOR INFERIOR QUALITY RECEPTION ON TELEPHONE LINES OR OTHERWISE FOR THE ACTS OR OMISSIONS OF TELECOMMUNICATIONS SERVICE PROVIDERS OR FOR FAULTS IN OR FAILURE OF THEIR APPARATUS, INCLUDING DISCONNECTION OF CALLS. FOR THE AVOIDANCE OF DOUBT, CHEERS SHALL NOT BE LIABLE FOR ANY TELECOMMUNICATION CHARGES PAYABLE TO ANY THIRD PARTY ARISING OUT OF THE USE OF CARDS AND/OR SERVICES.

Customer use

The Customer undertakes not to use the Cards and/or Services in a manner which is unlawful, defamatory, offensive, menacing, obscene, or which infringes the rights of any person, firm or company in any way. Cheers may suspend the operation of any Goods and/or Cards and/or Services if, in its absolute discretion, it believes such Goods and/or Cards and/or Services are being misused, or to comply with any order or request of government, the emergency services or another competent administrative authority.

Miscellaneous

These Cheers Terms supersede all other contracts, agreements or arrangements and constitute the entire agreement between the Customer and Cheers for the purchase of Cards and/or Services. These Cheers Terms shall be governed by and construed in accordance with the laws of England and Cheers and the Customer submit to the exclusive jurisdiction of the English courts. If any part of these Cheers Terms is deemed void or unenforceable for any reason, then that part will be deemed severable and the validity and enforceability of the remaining terms will not be affected. Cheers reserves the right to modify these Cheers Terms at any time, such modifications becoming effective immediately upon the posting of the modified Cheers Terms on the Cheers website.

If you have any problems with your order, please send an email to info@cheersinternational.com or write to Cheers at the postal address at: Cheers International