The Body Shop Gift Cards Terms and Conditions
Last updated on 02/11/2022
1. These terms and conditions apply to the use of The Body Shop physical gift cards (“Gift Cards”), digital codes for online only redemption (“Digital Code”) and email gift cards (“E-Gift Cards”) together ("TBS Gift Cards").
2. By purchasing or using a TBS Gift Card you accept and agree to these terms and conditions (“TBS Gift Card Terms”).
3. We may amend these TBS Gift Card Terms from time to time. Any such amendment shall be effective once the revised terms have been posted on the site. Please check this website regularly for updates. Nothing in these TBS Gift Card Terms affects your statutory rights.
4. When you use a TBS Gift Card the amount of your purchase will be deducted from the balance on the Gift Card. You may use the TBS Gift Card as part payment for goods of a higher value than the value on the TBS Gift Card upon payment of the difference.
GIFT CARDS NO PIN ON REVERSE– INSTORE USE ONLY
5. Validly activated Gift Cards without pin are redeemable in full or part payment for goods from The Body Shop stores in Australia.
6. To check the balance on your Gift Card, simply take the Gift Card to one of our stores in Australia and ask a sales assistant for a balance enquiry, you will then have the option to request a printed balance, alternatively you may call 1800 065 232.
7. Should you wish to upgrade your Gift Card without pin to a Digital Code to make purchases online only, contact Customer Care on 1800 065 232 who will be able to transfer any valid balance to a Digital Code. Please see below for further information on Digital Codes.
GIFT CARDS WITH PIN ON REVERSE – INSTORE AND ONLINE USE
8. Validly activated Gift Cards with a PIN on the reverse under a scratch off panel are redeemable in full or part payment for goods from The Body Shop stores in the AU, and can also be used for on-line purchases at https://www.thebodyshop.com/en-au/.
9. For online purchases the long card number together with the PIN on the reverse (under the scratch off panel) can be entered in the Gift Card payment section of our website.
10. To check the balance on your Gift Card you can visit https://www.thebodyshop.com/en-au/gift-card-balance or take the Gift Card to one of our stores in Australia and ask a sales assistant for a balance enquiry, you will then have the option to request a printed balance, alternatively you may call 1800 065 232.
E-GIFT CARDS– INSTORE AND ONLINE USE
11. Validly activated E-Gift Card are redeemable in full or part payment for goods from The Body Shop stores in Australia and for online purchases at https://www.thebodyshop.com/en-au/.
12. For use in store- please print the E-Gift Card and bring in the printed Barcode and PIN into store where our sales assistant will be happy to help you, or for online purchases the long card number together with the PIN can be entered in the Gift Card payment section of our website.
13. Balance on E-Gift Cards can be checked as per section 10 above.
SALE OF TBS GIFT CARDS
14. TBS Gift Cards can be purchased in-store at any store and online from our website https://www.thebodyshop.com/en-au/ (“Web Sales”) where you will be directed to an external website managed by Diggecard UK Ltd ("Diggecard") with its registered office at Crowthorne House, Nine Mile Ride, Crowthorne, Wokingham RG40 3GE registered in England with Company No. 11448044
15. The minimum amount required to purchase a TBS Gift Card is $5.00, up to a maximum limit of $500 on any single TBS Gift Card.
16. Web Sales payment can be made via VISA or MasterCard debit or credit card. Payment by TBS Gift Card is not accepted.
17. Payment is taken at the time of purchase of the TBS Gift Card. Cleared payment is required prior to the despatch of orders. Your credit/debit card statement will read “The Body Shop Gift Card”.
18. Each transaction is subject to various fraud checks and The Body Shop (and third party service providers, including Diggecard) reserves the right to refuse an order if the payment is subject to additional verification or scrutiny or for any other reason, without providing explanation.
19. Digital Codes and E-Gift Cards ordered though Web Sales will be sent to the email address stated in the individual order. Despatch will usually be immediate but could be up to 48 hours after receipt of payment.
20. Where possible The Body Shop (and third party service providers, including Diggecard) will try to meet all delivery requirements but neither Diggecard nor The Body Shop shall be liable for any loss incurred either directly or indirectly by failure to meet the requested delivery date. ‘Loss’ in this instance includes any loss of profit, costs, damages, charges, other expenses, consequential losses and non-financial losses.
21. Risk will pass to the customer upon delivery and title will pass upon receipt of payment in full. Neither Diggecard nor The Body Shop has any liability for lost, stolen or damaged TBS Gift Cards once risk has passed to the customer at time of delivery.
22. Except where required by law, refunds will not be given on the purchase of a TBS Gift Card. Once your payment has been received your order can only be cancelled by phoning 1800 065 232.
23. Diggecard is not directly linked to The Body Shop or any The Body Shop company. Diggecard does not take responsibility for products and services offered by The Body Shop or any The Body Shop companies. In addition, The Body Shop shall not be responsible for services offered by Diggecard and its associated companies.
24. The collection and management of your credit card data and personal information which is collected, processed and managed is solely used to authorise payment and is not stored by Diggecard or The Body Shop for any other purpose. Both Diggecard and The Body Shop reserve the right to share transactional information with any law enforcement body if requested. For the purposes of these T+Cs The Body Shop Privacy Notice (https://www.thebodyshop.com/en-au/termsconditions/services/privacy-policy) applies.
25. TBS Gift Card quantities (number of TBS Gift Cards ordered and value loaded on each TBS Gift Cards) should be checked immediately upon receipt. Any discrepancies must be notified immediately to The Body Shop Customer Service by calling 1800 065 232. Except where required by law, neither Diggecard nor The Body Shop can be held responsible for any shortage or loss of any TBS Gift Cards not notified to Diggecard within seven working days of delivery or the specified delivery date in respect of lost cards.
26. Neither the Body Shop or Diggecard will be held responsible for failure to meet its service obligations when any failure is brought about due to a cause beyond its reasonable control, for example: acts of God, trade disputes; governmental intervention, fire, flood, and disruption to computer and IT infrastructure.
27. Whilst the contents of the card website are checked for accuracy, neither The Body Shop nor Diggecard will be held responsible for omissions or errors or any statements made on the site. Nor are The Body Shop or Diggecard responsible for any losses incurred if information is used from the website or if accessing the site may result in viruses to your computer equipment.
USE OF TBS GIFT CARDS
28. All TBS Gift Cards expire, and any unspent funds thereon will be forfeited, if not used for purchases 36 months following activation. You will not be reminded when your TBS Gift Card is about to expire, and it is your sole responsibility to ensure that any balance is used in full prior to expiry.
29. Funds on TBS Gift Cards cannot be redeemed for cash or any other tender at any time. No change will be given but any remaining balance will remain on the TBS Gift Card to be applied to future purchases. TBS Gift Cards may not be exchanged for a different currency or other type of TBS Gift Card.
30. All refunds of goods or services purchased with a TBS Gift Card will be made in accordance with The Body Shop’s refund policy. Refunds for goods purchased with a TBS Gift Card will be paid back onto a TBS Gift Card.
31. Subject to applicable laws, we reserve the right to cancel any TBS Gift Card and/or suspend or permanently discontinue the TBS Gift Card programme altogether, or any part thereof (including online redemption), if we consider such action is legally necessary. Such action may be necessary, for example, to comply with applicable law or regulation, if there is reasonable evidence of tampering or fraud, or as a result of circumstances beyond our reasonable control. We reserve the right to correct the balance of a TBS Gift Card if a clerical or accounting error has occurred, including if your payment of the TBS Gift Card is disputed or not received.
32. We cannot replace the TBS Gift Card if lost or stolen. Please treat the TBS Gift Card with the same level care as you would cash. They will not be replaced if lost, stolen or damaged. TBS Gift Cards are not a cheque guarantee, credit or charge card.
33. We reserve the right to refuse to accept a TBS Gift Card as payment if there is reasonable evidence of tampering or fraud, or if the TBS Gift Card is mutilated, altered, damaged or defaced in any way.
34. If you believe a TBS Gift Card may be damaged, defective or not working, please contact the Customer Care Team as soon as possible by calling 1800 065 232.
35. To avoid doubt, TBS Gift Cards cannot be used for purchases or redeemed through (a) a The Body Shop At Home™ consultant; or (b) any other third party seller of The Body Shop products.
PERSONALISATION OF E-GIFT CARDS
36. By requesting personalisation of an E-Gift Card, the following terms and conditions apply to any content that you submit to The Body Shop (or its third party service provider, including Diggecard) during the personalisation process (“Personalisation Content”). You represent and warrant that:
(a) You are the sole author and owner of the intellectual property rights to the Personalisation Content;
(b) All "moral rights" that you may have in the Personalisation Content has been voluntarily waived by you;
(c) Use of the Personalisation Content does not violate these Terms and Conditions and will not cause injury to any person or entity.
37. You further agree and warrant that you shall not submit any Personalised Content:
- That infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- That violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
- For which you were compensated or granted any consideration by any third party;
- That includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
- The includes advertising or promotional materials of a third party;
- That contains any computer viruses, worms or other potentially damaging computer programs or files.
38. If the Personalised Content you submit violates any of the above warranties, The Body Shop or its third party service provider, may remove the Personalised Content and apply a default gift card message and/or image to the E-Gift Card.
39. You agree to indemnify and hold The Body Shop Australia (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to Diggecard.), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
40. For any content that you submit, you grant The Body Shop Australia a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world for the purposes of fulfilling your request to personalise an E-Gift Card, without compensation to you.
41. The Body Shop Australia reserves the right to change, condense or delete any Personalised Content that The Body Shop Australia deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use. The Body Shop Australia does not guarantee that you will have any recourse through The Body Shop Australia to edit or delete any content you have submitted. None of the content that you submit shall be subject to any obligation of confidence on the part of The Body Shop Australia, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.
Photo guidelines
42. When submitting images, you must follow the technical requirements as specified in the personalisation process.
43. If you are not the copyright holder, you may not submit copyrighted images. Objectionable images will be rejected.
Video guidelines
44. When submitting videos, you must follow the technical requirements as specified in the personalisation process.
45. If you are not the copyright holder, you may not submit copyrighted videos. Inappropriate videos will be rejected.
GENERAL
46. The images on the website including trademarks can only be used with the permission of the owner.
47. Breach of the TBS Gift Card Terms by you will entitle Diggecard and/or The Body Shop to seek the appropriate legal remedy available for injunction, damages or otherwise.
48. These TBS Gift Card Terms shall be governed by and construed in accordance with the laws of Victoria, Australia. Any disputes arising under or in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Victoria.
49. TBS Gift Cards are issued by and remain the property of The Body Shop Australia Pty Limited (ABN 47 602 683 349), Chadstone Tower Level 7, 1341 Dandenong Road, Chadstone VIC 3148.