INTRODUCTION
The Topaz Gift Card is available in euro (€) only. The Card is not a credit card or a charge card nor is it a debit card linked to a current account. It is a prepaid card which means that money must be loaded onto the Card at the time of purchase; once two Business Days have elapsed from the date of purchase, cardholders can use the Card to pay for purchases at Participating Topaz Outlets. The Card is issued by the Governor and Company of Bank of Ireland (“Bank of Ireland”) subject to these terms and conditions. GVS Gift Voucher Shop Limited will provide customer service and certain other administrative functions in respect of the Card programme.
Bank of Ireland is regulated by the Central Bank of Ireland.
Certain limits apply to the Card. A maximum value of €500 may be loaded onto the Card at the time of purchase; the minimum load value is €15. Only full €1 amounts (or multiples thereof) may be loaded onto the Card. Additional amounts may not be loaded onto the Card at any time. Interest will not be payable in respect of Card balances.
Certain fees and charges apply to the Card; see Clause 5 of these terms and conditions.
1. DEFINITIONS
“Agreement” means the agreement between you, us and Gift Voucher Shop, which includes these terms and conditions.
“Business Day” means any day from Monday to Friday excluding Irish bank or public holidays.
“Card” means the Topaz Gift Card, a prepaid card denominated in euro, or any replacement card which we issue to you from time to time.
“Card Purchase” means any transaction whereby the Card is used to pay for goods and/or services at Participating Topaz Outlets.
“Expiry Date” means the date which is 12 months from the date of purchase; if you do not know the Expiry Date you can call Gift Voucher Shop on (01) 8708111 and they will tell you the date.
“Gift Voucher Shop” means GVS Gift Voucher Shop Limited, having its registered office at Unit 4, Swords Business Park, Swords, Co. Dublin.
“Participating Topaz Outlet” means a Topaz service station outlet in Ireland which has agreed to accept the Card as payment for goods and/or services.
“We” (or “we”) and “us” means The Governor and Company of the Bank of Ireland (“Bank of Ireland”) whose head office is at Lower Baggot Street, Dublin 2 and its successors, assigns and transferees.
“You” (or “you”) and “Your” (or “your”) means the person who purchased the Card or the person in possession of the Card from time to time who has been gifted the Card by the purchaser.
2. CARD
2.1 The use of the Card is subject to the terms of this Agreement as may be varied by us from time to time. The most up to date version of the terms and conditions is available at www.topaz.ie. Usage of the Card constitutes your acceptance of these terms and conditions.
2.2 The Card will not be personalised. The Card is transferable by delivery. We will assume, unless and until you tell us to the contrary, that the person who uses the Card at any time is the rightful user of the Card.
2.3 The Card will normally be available for use within two Business Days from the date of purchase; the Card may not be used in the intervening period.
2.4 Please record your Card number or retain the purchase receipt as proof of purchase; the Card number will be needed to redeem your Card balance or if your Card is lost or stolen (see Clauses 9 and 10 of these terms and conditions).
2.5 You may use the Card, in accordance with any instructions issued by us from time to time, until the Expiry Date or until the Card balance reaches zero, whichever happens first; this Agreement will automatically terminate at that time. Any balance left on the Card on the Expiry Date shall be forfeited and paid to Gift Voucher Shop.
2.6 The Card belongs to us. It must be returned to us (cut in half vertically) immediately upon request. We or any person acting on our behalf (including Gift Voucher Shop and Topaz outlet staff) may retain the Card at any time without notice to you.
2.7. We may, at our discretion, block the use or operation of the Card in circumstances where;
Where the Card is so blocked, you will be advised as to how the block may be removed.
3. PROTECTING YOUR CARD
You must:
- treat the Card as if it were cash;
- take all reasonable care and precaution in the custody of the Card and ensure that the Card is not lost, mislaid or stolen;
- keep your transaction receipts safe and dispose of them carefully; and
- never give your Card number or any other Card information to anyone unless you know who they are and why they need them.
4. USING YOUR CARD
4.1 The Card may only be used in Participating Topaz Outlets. The list of Participating Topaz Outlets is available online at www.topaz.ie; the list of Participating Topaz Outlets may change from time to time.
4.2 We will debit the amount of all Card Purchases to the Card. You must not use the Card to spend more than the Card balance at any time. If you attempt to spend more than the Card balance your transaction may be declined.
4.3 You must not:
- use the Card after the Expiry Date or after any notification of its withdrawal is given to you;
- use the Card once the Card balance reaches zero;
- use the Card after this Agreement has been terminated; or
- use the Card as payment for any illegal purchase.
4.4 You cannot stop a Card Purchase after it has been authorised.
4.5 We will not issue Card statements. You can obtain your Card balance or obtain information about previous Card Purchases by logging onto www.topaz.ie. You are responsible for monitoring your Card balance and for ensuring that there are sufficient funds on the Card at all times to pay for Card Purchases.
4.6 If at any time you believe that a Card Purchase has been incorrectly debited to your Card you must notify Gift Voucher Shop immediately by calling (01) 8708111 and in any event within thirteen months of the date of the Card Purchase. If requested, you must put your query in writing. In the absence of any fraud or gross negligence on your part, Gift Voucher Shop will immediately refund the amount of any such incorrectly debited Card Purchase to your Card.
4.7 If the amount of a purchase which you wish to make using your Card is greater than the available balance, you can pay the difference in cash or by another payment method.
4.8 Neither Bank of Ireland nor Gift Voucher Shop will be liable for any goods or services paid for using the Card. Any queries or complaints about such goods or services should be addressed to the relevant Participating Topaz Outlet(s).
5. FEES AND CHARGES
5.1 The amounts of fees and charges and details of when they will be payable are set out in the table below. The Issuance Fee must be paid separately at the time of purchase of the Card; all other fees and charges will be debited directly to the Card as they arise.
Type of Transaction |
Amount of Fee |
| Redemption Fee (payable on redemption)
NB: This refers to a non-retailer based redemption, processed through Gift Voucher Shop. |
€8 or the balance on the Card, if lower |
| Card Replacement Fee (if the Card is lost or stolen and we issue a replacement Card at your request) |
€8 per Card |
6. CHANGES
6.1 We reserve the right at all times to introduce new Terms and Conditions and to vary or amend the existing Terms and Conditions by giving you two months notice thereof by whatever means we, in our discretion deem appropriate, in which circumstances you shall be free to cancel this Agreement with us, in which circumstances the Redemption Fee will not apply. In the absence of any prior notice to the contrary, you will be deemed to have accepted such revised Terms and Conditions with effect from their notified effective date.
6.2 We reserve the right at all times to vary any and all applicable fees and charges by giving you two months notice thereof by whatever means we, in our discretion deem appropriate, save where the variation is to your benefit in which circumstances we may implement such variation with immediate effect and notify you thereafter
7. RESTRICTIONS ON USE OF THE CARD
7.1 The following Card limits will apply:
| Minimum Load Amount |
€15 |
| Maximum Load Amount |
€500 |
7.2 If at any time:
- you are in breach of any of the terms of this Agreement; or
- we have reasonable grounds to suspect fraud, theft or dishonesty;
we will be entitled to take such steps as we consider reasonably necessary to restrict your right to use the Card, which, without limitation, shall include, without prior notice to you, refusal to authorise a Card Purchase, suspension, withdrawal or cancellation of your Card.
8. RESTRICTED TRANSACTIONS
8.1 The Card can be used for Card Purchases in Participating Topaz Outlets in Ireland only; the Card may not be used abroad.
8.2 The Card cannot be used in automated teller machines (“ATMs”) to obtain cash.
8.3 The Card cannot be used to purchase goods or services by mail order or on the internet. The Card may only be used to purchase goods or services by telephone from selected Participating Topaz Outlets in Ireland; the relevant outlets will be listed on www.topaz.ie from time to time.
9. REDEMPTION
9.1 You may at any time prior to the Expiry Date request us to repay to you the remaining balance on the Card by calling Gift Voucher Shop on (01) 8708111 and quoting the Card number. The minimum redemption amount is €8. You must not use your Card after you ask us to repay the balance to you. In order to allow any outstanding Card Purchases to clear, Gift Voucher Shop will refund the balance to you, via cash, cheque or a bank draft, minus any fees within fifteen Business Days of such a request. The redemption fee set out in Clause 5 will apply.
10. THEFT, LOSS OR MISUSE OF CARD
10.1 You should treat the Card as if it were cash. If the Card is lost, stolen, damaged or fails to operate correctly or if the Card number becomes known to any unauthorised person you must immediately notify Customer Services (details below). You must quote the Card number; if you do not quote the Card number we will not be able to cancel the Card or issue a replacement Card under Clause 10.2. If your notification is made orally it must be confirmed in writing within fourteen days. Once notification has been given in accordance with this Clause 10 you must not subsequently use the Card. You shall not be liable for any transactions carried out after you have notified us of the loss or theft of the Card. In addition, any transactions which are proven to be fraudulent to our reasonable satisfaction will be recredited to the Card. However, you will be liable for any use of the Card or Card number by any person before any notification is received (subject to confirmation as above) as if you had used the Card personally.
Notification Under This Condition Should Be Made To:
Gift Voucher Shop
PO Box 8942
Malahide
Co. Dublin
Telephone: (01) 8708111
10.2 Subject to Clause 10.1, if there is a credit balance on the Card at the time when the Card is lost or stolen, we will cancel the Card and Gift Voucher Shop will send a replacement Card (with the appropriate credit loaded on to the replacement Card) to you at the address nominated by you; we cannot issue a replacement Card if you do not tell us the Card number. To allow for the processing of any pending Card Purchases, we will wait twenty Business Days prior to issuing any replacement Card. A fee will be payable to Gift Voucher Shop for any replacement Card in accordance with Clause 5 above; the amount of this fee will be deducted from the Card balance.
10.3 If you find a Card after having reported it lost or stolen, you must notify Gift Voucher Shop immediately; you must not use the Card.
11. PARTICIPATING TOPAZ OUTLETS
11.1 It will be necessary in all cases, for a Participating Topaz Outlet to obtain authorisation from us or our agents to honour the Card for a particular Card Purchase; this is to ensure that there are sufficient funds on the Card. We may refuse to authorise a Card Purchase at any time if there are insufficient funds on the Card.
11.2 A Participating Topaz Outlet may not be able to obtain authorisation from us in some circumstances (for example, if there is a problem with the phone line between the Participating Topaz Outlet’s premises and our authorisation centre). If this happens neither Bank of Ireland nor Gift Voucher Shop will be responsible if you are unable to use the Card for a particular Card Purchase. Furthermore, neither Bank of Ireland nor Gift Voucher Shop will be liable for the refusal of any Participating Topaz Outlet to accept or honour the Card for any reason.
11.3 You must sign a receipt for each Card Purchase; the amount of the Card Purchase must be confirmed with the Participating Topaz Outlet at the time of authorisation.
11.4 If a Participating Topaz Outlet becomes liable to make a refund to you we will not credit the amount of any refund to the Card; refunds are a matter between you and the relevant Participating Topaz Outlet.
12. GENERAL
12.1 Bank of Ireland will not be liable for any delay or failure in performing any of its obligations in respect of the use of the Card where such delay or failure occurs because of any circumstances beyond Bank of Ireland’s reasonable control.
12.2 The books and records kept by Bank of Ireland or on its behalf shall, in the absence of an obvious error, constitute sufficient evidence of any facts or events relied upon by Bank of Ireland in connection with any Card Purchase or matter or dealing in relation to the Card.
12.3 Bank of Ireland may disclose details of the Card to Gift Voucher Shop and to any person acting as its agent in connection with the use or issue of the Card.
12.4 This Agreement shall be governed by and interpreted in accordance with Irish law.
12.5 All communications under this Agreement will be in English.
12.6 Bank of Ireland and/or Gift Voucher Shop may record or monitor phone calls with you for training purposes, to enable instructions to be verified and to assess whether our service standards are being met.
12.7 Bank of Ireland may transfer to any other person any or all of its rights and/or obligations under this Agreement. Bank of Ireland may do this without telling you but your legal rights will not be affected and your obligations will not be increased as a result. Any person to whom you transfer or give the Card will also be subject to these terms and conditions.
13. COMPLAINTS
If you are not satisfied with any aspect of the service offered, please contact Customer Services on (01) 870 8111or write to Customer Services at Gift Voucher Shop Limited, PO Box 8942, Malahide, Co. Dublin. They will be pleased to help and explain the complaints procedure in more detail. A copy of the Complaints Procedure is available upon request. Bank of Ireland and Gift Voucher Shop will try and resolve your complaint as soon as possible. Often however, the complaint will need to be investigated. If this is the case, Gift Voucher Shop will write to you within 7 Business Days to acknowledge receipt of your complaint and tell you how long it might be before your complaint is resolved. If your complaint cannot be resolved, you may refer it to the Financial Services Ombudsman by writing to The Financial Services Ombudsman, 3rd Floor, Lincoln House, Lincoln Place, Dublin 2.