Gift Card Refund Policy for the Perky App

When you buy a Gift Card, you consent at checkout to immediate delivery and acknowledge that you lose your right to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 once it is delivered. After delivery the purchase is final. We cannot refund or exchange a Gift Card because you selected the wrong retailer or the wrong value, no longer want it, or bought more than you intended, and we cannot refund any unspent balance.

Where you have made an obvious duplicate purchase (for example two identical orders within a few minutes) and the duplicate Gift Card is unused, we may, at our discretion and if the retailer permits, cancel the duplicate and refund it. This is a goodwill gesture and not a right.

Under the Consumer Rights Act 2015, digital content we supply must be of satisfactory quality, fit for purpose and as described. If your Gift Card does not meet those standards (for example the code is invalid, has a lower balance than its face value, has already been redeemed when you receive it, or the retailer refuses it because of an error in how it was issued), you are entitled to have it repaired or replaced, and if that is not possible or not done within a reasonable time and without significant inconvenience, to a price reduction or refund. If a Gift Card was not delivered at all, you are entitled to a refund.

Contact Perky at support@perkybenefits.co.uk as soon as possible, and ideally within 10 days of purchase, so that the issue can be investigated while the retailer’s records are current. Reporting late does not take away your rights, but it may make the cause harder to establish. Please give:

• your name and the email address on your Perky account;
• the retailer, face value and date of purchase;
• a description of what happened, including any error message or the response you received from the retailer; and
• screenshots, photographs, receipts or other evidence that support what you are telling us.

Do not buy the Gift Card again, and do not pay the retailer another way, until you have reported the problem and given us the opportunity to investigate. If you do, we may be unable to refund the second purchase.

When a problem is reported we will look at our records and, where necessary, ask the retailer or the card issuer to check the status of the code. We will tell you what we find. Investigations that need the retailer’s or issuer’s input can take several business days; we will keep you informed and will not keep you waiting longer than is reasonable.

We are responsible for a Gift Card that is faulty when we deliver it, whatever the cause. If the Gift Card does not conform to the Gift Card Terms (for example the code was not generated correctly, was delivered with the wrong value or balance, was already redeemed, or is rejected by the retailer because of an error in how it was issued), we will investigate with the retailer and/or issuer to idenitfy the cause of and repair the problem or send you a replacement Gift Card of the same retailer and value at no cost, whether the fault arose in our systems, the issuer’s or the retailer’s. If we cannot do that within a reasonable time and without significant inconvenience to you, we will refund the price you paid. If the Gift Card was not delivered at all, and we do not provide you a replacement within 14 days, we will refund you.

If our investigation shows that the code was valid when delivered and has since been redeemed, or there is no evidence of a fault in the Gift Card or in our delivery of it, we will not normally be able to provide a replacement or refund. This includes where the code was used by someone else after it was delivered to you, unless the code was exposed through a failure of our or Perky’s systems.

We cannot provide a refund or replacement where the problem is caused by:

• your device, browser, internet connection or use of a VPN preventing you from viewing or using the Gift Card;
• the Gift Card being lost, stolen, shared, screenshotted or used by someone else after delivery (unless the code was exposed through a failure of our or Perky’s systems). If you have lost access to the Perky App before saving a Gift Card, see the Gift Card Terms for how to ask for the link to be re-sent;
• you selecting the wrong retailer or value, or buying a Gift Card that cannot be used for the purchase you intended (please read the Retailer Terms before you buy);
• the Gift Card expiring before you used it, or the retailer’s rules on where and how it can be used; or
• anything to do with the goods or services you buy from the retailer using the Gift Card.

Once you have redeemed a Gift Card with the retailer, your contract for the goods or services is with the retailer. If the retailer cancels your order, an item is out of stock, delivery fails, or you want to return something, contact the retailer. Any refund, re-credit of your Gift Card balance or replacement is a matter for the retailer under its terms and your statutory rights against it. This does not affect your rights against us where the problem was a fault in the Gift Card itself or in our delivery of it.

A Gift Card entitles you to goods or services from a specific retailer up to its face value, and once it has been issued we do not hold the funds behind it. If a retailer becomes insolvent, enters administration or stops trading, its Gift Cards may stop being accepted. In that case we cannot offer a refund or replacement, and any claim you have is against the retailer or its administrators. We will stop selling a retailer’s Gift Cards as soon as we become aware that it has entered an insolvency process, and we will refund any Gift Card for that retailer sold after that point. Where a Gift Card is a multi-retailer product issued by a third-party issuer, the issuer’s terms will state whether it remains usable at other retailers. Nothing in this section affects any legal rights you have against us if the Gift Card was already faulty when we delivered it.

Where a refund is due, we will pay it within 14 days: for a cancellation before delivery, 14 days from the day you tell us you are cancelling; for a faulty or undelivered Gift Card, 14 days from the day we agree that a refund is due. We refund using the method you used to pay:

• card payments are refunded to the same card;
• open banking payments are refunded to the bank account they were paid from;
• purchases made with a Flex Pot, allowance or Reward and Recognition credit are credited back to the relevant balance in the Perky App, not paid in cash. If you have left your employer and the balance is no longer available, the credit will be dealt with in accordance with your employer’s rules.

A refund of money you paid yourself (by card or bank transfer) is always paid to you, even if your Perky account has since closed.

Our responsibility for any other loss you suffer because of a faulty or undelivered Gift Card is explained under “Our responsibility for loss or damage” in the Gift Card Terms: we are responsible for loss that was foreseeable when you bought the Gift Card, and not for loss that was not. Nothing in this policy limits liability that cannot be limited by law.

Contacting your bank or card provider is not itself a breach of the Gift Card Terms, and we will not penalise a genuine dispute. But if you raise a chargeback in respect of a Gift Card that was validly delivered and has been redeemed, without first contacting us or Perky to resolve any issue or concern you may have with a Gift Card purchase, or otherwise in bad faith, we may suspend your ability to buy Gift Cards and recover the amount from you. You must not recover the same loss twice.

We may update this policy from time to time. The version shown at checkout when you place an order applies to that order.