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Gift Card Terms & Conditions

Issuer

Victor Celeste® (Mario Bonetta operating as Victor Celeste® ABN 18 603 687 036)

 

DEFINITIONS

 

you or your means a reference to the person who is the purchaser of the Gift Card or is in possession of the Gift Card at the relevant time for purposes of these Terms and Conditions, or who authorises another person to do something with or to the Gift Card on their behalf.

 

Temporary Marketing Promotion refers to a short-term marketing initiative as defined under paragraph 89C(2)(a) of the Regulations.

 

Terms and Conditions refers to these terms and conditions.

 

System refers to the gift card system of the Issuer.

 

Regulations means the Competition and Consumer Regulations 2010 (Commonwealth).

 

Privacy Act refers to the Privacy Act 1988 (Commonwealth).

 

Physical Gift Card refers to a tangible stored-value gift card issued by the Issuer, branded as Victor Celeste®, and may also be called a Victor Celeste® Gift Card.

 

Personal Information is termed and defined in the Privacy Act.

 

Major Failure is termed and defined in the Australian Consumer Law.

 

Licensor refers to Mario Bonetta, operating as Victor Celeste®, ABN 18 603 687 036, and includes all assignees, substitutes, and any future owners or licensors of any Victor Celeste® Trade Mark.

 

Issuer refers to Mario Bonetta trading as Victor Celeste®, ABN 18 603 687 036.

 

Holder or Holder of a Gift Card refers to the individual who possesses all rights associated with the Gift Card, without any limitations or claims from others.

 

Victor Celeste® refers to Mario Bonetta trading as Victor Celeste®, ABN 18 603 687 036.

 

Victor Celeste® Trade Mark Includes any trademark, business name, or brand incorporating the words “Victor Celeste®” or any other mark owned by the Licensor.

 

Gift Card represents either a physical or electronic Victor Celeste® gift card (Victor Celeste® Gift Card and Victor Celeste® eGift Card).

 

Victor Celeste® Business Premises refers to the physical locations in Australia and the online presence where Victor Celeste® can operate its business activities.

 

Expiry Date or Expiry Date for a Gift Card refers to the expiration occurs 12 months from the date it is first issued to a Consumer, as specified on the card, in accordance with clause 4.3.

 

eGift Card refers to an electronic gift of a given value branded Victor Celeste® that is distributed upon payment of the given value by the issuer and recognisable as a Victor Celeste® eGift Card.

 

Consumer Guarantees means the set of guarantees established under the Australian Consumer Law, with "Consumer Guarantee" referring to any one of them.

 

Consumer as defined in section 3 of the Australian Consumer Law.

 

Gift Card is a Victor Celeste® physical or electronic gift card provided as part of a Temporary Marketing Promotion to customers buying any good or service from Victor Celeste® in relation to the goods and services from Victor Celeste®.

 

Australian Consumer Law refers to the law which is contained in the Competition and Consumer Act 2010 (Commonwealth), (Schedule 2).

 

ASIC Act refers to the Australian Securities & Investments Commission Act 2001 (Commonwealth).

 

 


 

Terms and Conditions

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  • 1. These Terms and Conditions

  • 1.1 By purchasing, activating, acquiring, or attempting to use a Gift Card, you agree to these Terms and Conditions.

  • 1.2 You warrant to the Issuer that you will comply with these Terms and Conditions and all applicable laws.

  • 1.3 The Issuer reserves the right to amend these Terms and Conditions at any time under the following circumstances:

  • 1.3.1 To add or remove a Victor Celeste® Business Premises, including an online location, where a Gift Card may be used;

  • 1.3.2 To add or remove goods or services that may be purchased using the remaining balance on an activated Gift Card;

  • 1.3.3 To comply with any applicable law, regulation, or binding judgment, order, standard, or determination from a court, tribunal, or government agency;

  • 1.3.4 For administrative or operational reasons, or to prevent fraud or other unlawful, harmful, or unacceptable behavior;

  • 1.3.5 When the Issuer reasonably believes that the change will not materially disadvantage you.

  • 1.4 Changes to these Terms and Conditions will be made available on the websites listed in clause 4 below.

  • 1.5 These Terms and Conditions are governed by the laws of New South Wales and construed in accordance with them.

  • 1.6 If you purchase a Gift Card as a personal or business gift, or for other approved business purposes, you must ensure that each Holder is made aware of these Terms and Conditions, including the Gift Card's Expiry Date.

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  • 2. Purchase of Gift Card

  • 2.1 The Issuer is responsible for issuing each Gift Card.

  • 2.2 For corporate purchases: Physical and eGift Cards can be purchased directly from the Issuer by contacting them via email at sales@victorceleste.com.au.

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  • 3. Using a Gift Card

  • 3.1 A Gift Card has no value until it is activated in the System and payment has been made to the Issuer.

  • 3.2 The balance of an activated Gift Card, as identified in the System, can only be used in full or partial payment for goods or services at a Victor Celeste® Business Premises or online at www.victorceleste.com.au.

  • 3.3 When using an activated Gift Card to purchase goods or services at a Victor Celeste® Business Premises:

  • 3.3.1 The Issuer will ensure that the Victor Celeste® Business Premises accepts the Gift Card's remaining balance towards the purchase;

  • 3.3.2 The balance of the Gift Card will be reduced by the amount used for the purchase;

  • 3.3.3 If the purchase amount exceeds the Gift Card's balance, the Holder must pay the difference using another payment method;

  • 3.3.4 Any remaining balance on the Gift Card can be used for future purchases until the balance is zero or the Expiry Date is reached.

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  • 4. Expiry Date

  • 4.1 A Gift Card expires 12 months after the date it is first issued. Upon expiration:

  • 4.1.1 The Issuer's obligations in respect of the Gift Card are fully discharged;

  • 4.1.2 The Issuer will have no further obligations regarding the Gift Card;

  • 4.1.3 Any remaining balance on the Gift Card will no longer be available for use.

  • 4.2 You must use the full balance of the Gift Card before the Expiry Date.

  • 4.3 A Gift Card can only be activated once and cannot be reactivated.

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  • 5. Temporary Marketing Promotions

  • 5.1 Occasionally, a Gift Card may be issued as part of a Temporary Marketing Promotion to a Consumer who meets the eligibility requirements when purchasing goods or services from a Victor Celeste® Business Premises.

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  • 6. Exclusions

  • 6.1 If a Gift Card is altered, defaced, or involved in fraudulent or illegal activity, its balance will be reduced to zero and it cannot be used.

  • 6.2 A person must provide sufficient evidence to the Issuer's satisfaction that they are the Holder to use a Gift Card. The Issuer has no obligation to anyone unable to provide such evidence.

  • 6.3 A Gift Card cannot be used:

  • 6.3.1 By email, phone, or fax;

  • 6.3.2 To repay outstanding debts to a Victor Celeste® Business Premises;

  • 6.3.3 To pay a deposit;

  • 6.3.4 To purchase goods or services that a Victor Celeste® Business Premises is not permitted by law to supply.

  • 6.4 A Gift Card cannot be used at Victor Celeste® stores outside Australia.

  • 6.5 A Gift Card cannot be reloaded, used for cash advances, or exchanged for cash.

  • 6.6 A Gift Card cannot be used to purchase another Gift Card.

  • 6.7 A Gift Card cannot be exchanged for a different brand, denomination, or type.

  • 6.8 A Gift Card remains the property of the Issuer and cannot be resold without the Issuer's express written consent.

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  • 7. Transaction Enquiries

  • 7.1 You can check the balance and Expiry Date of a Gift Card:

  • (a) At any Victor Celeste® Business Premises;

  • (b) Online at www.victorceleste.com.au;

  • (c) By contacting the Issuer via email as listed in clause 2.2.

  • 7.2 The System's records, in the absence of manifest error, will be conclusive evidence of the balance, history, and Expiry Date of a Gift Card.

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  • 8. Lost and Stolen Gift Cards

  • 8.1 You are responsible for the safety of your Gift Card. Lost, stolen, altered, or defaced Gift Cards will not be reissued, refunded, or honored.

  • 8.2 To the extent permitted by law, a Gift Card will not be reissued unless:

  • 8.2.1 The Holder proves that the Gift Card is faulty or damaged due to the Issuer's or a Franchisee's fault; or

  • 8.2.2 The Issuer has breached any condition or warranty under the ASIC Act or other applicable laws.

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  • 9. Liability

  • 9.1 You are responsible for the use and safety of your Gift Card at all times.

  • 9.2 Gift Cards come with statutory Consumer Guarantees that cannot be excluded under Australian Consumer Law. If a Gift Card has a Major Failure, you are entitled to a replacement or refund and may claim compensation for any foreseeable loss or damage resulting from the failure. You are also entitled to have the Gift Card repaired or replaced if it fails to meet acceptable quality and the failure is not a Major Failure.

  • 9.3 To the extent permitted by law, the Issuer, each Victor Celeste® Business Premises, and related entities are not liable for any loss or damage arising from the use or attempted use of a Gift Card. The Issuer, each Victor Celeste® Business Premises, and related entities are not in default of these Terms and Conditions for failure to observe or perform any obligations due to reasons beyond their reasonable control. These Terms and Conditions do not intend to exclude or modify any non-excludable statutory rights under Australian Consumer Law, the ASIC Act, or other applicable laws.

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  • 10. Promotion Activities

  • 10.1 You must not use a Gift Card in any marketing, promotion, or advertising activities without the Issuer's prior written consent.

  • 10.2 The Victor Celeste Trade Marks are owned by the Licensor.

  • 10.3 Any use of Victor Celeste Trade Marks by third parties is strictly prohibited without the Licensor's prior written consent.

  • 10.4 A Gift Card may not be used in a manner that implies endorsement, sponsorship, or affiliation with the Issuer, a Victor Celeste® Business Premises, or any related entity.

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  • 11. Privacy

  • 11.1 A person claiming to be a Holder must provide proof of identity to the Issuer's satisfaction.

  • 11.2 The Issuer's privacy policy, available at www.victorceleste.com.au/privacy-policy, details how your Personal Information will be handled. By using the Gift Card, you consent to the collection and use of your Personal Information in accordance with this policy, including for identification purposes.

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  • 12. Enquiries and Complaints

  • 12.1 Direct any complaints or enquiries about a Gift Card to the Issuer using the contact details in clause 2.2.

  • 12.2 For complaints or enquiries about the quality or nature of goods or services purchased from a Victor Celeste® Business Premises, contact the premises where the purchase was made.

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​Gift Card Terms & Conditions of Use Version 1.0 September 2024

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