Terms & Conditions

CONTENTS

1. About these terms and conditions

2. Interpretation

3. Use of the website

4. Privacy and cookies policy

5. Placing an order and payment

6. Delivery

7. Online refund and returns policy

8. General terms and conditions

9. Our details  


1. ABOUT THESE TERMS AND CONDITIONS

1.1. Welcome to the Giftsearch website. This website is owned and operated by Giftsearch Limited, a company registered in England. Our company number is 3856753 and our registered office is at 15 Tunsgate, Guildford, Surrey GU1 3QT. Our VAT number is GB-733-4937-20.

1.2. These terms and conditions shall govern the use of our website and the sale and purchase of products through the website. Please read them carefully before using the website.

1.3. These terms do not affect any statutory rights you have as a consumer.

1.4. Some of our products and services, for example Gift Vouchers / eVouchers, have supplementary terms and conditions, and these should be read in conjunction with the terms and conditions of sale below.

1.5. Some of our products and services may be supplied by our third party suppliers and when you purchase products or services from these suppliers, their terms and conditions will apply. 

1.6. By using our website, you signify your agreement to be bound by these terms and conditions. If you do not agree with these terms and conditions, you should not use our website.

1.7. If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us at info@giftsearch.uk.co.uk.


2. INTERPRETATION

2.1. In these terms and conditions: “we” or means Giftsearch limited, and “you” means our customer or prospective customer. “Us”, “our” and “your” should be construed accordingly. Website means the website located at Giftsearch.co.uk or any subsequent URL that may replace it.


3. USE OF THE WEBSITE

Registration and accounts

3.1. You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.

3.2. You must notify us in writing immediately if you become aware of any unauthorised use of your account.

3.3. You must not use any other person's account to access the website, unless you have that person's express permission to do so. User ids and passwords

3.4. If you register for an account with our website, you will be asked to choose a user ID and password.

3.5. Your user ID must not be liable to mislead or be obscene or indecent. You must not use your account or user ID for or in connection with the impersonation of any person.

3.6. You must keep your password confidential.

3.7. You must notify us in writing immediately if you become aware of any disclosure of your password.

3.8. You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure. Cancellation and suspension of account

3.9. We may suspend, cancel or edit your account at any time in our sole discretion without notice or explanation.

3.10. You may cancel your account on our website using your account control panel on the website.


4. PRIVACY AND COOKIES POLICY

4.1. Our privacy and cookies policies can be found under Privacy and cookies on our Customer services page.


5. PLACING AN ORDER AND PAYMENT

Order process and acceptance of your order

5.1. The advertising of products on our website constitutes an “invitation to treat” rather than a contractual offer.

5.2. Your order using our website constitutes an offer to us to purchase the goods and or services in your basket for personal usage or consumption. We will do our best to fulfil this order to the standards you expect.

5.3. No contract will come into force between you and us unless and until we accept your order in accordance with the process set out below.

5.4. To enter into a contract through our website to purchase products from us, the following steps must be taken:

  • if you are a new customer you must then create an account with us and log in;
  • if you are an existing customer, you must enter your login details;
  • once you are logged in, you must add the products you wish to purchase to your shopping cart, proceed to the checkout, select your preferred method of delivery and then confirm your order and your consent to the terms of this document;
  • you will be then be transferred to our payment service provider's website, and our payment service provider will handle your payment;
  • We will then send you an initial acknowledgement;
  • When the products you have ordered have been checked for availability and despatched or, if requested by you, are ready for collection at our store we will send you a confirmation accepting your order (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.
  • Our contract will be concluded upon delivery of the products or services. 5

5.5. As part of the process, we will store your order and necessary personal details, obtain authorisation from your bank for the payment and we may make certain security checks on your identity and address in accordance with our Privacy Policy.

5.6. Any products or services on the same order that we have not yet confirmed as despatched via email will not form part of that contract and will form part of a separate contract when the remaining products have been dispatched or are ready for collection as confirmed by a separate email.

5.7. We reserve the right not to accept your order for any reason whatsoever, including, but not limited to, payment problems, product availability and product price or description error. Products and services

5.8. We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product. Age restricted products

5.9. Some of our products are restricted to persons over a certain age as laid down by law. We are not permitted to supply such products to persons who do not meet the minimum ages set out below. If you are under age, you must not attempt to purchase these products through our website. By placing an order for any of the products detailed below, you are confirming that you or the proposed recipient satisfy the legal minimum age requirement:

1) Christmas crackers may only be sold to persons over 12.

2) Party poppers may only be sold to persons over 16.

3) Knives and blades may only be sold to persons over 18.

4) DVDs may only be purchased by persons at or over the age certification as displayed on the product.

5) Alcohol – any products containing alcohol may only be sold to persons over 18.

6) Liquor chocolates – may only be sold to persons over 16.


Gift vouchers / eVouchers

5.10. Gift vouchers or eVouchers cannot be refunded or exchanged for cash. Please refer to Gift vouchers in our Customer Services pages for details concerning Gift vouchers and their terms and conditions.

5.11. If the goods purchased online total less than the value of the [gift voucher / eVoucher], any balance will be left as a credit [in your eWallet], and will be redeemed against subsequent orders.


Prices

5.12. Our prices are quoted on our website.

5.13. We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.

5.14. All amounts stated in these terms and conditions or on our website are stated inclusive of VAT.

5.15. Occasionally it is possible that prices on the website may be incorrectly quoted.

5.16. Accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.

5.17. In addition to the price of the products, you may have to pay a delivery charge, which will be notified to you before the contract of sale comes into force. Details of delivery charges are set out in our Delivery policies which you can find on our Customer Services Page.

Accuracy of content

5.18. We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been described accurately. However, orders will only be processed if there are no material errors in the description of the goods or their prices as advertised on this website. Any weights, dimensions and capacities given about the products are approximate only.


Promotional codes

5.19. Promotional codes, discounts or coupons offered on this website are valid only for use on the website unless otherwise stated. Such promotional discounts are not valid for use in our store or for telephone orders.

5.20. We cannot retrospectively apply a promotional code to your order. If you place an order without correctly applying the promotional code, we will be unable to reimburse you the discount once the order has been placed. If you are having any difficulties in applying a promotional code or believe the code to be faulty, please contact our customer services team at sales@giftsearch.co.uk or during working hours on 44 (0)1483 455861.

Special offers

5.21. Occasionally, we may feature timed sales, offers or promotions on the website, during which certain exclusions may apply.

Payment

5.22. Payments may be made by any of the permitted methods specified on our website from time to time. All purchases must be completed in GB Pounds Sterling

5.23. If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and / or by written notice to you at any time cancel the contract of sale for the products.

5.24. You confirm that the credit or debit card being used belongs to you.

5.25. Payment will be debited and cleared from your account before goods are despatched or the service provided.

5.26. If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request: 1) an amount equal to the amount of the charge-back; 2) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer); 3) an administration fee of [GBP £25.00 including VAT]; and 4) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section (including without limitation legal fees and debt collection fees), and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this section.

Security checks

5.27. As part of our policy to protect against the fraudulent use of credit / debit cards, we may conduct security checks on orders received. These checks can take various forms and may involve contacting you by telephone before we process your order. We may also procure the services of various credit rating and fraud prevention companies, and we may share details of your order with them for the sole purpose of detecting and preventing fraudulent use of your payment cards.

Risk and ownership

5.28. Risk of damage or loss to the products will remain with us until we deliver the goods to the address specified by you or they are collected from our store when the risk will pass to you immediately.

Distance contracts: cancellation right

5.29. This section applies if and only if you offer to contract with us, or contract with us, as a consumer - that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.

5.30. You may withdraw an offer to enter into a contract with us through our website or cancel a contract entered into with us through our website (without giving any reason for your withdrawal or cancellation) at any time within the period beginning upon the submission of your offer and ending at the end of 14 days after the day on which the products come into your physical possession or the physical possession of a person identified by you to take possession of them (or, if the contract is for delivery of multiple products,14 days after the day on which the last of those products, comes into your physical possession or the physical possession of a person identified by you to take possession of them).

5.31. In order to withdraw an offer to contract or cancel a contract on the basis described in this section, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.

5.32. If you cancel a contract on the basis described in this section, you must send the products back to us at: Website sales, Giftsearch Limited, 15 Tunsgate, Guildford, Surrey, GU1 3QT or hand them over to us or a person authorised by us to receive them. You must comply with your obligations referred to in this section without undue delay and in any event not later than 14 days after the day on which you inform us of your decision to cancel the contract. You must pay the direct cost of returning the products.

5.33. If you cancel an order in accordance with this section, you will receive a full refund of the amount you paid to us in respect of the order including the costs of delivery to you, except: 1) if you chose a kind of delivery costing more than the least expensive kind of delivery that we offer, we reserve the right to retain the difference in cost between the kind of delivery you chose and the least expensive kind of delivery that we offer; 2) and as otherwise provided in this section.

5.34. We are unable to provide a refund of the delivery charges where only part of your order is being cancelled. If the original delivery was free because the total purchases exceeded the threshold for free delivery, and if that threshold would not have been reached if the returned goods were excluded, we will reduce the amount of the refund by the delivery cost that would have been payable if the free delivery threshold had not been reached.

5.35. If the value of the products returned by you is diminished by any amount as a result of the handling of those products by you beyond what is necessary to establish the nature, characteristics and functioning of the products, we may recover that amount from you up to the contract price. We may recover that amount by deducting it from any refund due to you or require you to pay that amount direct to us. Handling which goes beyond the sort of handling that might reasonably be allowed in a shop will be "beyond what is necessary to establish the nature, characteristics and functioning of the products" for these purposes.

5.36. We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund. We will process a refund due to you as a result of a cancellation on the basis described in this section within the period of 14 days after the day on which we receive the returned products or (if earlier) 14 days after the day on which you supply to us evidence of having sent the products back. If we have not sent the products to you at the time of withdrawal or cancellation we will process a refund due to you without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the withdrawal or cancellation.

5.37. You will not have any right to cancel a contract as described in this section insofar as the contract relates to:

  • the supply of any sealed audio recordings, sealed video recordings or sealed computer software which have been unsealed by you;
  • the supply of goods which are liable to deteriorate or expire rapidly;
  • the supply of non-prefabricated goods that are made on the basis of an individual choice of or decision by you, or goods that are clearly personalised;
  • the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, where such goods have been unsealed by you; and
  • the supply of goods which are, according to their nature, inseparably mixed with other items after delivery.

6. DELIVERY

6.1. Our policies and procedures relating to the delivery of products are set out in the “Delivery information” section of our Customer Services pages.

6.2. We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process.

6.3. We will normally only deliver products to addresses on the UK mainland.


7. ONLINE REFUND & RETURNS POLICY

7.1. Please see our Online refund and returns policy on our Customer Services page for full details of our refund policy and how to return goods.


8. GENERAL TERMS AND CONDITIONS

Warranties and representations

8.1. You warrant and represent to us that:

  • you are legally capable of entering into binding contracts;
  • you have full authority, power and capacity to agree to these terms and conditions;
  • all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and
  • you will be able to take delivery of the products in accordance with these terms and conditions and our delivery policy.

8.2. We warrant to you that:

  • we have the right to sell the products that you buy,
  • the products we sell to you are sold free from any charge or encumbrance,
  • except as specified in these terms and conditions;
  • you shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions;
  • the products you buy will correspond to any description published on our website; and
  • the products you buy will be of satisfactory quality.

8.3. All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to the limitations below (Limitations and exclusions), all other warranties and representations are expressly excluded. Breach of product warranty

8.4. If you believe that products you have purchased from us breach any of the warranties set out in the Warranties and Representations section, please contact us to discuss the issue and arrangements for the return of the products.

8.5. If products you purchase from us do not conform to the warranties by us as set out in in the Warranties and Representations section, then you will be entitled to a refund of all amounts paid in respect of those products. Alternatively and subject to availability, we may agree to supply you with replacement products, in which case we will pay the cost of delivering those replacement products to you. In either case we will reimburse you for your reasonable expenses incurred in returning the products to us.

8.6. If you return a product in contravention of these terms and conditions, and you do not have any other legal right to a refund or exchange in respect of that product we will not refund the purchase price or exchange the product. We may retain the returned product until you pay to us such additional amount as we may charge for re-delivery of the returned product; and if we do not receive payment of such additional amount within 14 days of issuing a request for payment, we may destroy or otherwise dispose of the returned product in our sole discretion without any liability to you.

Limitations and exclusions of liability

8.7. Nothing in these terms and conditions will:

  • limit or exclude any liability for death or personal injury resulting from negligence;
  • limit or exclude any liability for fraud or fraudulent misrepresentation;
  • limit any liabilities in any way that is not permitted under applicable law; or
  • exclude any liabilities that may not be excluded under applicable law, and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

8.8. Subject to the foregoing provisions of this section, the limitations and exclusions of liability set out in this section and elsewhere in these terms and conditions govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

8.9. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

8.10. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

8.11. You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

8.12. Our aggregate liability to you in respect of any contract to purchase products from us under these terms and conditions shall not exceed the total amount paid and payable to us under the contract.

Order cancellation

8.13. We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if:

  • you fail to pay, on time and in full, any amount due to us under the contract; or
  • you commit any breach of the terms of the contract.

8.14. We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war. Consequences of order cancellation

8.15. If a contract under these terms and conditions is cancelled in accordance with the Order Cancellation section:

  • we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;
  • you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and
  • all the other provisions of these terms and conditions will cease to have effect, except that Sections 1.3, 5.6, 8.7 - 8.12 inclusive, 8.22 - 8.29 inclusive, 8.32 - 8.34 inclusive will survive termination and continue in effect indefinitely.

Ownership rights

8.16. All rights (including but not limited to copyright) in this website are owned by or licensed to Giftsearch Limited. Any use of this website or its contents, including copying or storing in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not copy, modify, distribute or repost anything on this website for any purpose.

Scope

8.17. These terms and conditions shall not constitute or effect any assignment or licence of any intellectual property rights.

8.18. These terms and conditions shall not govern the licensing of works (including software and literary works) comprised or stored in products.

8.19. These terms and conditions shall not govern the provision of any services by us or any third party in relation to the products (other than delivery services). Variation

8.20. We may revise these terms and conditions from time to time by publishing a new version on our website.

8.21. The revised terms and conditions will apply to the use of our website from the date of their publication on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of the terms and conditions. If you do not agree to the revised terms and conditions, you must stop using our website.

Assignment

8.22. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions − providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.

8.23. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions. No waivers

8.24. No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.

8.25. No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any breach of that provision or any other provision of that contract. Severability 8.26. If a provision of a contract under these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

8.27. If any unlawful and/or unenforceable provision of a contract under these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Third party rights

8.28. A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

8.29. The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

Third party websites

8.30. Our website includes hyperlinks to other websites owned and operated by third parties. Such hyperlinks are not recommendations.

8.31. We have no control over third party websites and their contents, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

Entire agreement

8.32. Subject to Section 8.7 these terms and conditions, together with our delivery policy and our returns policy, shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.

Law and jurisdiction

8.33. A contract under these terms and conditions shall be governed by and construed in accordance with English law.

8.34. Any disputes relating to a contract under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England. Statutory and regulatory disclosures

8.35. We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

8.36. These terms and conditions are available in the English language only.


9. OUR DETAILS

9.1. This website is owned and operated by Giftsearch Limited, a company registered in England. 9.2. Our company number is 3856753 and our registered office is at 15 Tunsgate, Guildford, Surrey GU1 3QT. 9.3. Our VAT number is GB-733-4937-20.