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Terms & Conditions

These terms and conditions regulate the business relationship between you and us. By using Our Website in any way, or by buying from us, you agree to be bound by them.
We are: GIFTLAB LTD
Our address is: 32 Grosvernor Crescent Mews, London SW1X 7EX, UK
Our Registered office: Russell House, Oxford Road, Bournemouth BH8 8EX, UK
You are: A visitor to Our Website / our customer

1. Definitions

In this agreement:
“Carrier” means any person contracted by us to carry Goods from us to you, whether all or part of the distance.
“Our Website” means the entire computing hardware installation that is or supports Our Website.
“Goods” means any of the Goods we offer for sale on Our Website.
“Content” means information in any form published on Our Website by us or any third party with our consent.

2. Our contract with you

2.1 These terms and conditions apply:

2.1.1. so far as the context allows, to you as a visitor to Our Website; and

2.1.2. in any event to you as a buyer or prospective buyer of our Goods.

2.2 Goods advertised may not be available.

2.3 We shall accept your order by e-mail confirmation. Our message will also confirm details of your purchase. Only when we email you with despatch details will we be deemed to have accepted your order and formed a contract with you. It is possible that the price may have increased from that posted on Our Website.

2.4 You confirm that you are at least 18 years old, or if in the country where you are ordering or to where you want the Goods shipped there is a higher age required to enter into a binding contract or buy the Goods concerned, that you are at least that higher age.

2.5 We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.

2.6 All descriptions, weights and sizes of Goods are those of the original manufacturers and you may not rely on their accuracy. Accordingly, any such description shall not form part of this Agreement.

2.7 If we do not have the Goods you order in stock, we will offer you alternatives before we despatch your order. If this happens you may:

2.7.1. accept the alternatives we offer;

2.7.2. cancel your order;

2.7.3. leave the order valid, but tell us to omit the out-of-stock item.

2.8 If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 30 days from the date of your order.

3. Accessing Our Website

3.1 Access to Our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on Our Website without notice. We will not be liable if for any reason Our Website is unavailable at any time for any period.

From time to time, we may restrict access to some parts of Our Website, or our entire site, to users who have registered with us.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

3.2 Commentary and other materials posted on Our Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials.

3.3 We aim to update Our Website regularly, and may change the content at any time. If the need arises, we may suspend access to Our Website, or close it indefinitely. Any of the material on Our Website may be out of date at any given time, and we are under no obligation to update such material.

3.4 We will not be liable for any loss or damage caused by a distributed denial- of- service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Our Website or to your downloading of any material posted on it, or on any website linked to it.

4. Price and Payment

4.1 You must pay us the full price of your order before we will send any part of it. Ownership of Goods will pass to you on delivery but only if we have received payment in full.

4.2 Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.

4.3 Any details given by us in relation to exchange rates are approximate only and may vary from time to time.

4.4 You will pay all sums due to us under these terms by the means specified without any set-off, deduction or counterclaim.

4.5 Prices include VAT. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT takes effect.

4.6 Prices and delivery charges are liable to change at any time but changes will not affect orders in respect of which we have already sent you a despatch confirmation.

4.7 Our Website contains a large number of Goods and, despite our best efforts, some of the Goods listed on Our Website may be incorrectly priced. We will normally verify prices as part of our despatch procedures so that where the correct price is less than our stated price, we will charge the lower amount when despatching the Goods to you. If the correct price is higher than the price stated on Our Website, we will normally, at our discretion, either contact you for instructions before despatching the Goods, or reject your order and notify you that we are rejecting it.

4.8 If the pricing error is obvious and unmistakeable and could have been reasonably recognised by you as an error, we do not have to provide the Goods to you at the incorrect (lower) price.

5. Information you give us

5.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.

5.2 We will use our reasonable endeavours to respond to any point of dissatisfaction by you, provided you contact us within three months of purchase.

6. Delivery

6.1 Any delivery dates given are estimates only and are not binding on us. Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept delivery. We may make an extra charge if there is no one present to accept delivery and Goods have to be re- delivered.

6.2 If we are not able to deliver your Goods within 30 days of the date of your order, we shall notify you by email to arrange another date for delivery.

6.3 We may deliver the Goods in installments if the Goods are not available at the same time for delivery.

7. Import restriction, Taxes and Delivery duties

7.1 If you order Goods from Our Website for delivery outside the UK, they may be subject to import duties and taxes. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. Please also note that you must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable for any breach by you of any such laws.

8. Goods returned

Because you are buying the Goods by internet order, you may have a right of cancellation and return. If you do, (and only if you do), these are the terms which apply (but please note we cannot accept the return of Goods in certain circumstances, for example, Goods which have been personalised or which deteriorate or expire rapidly or for hygiene reasons).

8.1 You must tell us in writing if you wish to return goods within 14 working days beginning the day after the receipt of the Goods. You can email us at customerservices@giftlab.com.

8.2 In any event, you may not return orders for specially commissioned, bespoke or personalised goods;

8.3 The Goods must be returned to us within 14 days of your telling us you wish to cancel & return your order:

8.3.1. with goods in their original condition and with packaging;

8.3.2. securely wrapped;

8.3.3. including our delivery slip;

8.3.4. using our agreed delivery partner

8.4 After we have received the Goods, we will credit your credit or debit card with the full purchase price of the Goods returned no later than 30 days from receipt of your notice of cancellation and return;

8.5 Sales tax, and import duties for all non EU countries are not refunded.

9. Disclaimers

9.1 We or our Content suppliers may make improvements or changes to Our Web Site, the Content, or to any of the Goods, at any time and without advance notice.

9.2 You are advised that Content may include technical inaccuracies or typographical errors.

9.3 We give no warranty and make no representation, express or implied, (save to the extent prohibited by law) as to:

9.3.1. the adequacy or appropriateness of the Goods for your purpose.

9.3.2. the correctness of any information given on Our Website;

9.3.3. any implied warranty or condition as to satisfactory quality, merchantability or fitness of the Goods and Services for a particular purpose;

9.3.4. compatibility of Our Website with your equipment software or telecommunications connection.

9.3.5. compliance with any law;

9.3.6. non-infringement of any right.

9.4 Our Website contains links to other Internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.

9.5 Subject to 9.6 below we are not liable in any circumstances for loss of profit or revenues, loss of use, loss of or corruption to data or special, indirect or consequential loss or any damages whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods.

9.6 Save to the extent permitted by law we do not exclude liability for death or personal injury or damage to personal property.

9.7 Subject to 9.6 above in any claim against us our liability is limited to the value of the Goods you have purchased in the contract which is the subject of the dispute.

9.8 Nothing in these terms affects your statutory rights as a consumer.

10. Content and Intellectual Property Rights

10.1 Title, ownership rights, and intellectual property rights in the Content whether provided by us or by any other Content provider shall remain the sole property of us and / or the other Content provider. We will strongly protect its rights in all countries.

10.2 You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in this agreement.

10.3 You may download or copy the Content only for your own personal use, provided that you maintain all copyright and other notices contained in such Content. You may not store electronically any significant portion of any Content.

11. Linking

11.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

11.2 You must not establish a link from any website that is not owned by you.

11.3 Our Website must not be framed on any other site, nor may you create a link to any part of Our Website other than the home page. We reserve the right to withdraw linking permission without notice.

11.4 If you wish to make use of any of the material on Our Website other than that set out above, please address your request to customerservices@giftlab.com.

12. System Security

12.1 You agree that you will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of Our Website;

12.2 you agree that you will in no way modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of Our Website, or any software used on Our Website, and that you will not permit any other person to do so.

12.3 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.

12.4 Examples of violations are:

12.4.1. accessing data unlawfully or without consent;

12.4.2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;

12.4.3. attempting to interfere with service to any user, host or network, including,without limitation, via means of overloading, "flooding", "mail bombing" or "crashing";

12.4.4. forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting;

12.4.5. taking any action in order to obtain Goods to which you are not entitled.

12.5 You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of:

12.5.1. any violation of system security as set out above;

12.5.2. your use of Our Website;

12.5.3. any other breach or violation of this agreement by you;

12.5.4. the infringement by you, or by any other user of your computer, of any

intellectual property or other right of any person or entity, or as a result of any threatening, libellous, obscene, harassing or offensive material contained in any of your communications.

13. Written communications

13.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using Our Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on Our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

13.2 All notices given by you to us must be given to GIFTLAB Limited at customerservices@giftlab.com. We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in clause 13.1 above. Notice will be deemed received and properly served immediately when posted on Our Website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

14. Contractual Limitation

Where we provide Goods without specific charge, then they are deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of any such Goods.

15. Rights of third parties

Nothing in this agreement or on Our Website shall confer on any third party any benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999.

16. Severability

If any court or competent authority decides that any of the provisions of these terms and conditions are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

17. No Waiver

No delay or failure by us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver. No waiver shall be effective unless in writing.

18. Dispute Resolution

In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing litigation.

19. Force Majeure

We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including without limitation flood, fire, riot, war, terrorism, disruption to communications, supplies or transport.

20. Entire Agreement

20.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract between us.

20.2 We each acknowledge that entering into a contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.

20.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.

20.4 Nothing in these terms limits or excludes any liability for fraud.

21. Governing Law and Jurisdiction

21.1 These terms of sale and the supply of the Goods will be subject to English law and the English courts will have non-exclusive jurisdiction in respect of any dispute arising.

22. Terms and Conditions of £10 off Gift Voucher

22.1 £10 off voucher valid on a single transaction only.

22.2 Offer excludes any shipping or duty charges that will be applied.

22.3 Subject to product availability.

22.4 Offer cannot be used in conjunction with any other promotion or discount.

22.5 Offer valid from Thursday 15th November to Friday 30th November 2012.

22.6 Offer only valid when voucher code provided is used at checkout.

23. Terms and Conditions of the customer introduction incentive scheme:

23.1 A registered customer of giftlab.com who has made at least one purchase within the preceding six months (the “Existing Customer”) may introduce a friend who is not already a registered customer of giftlab.com (the “New Customer”). If the New Customer registers with giftlab.com and identifies in their registration process that the Existing Customer was how the New Customer heard of giftlab.com and the New Customer makes a purchase from giftlab.com within six months of joining giftlab.com, giftlab.com will reward the Existing Customer with a cash payment to the value of £10.

23.2 Giftlab.com will issue the cash payment to the Existing Customer within 45 days of the New Customer’s first purchase as long as the New Customer has not returned their purchase and received a refund in which case no payment shall be due.

23.3 This offer is not available in conjunction with any other offer.

23.4 These terms and conditions are governed by English law.

24. Promotional Codes

24.1 All purchases made using promotional codes are final and non-returnable for credit or refund.

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