IMPORTANT NOTE:
As well as reading the following Terms & Conditions to which you have agreed by using this Site, you should also refer to the terms and conditions of each individual Vendor (“Vendor”) on their GiftRound pages before making any order.
Acceptance of terms
These provisions (including the Privacy Policy together with any other documents referred to in these provisions) set out the terms and conditions on which you may make use of the GiftRound Store website (the “Site”) whether as a guest or registered user or using a GiftRound Store e-gift voucher. (“Customer Terms”).
We may update these Customer Terms (and the documents referred to in them) and any aspect of the Service from time to time and will notify such changes to you by uploading details of them on the Site. You should review the Customer Terms periodically for changes. By using the Site you agree to be bound by these Customer Terms. If you do not agree to these Customer Terms then please do not use the Services or any part of them.
Information about us
Our site is made available and operated by GiftRound Limited (“Company”, “we”, “our”, “us”) and by other persons acting on our behalf.
We are a company incorporated in Scotland (registered number SC515352) having its registered office at 49 Castleview Drive, Bridge of Allan, Stirling FK9 4BD.
If you are a Consumer:
These Terms set out:
– your legal rights and responsibilities;
– our legal rights and responsibilities; and
– certain key information required by law.
If you don’t understand any of these Terms and want to talk to Us about it, please contact Us by: e-mail support@giftround.co.uk responding during business hours Monday to Friday 09:00 – 17:00
Definitions
In these Terms the following expressions shall, unless the context otherwise requires, have the following meanings:
“Collection Monies” means the amount raised by a Collection Organiser through our site in relation to a Collection;
“Collection Organiser” means a User who has registered to use the GiftRound Service or is using it in terms of section 5 below;
“Intellectual Property Rights” means inventions, patent applications, patents, design rights, copyrights, trade marks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world;
“Order” means the online order form to be completed by You when placing an order with us;
“Partner Sites” are as set out on our site from time to time;
“Service(s)” means the services operated and maintained by us, accessible via our site, or ancillary online or offline products and services provided to you by us, to which you are being granted access under these Terms; and
“User(s)” means individuals who use the Service and have been supplied user identifications and passwords by you (or by us at your request).
“Vendor” refers to the partners that are selling their gifts and vouchers in the GiftRound Store.
1. Accessing our Service
Access to the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the services we provide through the Site without notice. We will not be liable if for any reason any of the Services are unavailable at any time or for any period.
From time to time, we may restrict access to any or all of the Services, to users who have registered with us. Any personal data and other information provided by you is processed by us in accordance with our Privacy Policy. By providing any such personal data or other information you agree to the terms of our Privacy Policy.
If you choose, or you are provided with, a user user name, 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 user name 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 Customer Terms.
It is your responsibility to ensure that all information (including your name and address) you upload to the Site, is correct and accurate. Ensure that you check all information before making a purchase.
2. Intellectual property rights
We own, or are the licensee to, all right, title and interest in and to the Service, including all rights under patent, copyright, trade secret or trademark law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from any part of the Service.
You must not extract or otherwise use any of the content on the Site and/or Service for commercial purposes without obtaining a licence to do so from us or our licensors.
We respect the intellectual property rights of others and we ask our Vendors to do the same. If you are aware that any of your intellectual property rights have been infringed on the Site, please contact us here to report the concern.
3. Description of GiftRound Store’s service
Please note that when you decide to purchase goods and/or services the resulting legal contract is between you and that Vendor and such contract shall compromise of these Customer Terms, the email confirmation of your order and the applicable details on the product page and you agree to be bound by all such provisions.
You should carefully review the Customer Terms, the email confirmation of your order and the applicable details on the product page in relation to the order. If there is any conflict or inconsistency between these Customer Terms and the email confirmation of your order or the applicable details on the product page, these Customer Terms shall prevail to the extent of the conflict or inconsistency.
We cannot give any undertaking, that goods and/or services you purchase from Vendors through the Site will be of satisfactory quality, and this and any other such warranties (whether express or implied) are disclaimed by us absolutely to the fullest extent permitted by law. This disclaimer does not affect your statutory rights against the Vendor. Where you order goods and/or services through the Site we may disclose your customer information related to that transaction to the relevant Vendor.
We do not review or control, and are not responsible in any way for, listings provided by Vendors and at no time do we possess any items offered for sale by Vendors through the Site.
4. Disclaimer of Warranties and limitation of liability
(a)To the fullest extent permitted by applicable laws, we disclaim responsibility for any harm resulting from your use of any part of the Service.
(b) The Site is provided “as is” and “as available” and we expressly disclaim to the fullest extent permitted by law all express, implied and statutory warranties.
(c) Nothing in these Customer Terms shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
5. How contracts are formed between you and Vendors
Each order you place shall be deemed to be an offer by you to purchase the goods and/or services specified within it subject to the Customer Terms and the applicable details on the product page.
No order shall be deemed to be accepted by the Vendor until we (acting as the commercial agent of the Vendor) issue an email acknowledgement of order. The contract between you and a Vendor will relate only to those goods and/or services notified in the email acknowledgement of order.
6. Payment methods
Purchases for goods and/or services you make with Vendors may only be paid for using the payment methods we make available from time to time through our payment facility or by redeeming an email gift voucher or physical gift card (individually a “Gift Card”, together “Gift Cards”) against us to put towards your purchase of goods and/or services on the Site. Except as otherwise described in the Gift Card special terms and conditions below, in accepting or otherwise processing your payments related to the purchase of items from Vendors, we act in the capacity as commercial agent of the Vendor. In respect of all payment methods including Gift Cards, the Vendor acknowledges and agrees that the valid payment by you to us or redemption of a Gift Card for the purchase of item(s) between you and the Vendor will satisfy your obligation to pay the Vendor for the relevant item(s) and consequently, any debt obligations owed by you to the Vendor for the purchase of such items shall be extinguished at that time. You acknowledge that these Customer Terms, and/or any transaction made by you via giftround.co.uk, do not create or imply any partnership, joint venture or trust relationship between us, you and/or the Vendor. The Vendor further agrees that it will not seek recourse (legal or otherwise) against you for payment of items if you have validly paid us. All prices shall be shown in the applicable currency and payable in that currency. You accept that some banks may charge you an additional fee for certain transactions (for example, international transactions). You accept that item prices in the currencies displayed do not vary according to your location; delivery charges will vary depending on the destination to choose to have the item delivered. All prices shown on the Site are inclusive of VAT or other sales taxes due in the United Kingdom or the EU. For delivery destinations outside of the United Kingdom, prices do not include other customs duties which will, if applicable, be payable by you. We currently do not ship products to outside the UK.
7. Refusal of transaction
We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun.
8. Delivery arrangements
Your shopping basket on the Site displays the goods you have chosen, the Vendor who shall provide them and details of postage and packing. The delivery costs for each Vendor vary according to the delivery methods they offer. Any delivery times quoted are in working days. Deliveries can not be made to postal addresses outside the UK.
9. Returns
Please see our Returns & Refunds Policy if you wish to discuss or organise a return, replacement or refund of an item purchased through the Site. Unfortunately some items are non-cancelable and non-refundable, please see our Returns & Refunds Policy for more information.
10. Uploading material to the Site
Uploaded material must not: (i) be defamatory of any person; (ii) contain material which is obscene, discriminatory, offensive, hateful, threatening or inflammatory; (iii) infringe any copyright, database right or trade mark of any other person; (iv) be likely to deceive any person; (v) promote any illegal activity; (vi) be likely to harass, upset, embarrass, alarm or annoy any other person; or (vii) be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
Any material a user uploads to the Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose a user’s identity to any third party who is claiming that any material posted or uploaded by such user constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by users. We have the right to remove any material or posting a user makes on the Site.
11. Viruses, hacking and other offences
You must not misuse our Site or any part of the Service by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of-service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
12. Waiver
If we fail at any time to insist upon strict performance of any of your obligations under these Customer Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Customer Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
13. Severability
If any of these Customer Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
14. Entire agreement
These Customer Terms and any documents expressly referred to in them constitute the entire agreement between us and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between us, whether written or oral, relating to its subject matter. Each of us agrees that neither we nor you shall have any remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these Customer Terms or any documents expressly referred to in them. Neither of us shall have any claim for innocent or negligent misrepresentation based upon any statement in these Customer Terms and any documents expressly referred to in them.
15. Force majeure
Where we or a Vendor are prevented from or delayed in carrying out obligations under these Customer Terms due to circumstances beyond our or the Vendor’s reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to the Vendor’s workforce), or restraints or delays affecting carriers or an inability or delay in obtaining supplies of adequate or suitable materials then either our or the Vendor’s (as the case may be) performance of its obligations shall be postponed for the period of time that the circumstances continue.
16. Rights of Third Parties
No provision of these Customer Terms shall be enforceable by any third party (which includes for these purposes any third party: employee, officer, agent, representative or sub-contractor of either GiftRound or the Vendor) under the Contracts (Rights of Third Parties) Act 1999 or otherwise. Nothing in this clause excludes the rights of GiftRound when acting as commercial agent of any Vendor.
17. Law and jurisdiction
Contracts for the purchase of goods or services through our Site shall be governed by Scottish law. Any dispute arising from, or related to, such contracts shall be subject to the exclusive jurisdiction of the courts of Scotland.
18. Feedback and Complaints
General comments about the Site are welcome, please contact us here. Complaints about a specific Vendor, goods or services must be directed to the Vendor concerned through the contact details provided on the order confirmation email that you receive for resolution directly with them.
19. Other applicable terms and conditions
Additional terms and conditions may apply to certain of our products and services. These products and services, and the terms and conditions which apply to them, are set out below.