These terms and conditions apply to the use of this website, www.giftedtoyou.co.uk and other online areas owned or operated by us, such as mobile phone apps (collectively the “Site”). By visiting giftedtoyou.co.uk or by placing an order, you confirm that you have read these terms and conditions and agree to adhere to them in their entirety. If you do not agree to these terms and conditions, you must not use the Site. We may update or vary our terms and conditions from time to time, so please check this page for the latest version whenever you visit giftedtoyou.co.uk. We can also update and vary the terms and conditions by notice on other pages of the Site.You will be able to access some areas of giftedtoyuou.co.uk without registering your details with us. Other areas are only open to you if you register.
2. About us
Whenever you buy a product through the Site, you will be contracting with Gifted To You Ltd, a limited liability company incorporated in England and Wales under company number 10554265
3. When you place an order
3.1. Product descriptions
We use our reasonable endeavours to make sure that every product on giftedtoyou.co.uk is shown accurately and that prices are correct. However, we may substitute a product or an item in a gift box with a similar or superior item. Gifted To You disclaims all representations and warranties that the content or information on the Site is accurate, complete, up to date or does not infringe the rights of any third party.
3.2. Placing your order
When you place an order with us (by choosing an item and completing our online checkout process) we will send you an acknowledgement by email. This will detail the products you have ordered. Please note that your completion of the online checkout process does not constitute our acceptance of your order. Our acceptance of your order only takes place when we dispatch it. A ‘purchase contract’ between you and giftedtoyou.co.uk is therefore made at the point of dispatch, rather than at the point of payment. If you have cancelled your order, or if we notify you that we cannot accept your order, then no purchase contract will have been made. From time to time, we may not be able to accept an order for the following reasons:
- If, unfortunately, we do not have your chosen goods in stock
- Where we cannot obtain authorisation for your payment
- If there has been a pricing or product description error
- If you do not meet any eligibility criteria set out in our terms and conditions. Due to the Licensing Act 2003, we cannot sell alcoholic products to anyone under 18. We may refuse an order or a delivery of alcoholic items at our discretion. By placing an order for alcohol, you confirm that both you and the person the order is sent to are aged 18 years or over. We reserve the right to cancel your order at any time and issue a full refund. This does not affect your statutory rights.
3.3. Ordering multiple products
Multiple items can be ordered at the same time and will be dispatched on the same day, but may arrive in separate packages.
At giftedtoyou.co.uk you can pay for your goods using VISA or Mastercard credit or debit cards.
4. Supply and pricing of goods
4.1. Supply of Goods
The gift products sold on our app and website are manufactured and shipped from a range of different in-house and third-party facilities based in the UK on behalf of Gifted To You.
4.2. Prices and sales tax
The prices of goods shipped include VAT at the prevailing rate (Currently the standard rate is 20%).
4.3. Postage and packaging charges
For most items, prices are shown exclusive of postage and packaging charges; these will be shown separately at the checkout stage. In some cases, prices shown may include postage and packaging. If this is the case this will be clearly stated.
4.4. VAT receipts
In most cases your order confirmation contains all the necessary information to constitute a simplified VAT receipt in line with the HMRC guidelines. However, should you require a Full VAT invoice, these are available upon request; please allow up to 10 working days for these to be sent.
We know just how important it is that your gifts arrive on time for that special occasion. During the order process, Gifted To You will notify you of the dispatch dates available and the expected time frame for receiving your order. We will also make you aware of any delivery charges prior to the acceptance of your order. Delivery times and charges will differ depending on which products you order. More details are set out below.
5.1. Important general delivery information
The dispatch date is the day we send the item you have ordered, not the day it will be delivered. Accuracy of delivery will be greatly improved if you use a full post code, the recipient mobile number, the recipient email and any special delivery instructions related to how goods can be left at the premises. Full recipient information provision is essential for the delivery of fresh flowers and fresh food. If any of the details you have given us in your delivery address are incorrect, we are not liable for any items which are not received.
5.2. Delivery of flowers by courier
When you place your order, you can give instructions for the driver, advising what to do if no one is in when they attempt delivery.
5.3. Delivery of physical gifts as opposed to gifts delivered electronically
When you place your order, you can give instructions for our delivery company, advising what to do if no one is in when they attempt delivery.
6. Changing or cancelling an order
Orders can only be changed or cancelled if the status is on ‘Order Received’. If the status displays ‘Order Sent’ then it has already been dispatched and, unfortunately, cannot be amended or cancelled.
To cancel or change an order please email email@example.com and quote your order number. The order will only be deemed to have been cancelled once you have received a cancellation email from us.
7. Returns or refund
In the unlikely event that a physical gift is faulty, or it is damaged in delivery or is the wrong item, we ask you to contact us to let us know of the problem as soon as possible. We will then advise you on whether you are eligible for a refund or replacement.
7.1 Reporting a problem.
If for any reason you are not happy with your Gifted To You order, please contact our Customer Service Team on firstname.lastname@example.org You will need to quote your order number, your email address that you have registered with and have the address and details of the problem with your order to hand. We aim to acknowledge any complaint within 7 working days, (usually it takes 1-2 days) and will do our best to resolve it within 14 days. We may ask you to take a timed photograph of the product to help us communicate with our suppliers and correct any future problems. Should it be necessary, we will then advise you how to return your item, which will be at our cost.
Please note: because flowers are perishable, we need to be informed of any problem with your order within three days of delivery to give us the best chance of resolving the issue. We will, at our discretion, consider issues raised after three days, but reserve the right to refuse a refund or replacement. For peace of mind, please note that all of our flowers benefit from a 5-day freshness guarantee from dispatch date and are delivered with comprehensive care instructions for all varieties of flower that we supply.
7.2. Returning products and issuing refunds – flowers
If the recipient receives damaged flowers or they fail to arrive, please contact us immediately so that we can arrange to re-send on the next available delivery date or to give a full or partial refund. The amount of partial refund will depend on the specific circumstances surrounding the flowers.
It is not our policy to offer both a refund and a resend. Where flowers have been damaged we will normally ask for photographs clearly showing the problem so we can use them to determine what is going wrong with our system or our couriers. Refunds cannot be given for flowers that have died quickly, unless we believe there to be a genuine problem. It is important that flowers are cared for correctly. Putting them by heat sources or draughts, or failing to change the water will damage them. We include instructions and flower-food with all our arrangements. All flowers should normally last five days or longer, although this varies by variety. In some circumstances, flowers are sent in bud will not be fully open when they arrive. However, they should open once they have settled at room temperature. It is important that we are contacted as soon as possible regarding issues with your order or the product(s) you have ordered. We need to be informed of any issues within three days of the delivery to give us the best chance of successfully resolving the issue.
7.3. Returning products and issuing refunds – other than flowers
If there is an item that is faulty, we will ask you to return it to us within three days of receipt. You can contact our Customer Service Team for a Freepost returns address and packaging. Your right to return items to us in accordance with these terms and conditions is in addition to any other statutory rights you may have. If you are eligible for a refund, we will reimburse the price you have paid for the product(s) onto the credit or debit card that you paid with. Alternatively, we may offer to resend the item free of charge. Please note it is not our policy to offer both a refund and a resend.
7.4. Multiple refund requests
If there are persistent claims for refunds from the same individual or group of individuals, we reserve the right not to issue a refund or replace an order. We may refuse to take any future orders from any such customers and will inform them of our decision in writing, via email or over the telephone.
8. Supply of gift cards
Gifted To You is primarily a company that provides physical gifts, but as we do offer paid-for gift cards, there are some legal requirements that we need to make you aware of.
By placing an order for a given gift card, you agree to purchase the gift card you have selected on the terms, restrictions and conditions associated with the gift card. Once you’ve placed your order, you will receive a confirmation of the purchase and your credit card will be charged for the amount of the paid gift card value. Once the purchase is confirmed the gift card will be sent to the selected recipient using the Site and associated platforms like our mobile application.
8.1. Merchant Responsibility
To be clear, Gifted To You markets the gift cards and acts as an agent in selling the gift cards on behalf of the Merchants. But the Merchant is the issuer of the gift card. As issuer of the gift card, the Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Merchant or its products and services, as well as for any unclaimed property liability arising from unredeemed or partially redeemed gift cards. By purchasing a gift card, a customer acquires the right to redeem a gift card issued by the participating Merchant and to use the gift card according to its terms and the terms of this Agreement. Whether the user chooses to redeem the gift card prior to its expiry date is within the user’s sole control and at the user’s sole discretion.
8.2. The gift card and Expiry Date
Each gift card is of a specific value.
The expiration date for a gift card is as printed or displayed on the gift card.
8.3. Gift Card Specific Terms
Each gift card can come with specific terms associated with the gift card, which will be presented to you at the time you commit to purchase the particular gift card and in connection with the gift card after it has been distributed. Gift card specific terms supersede any inconsistent terms in these terms and conditions, except to the extent such terms are prohibited by applicable law.
8.4. Global Terms
Unless otherwise stated in the gift card or required by law, the following additional terms apply to all gift cards:
- No cash back will be issued for partial redemption of the paid portion of a gift card, except as required by law,
- No cash back or credit will be issued for partial redemption of the promotional portion of a gift card,
- Use of a gift card for alcoholic beverages is at the sole discretion of the Merchant (which may be limited by applicable state or provincial law), unless otherwise noted on the gift card,
- Gift cards cannot be used for taxes, tips, prior balances, shipping or handling, as applicable,
- Neither Gifted To You nor the Merchant is responsible for lost or stolen gift cards or gift card reference numbers,
- Duplicate use, sale or trade of a gift card is prohibited, except as required by law.
9. Security and your privacy
10. Use of the website
10.1. Abuse of service
You agree not to use giftedtoyou.co.uk directly or indirectly for any unlawful purpose, or to cause distress or offence to any person. You also agree not to upload, email to us or print any images or other copyrighted material without the express permission of the owner.
10.2. Intellectual Property
All text, software, music, sound, photographs, graphics, video, page layouts, design and other material that is contained on the Site is protected by giftedtoyou.co.uk or third party copyrights, trademarks, service marks, patents or other proprietary rights and laws. You do not have permission, except where expressly authorised to do so, to change, copy, store, publish, rent, licence, sell or distribute in any way any of these intellectual property rights. “Gifted To You” is our registered trademark, and you agree not to display or use it in any manner without our prior written consent.
10.3. Site content and service access
We will always try to ensure that giftedtoyou.co.uk is available 24 hours a day. However, we will not be liable if for any reason the Site is unavailable at any time, or for any period.
Occasionally, we may provide links to other websites or resources for your convenience. We do not endorse the contents of those websites and are not responsible for their availability or service. We will not be liable in any way for any loss or damage which you may suffer by using those websites. If you decide to access linked third party websites you do so at your own risk.
We exclude all representations, warranties, conditions and terms (whether express or implied) to the fullest extent permitted by law.
We, any other party (whether or not involved in creating, producing, maintaining or delivering the Site), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with your use of the Site in any way or in connection with the use, inability to use or the results of use of the Site, any websites linked to the Site or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Site or your downloading of any material from the Site or any websites linked to the Site.
Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (ii) fraud (iii) misrepresentation as to a fundamental matter or (iv) any liability which cannot be excluded or limited under applicable law.
If your use of material on the Site results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of the Site, or the use by any other person using your registration details.
Your permission to use the site is conditional upon your agreement that you:
- Are 16 years of age or older
- will provide accurate information when creating an account or registering for our services
- are solely responsible for your user id and the activity that occurs while signed in to or while using the Site
- will not use the Site to collect any personally identifiable information, including account names, email addresses, or other such information, for commercial purposes
- will not use the communication systems provided by or contacts made on the Site for any commercial solicitation purposes
- are solely responsible for your content submissions, including discussion posts, profile information and links, pictures, and other such content
- will only access the Site using your true and genuine Facebook account, and not create multiple Facebook accounts with the purpose of accessing individual campaigns
These terms and conditions constitute the entire agreement in respect of the use of the Site and the items and services offered via the Site.
If any of these terms and conditions is found to be invalid this shall not affect the validity of the remaining provisions which shall remain fully enforceable. No waiver by us of any term shall be deemed to be continuing or shall be deemed to be a waiver of any other term.
Only you and Gifted To You shall be entitled to enforce these terms and conditions. No third party shall be entitled to enforce any of these terms and conditions whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
These terms and conditions will be interpreted and construed in accordance with the laws of England and Wales and will be subject to the exclusive jurisdiction of the English Courts.