1.1 By clicking on the " Accept" button at the bottom of these Terms and Conditions you agree to be legally bound by these Terms and Conditions. OR By opening an account with and/or trading with Easygift Products Ltd you agreed to be legally bound by these Terms and Conditions
1.2 The website and our catalogues are designed to assist you in your ordering of Easygift products ("the Products"). Our website and catalogues describe the Products in more detail, but manufacturers may make changes to the specification of the Products at any time.
1.3 We make no warranty, express or implied that making the Products available in any particular jurisdiction outside the UK is permitted under any law or regulation. Accordingly, if making the Products available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Products are not offered for sale to you. You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to purchase the Products. To the extent permitted by applicable law, we accept no liability, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the Products by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.
2 BUYING PRODUCTS
2.1 All orders for Products will be deemed to be an offer by you to purchase a Product under these Terms and Conditions which govern the Contract between us ("the Contract") to the exclusion of all other terms and conditions and all Products are offered subject to availability. Acknowledgement of receipt of order shall not constitute acceptance of an order unless acceptance is expressly stated in the acknowledgement.
2.2 No variation of these Terms and Conditions shall be binding unless agreed in writing between our authorised representatives and you. Our employees or agents are not authorised to make any representations concerning the Products unless confirmed by us in writing.
2.3 Printing or processing by us in accordance with your instructions is also governed by the Print Terms and Conditions, which are available from our premises at Unit 24, New Haven Business Park, Barton Lane, Eccles, Manchester, M30 0HH and will be sent to you with any quotation for such services.
2.4 Manufacturers recommended retail prices may be displayed in our catalogues and on our website. Our pricing structure is as agreed with and notified to you. The price of any Product is the price in force at the date and time of your order. We may change the price of any Product before you place an order. We will inform you if a Product´s price is higher than that stated in your order and you may cancel the order and decide whether or not to order the Product at the current price.
2.5 We are entitled to refuse any order placed by you. If the Product you ordered is unavailable, we may provide to you a substitute of an equivalent quality and price without notice. ("Substitute Product").
2.6 You undertake that all details you provide to us for the purpose of purchasing Products will be correct. We reserve the right to obtain validation of your credit, debit or purchasing card details before providing you with any Products. Time of payment shall be of the essence of the Contract.
2.7 You are responsible for complying with any legislation or regulations governing the import and export of the Products into the country of destination and/or the payment of any applicable duties.
2.8 No order, which has been accepted by us, may be cancelled by you except with our written agreement and on terms that you will indemnify us in full against all loss (including loss of profit), costs (including the cost of all labour and material used), damages, charges and expenses incurred by us as a result of the cancellation.
3.1 No goods can be accepted for return without prior agreement.
3.2 Returned goods may be subject to a handling charge at your expense.
3.3 Any goods returned must be in original unmarked condition and packaging. Packaging that has been defaced, written on, damaged or marked in any way cannot be accepted for return.
3.4 Goods ordered specially on your behalf are strictly non-returnable and non-refundable.
3.5.1 the Product delivered is not a Substitute Product and is not what you ordered;
or 3.5.2 the Product delivered is not fit for purpose. we will, at our option, deliver to you a replacement Product or refund to you the price paid.
3.6 Any claim by you which is based on any defect in the quality or condition of the Products or their failure to correspond with specification should be notified to us within 7 working days of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused, and you do not notify us accordingly, you will not be entitled to reject the Products and we shall have no liability for such defect or failure, and you will be bound to pay the price as if the Products had been delivered in accordance with the Contract.
3.7 Where any valid claim in respect of any of the Products which is based on any defect in the quality or condition of the Products or their failure to meet specification is notified to us in accordance with these conditions, we shall be entitled to replace the Products (or the part in question) free of charge or, at our sole discretion, refund to you the price of the Products (or a proportionate part of the price), but we shall have no further liability to you.
3.8 If you have any complaints, you should direct them to us by email: email@example.com or by post at Unit 24, New Haven Business Park, Barton Lane, Eccles, Manchester, M30 0HH
4.1 Delivery of the Products shall be made by us delivering the Products to your address for delivery in the United Kingdom. Risk of damage, breakage or loss of the Products shall pass to you on delivery.
4.2 Any dates quoted for delivery of the Products are approximate only and we shall not be liable for any delay in delivery of the Products howsoever caused.
4.3 Delivery is normally at our cost price, but we reserve the right from time to time to impose insurance charges, which will be notified to you when your order is accepted.
4.4 Where the Products are to be delivered in instalments, each delivery shall constitute a separate Contract and failure by us to deliver any one or more of the instalments in accordance with these Terms and Conditions or any claim by you in respect of any one or more instalments shall not entitle you to treat the Contract as a whole as repudiated.
4.5 If we fail to deliver the Products for any reason other than any cause beyond our reasonable control or your fault, and we are accordingly liable to you, our liability shall be limited to the excess (if any) of the cost to you (in the cheapest available market) of similar products to replace those not delivered, over the price of the Products.
4.6 If you fail to take delivery of the Products or fail to give us adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond your reasonable control or by reason of our fault) then, without prejudice to any other right or remedy available to us, we may:
4.6.1 store the Products until actual delivery and charge you for the reasonable costs (including insurance) of storage;
or 4.6.2 sell the Products at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to you for the excess over the price under the Contract or charge you for any shortfall below the price under the Contract.
4.7 Any notification of shortages or damaged Products must reach us within seven days from delivery.
5 INFORMATION YOU PROVIDE
5.1 The following applies to any information you provide to us, for example during any account opening or ordering process:
5.1.1 You authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the services which are available through our website by us or our sub-contractors. If you obtain or choose to buy Products through our website then we may collect information about your buying behaviour and if you send us personal correspondence such as e-mails or letters then we may collect this information into a file specific to you (together, the various purposes shall be known as "the Purposes"). All such information collected by us shall be referred to in these terms and conditions as "Personal Information".
5.2 By accepting these Terms and Conditions, you agree to the processing and disclosure of the Personal Information for the Purposes. You also agree that the Purposes may be amended to include other uses or disclosures of Personal Information following notification to you by means of a notice on our website, which you should check regularly. If you would like to review or modify any part of your Personal Information then you should e-mail us at firstname.lastname@example.org or by post at Unit 24, New Haven Business Park, Barton Lane, Eccles, Manchester, M30 0HH
6 WARRANTY AND LIABILITY
6.1 All descriptions, illustrations, sizes, weights and capacities within the catalogues and website are given as a guide only and Products will not necessarily conform in absolute detail.
6.2 Goods are sold subject to title not passing until full payment has been received by us.
6.3 In relation to the purchase of Products, we accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect), however caused, even if foreseeable.
6.4 In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our website or its contents, we accept no liability for this loss or damage whether due to inaccuracy, error, omission or any other cause and whether on our part or on the part of our servants, agents or any other person.
6.5 If we are liable to you for any reason, our liability will be limited to the amount paid by you for the Product concerned. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence.
6.6 If you are ordering on-line, you are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our website and is compatible with our website. We do not guarantee or warrant that any material available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
6.7 Subject as expressly provided in these Terms and Conditions, and except where Products are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, representations, endorsement, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
6.8 We shall not be liable to you or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the Products, if the delay or failure was due to any cause beyond our reasonable control including (but without limitation) strikes, lockouts or other industrial actions or trade disputes.
6.9 We shall not be liable for and you shall indemnify and hold us harmless against any claim by or loss or damage to any third party or third party´s property directly or indirectly occasioned by or arising from the use or possession of the Products.
6.10 Your right to set off any sums due by you on whatever basis against sums due by us is specifically excluded.
6.11 The limitations and exclusions in this Clause 6 only apply to the extent permitted by applicable law.
7.1 We may assign, novate or sub-contract any or all of our rights and obligations under these Terms and Conditions at any time.
7.2 We may alter these Terms and Conditions from time to time and make the new version available on our website and/or by other means.
7.4 If any provision or term of these Terms and Conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other Terms and Conditions and shall be deemed to be deleted from them.
7.5 These Terms and Conditions, your use of our website and any Contract formed by us are governed by English law and you submit to the non-exclusive jurisdiction of the English court.
7.6 Neither of us will be held liable for any failure to perform any obligation to the other due to causes beyond your or our respective reasonable control.
7.7 Failure by either party to exercise any right or remedy under this Contract does not constitute a waiver of that right or remedy.
8.1 All notices shall be given:
8.1.1 to us by e-mail at email@example.com or by post at 76 Bury New Rd, Prestwich, M25 0JU.
or 8.1.2 to you at either the e-mail or postal address you provide during any ordering process. Notices will be deemed received when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.
WEBSITE TERMS AND CONDITIONS
Purpose of the Site
The purpose of this site is to provide you with information on Easygift and our products. If you wish to order products on-line you will enter a part of the site to which our Trading Terms and Conditions also apply. The Trading Terms and Conditions govern the provision of our products and services. Neither the information nor any opinion expressed on this part of site is an offer to provide any product or service. By communicating with Easygift electronically or using any part of this site, you are legally bound by these Website Terms & Conditions.
Use of Site
We have made reasonable efforts to ensure the accuracy, currency, completeness and electronic integrity of this site and the information published on it. However, we cannot accept liability for any loss of any kind incurred as a result of reliance on the information provided in this site or any other website which can be accessed by a link from this site, or the functioning of this site. The contents of this site are subject to change without notice.
We exclude to the fullest extent permitted by law all liability for any claims, penalties, losses, damages, costs or expenses arising from the use of, or inability to use, this site or from any unauthorised access to or alteration of the site.
This site is established in the United Kingdom and is directed to United Kingdom residents only. English Laws governs these Terms and Conditions and your use of this site. By accessing this site you agree to submit to the exclusive jurisdiction of the English Courts in relation to any claim or dispute arising out of or connected with your use of the site.
This site may not be linked with another site without the express written consent of Easygift. Users of this site are authorised only to view and download a single copy of the material for general information purposes and are reminded that this site´s contents and constituent parts are protected by copyright, trademark and other laws.
Supply of Information
E-mail is not a confidential or secure form of communication and is susceptible to delay, non-delivery and can be intercepted by third parties. Any information sent by e-mail is done so at your own risk. Any information e-mailed to us may be emailed on to the appropriate Easygift department.
You understand and agree that the information you supply online will become part of the database held by Easygift as a Data Controller in accordance with the Data Protection Act 1998 ("DPA"). The information supplied by you will be used for research and marketing purposes and may be updated by you at any time by contacting Easygift at 76 Bury New Rd, Prestwich, M25 0JU.
You have the right under the DPA to request a copy of the personal data, which Easygift holds about you on its records. The fee for this service is £20.00. For further information please contact Easygift at 76 Bury New Rd, Prestwich, M25 0JU.
Easygift is a company registered in England with company number 6556776.
VAT no. GB 939 6414 87