ACCEPTANCE OF TERMS
IMPORTANT NOTE: Please read these Customer Terms and Conditions carefully before you purchase any items on the Gifted Local site. We reserve the right to update these Customer Terms so you must review these periodically for any changes.
If you do not agree with these Terms you should not purchase any Products.
DEFINITIONS AND INTERPRETATION
In these Conditions, the following words shall have the following meanings only and shall not affect the interpretation or construction of the Conditions:
“Confirmation Email” is an email the Seller to the Customer to confirm the order will be delivered, when the Product will be delivered and to finalise any personalisation requirements.
“Confidential Information” means any information that would be regarded as confidential by a reasonable business person relating to the business, affairs, customers, clients, suppliers, plans, operations, processes, product information, know-how, designs, trade secrets or software of either party;
"Customer" means a person(s), firm or company who enters into or is invited to enter into any transaction to purchases Product(s) from the Sellers through the Site;
“Customer Information” is the information the Seller needs to have to fulfil an Order including, but not limited to, their name, delivery address, contact number and any information to personalise the Product
"Customer Terms and Conditions" or “Customer Terms” means the Customer Terms and Conditions as found on the Gifted Local Site;
“GDPR” means the General Data Protection Regulation, Regulation (EU) 2016/679 of the European Parliament.
"Gifted Local" means Gifted Local Ltd (a company incorporated and registered in England and Wales with company number 12114780) whose registered office is at Gifted Local Ltd, 483 Green Lanes N13 4BS)
"Gifted Local Website" or “Site” or “Website” means https://www.giftedlocal.com or https://www.giftedlocal.co.uk or such other worldwide web address that Gifted Local in its sole discretion selects as a replacement;
“Order” is where the Customer has selected and paid for a Product off the Gifted Local Site but the Seller has yet to agree to fulfilling the order
“Postage and Packaging costs” refer to the cost of packaging the Product and delivering it. This may include, but is not limited to, hand delivery or using a delivery service.
"Product” or “Products" means the goods, services, experience or information that Sellers wish to promote and sell through the Site;
"Returns and Refunds Policy" means the procedures set out in the Refunds Policy which can be found on the Gifted Local site;
"Seller" means a person who sells their Products through the Site;
"Value Added Tax" or “VAT” means value added, sales or services tax, or any similar tax imposed in any jurisdiction;
“Working Day” means any day other than a Saturday or Sunday on which banks are open for business in London.
The headings contained in these Conditions are for ease of reference only and shall not affect in any way the meaning or interpretation of these Conditions.
- About us
The Services are operated by Gifted Local Ltd ("we"). We are registered in England and Wales under company number 12114780 and with our registered office address at 483 Green Lanes, N13 4BS.
- 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.
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.
- Description of Gifted Local’s service
Please note that when you decide to purchase goods and/or services the resulting legal contract is between you and that Seller and such contract shall comprise of these Customer Terms and Conditions, 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 Conditions and the email confirmation of your order or the applicable details on the product page, these Customer Terms and Conditions shall prevail to the extent of the conflict or inconsistency.
The Products are provided by Gifted Local’s Sellers, and Gifted Local is responsible for processing the Order(s) as the commercial agent of the relevant Seller.
For the avoidance of doubt, Gifted Local is not responsible or liable to you for the actual Products that you order through Gifted Local Website. The provision of the Products ordered via the Site is the responsibility of the Seller who provides them. In the event you pay for Products via the Site your payment will be received by Gifted Local acting as commercial agent on behalf of the Seller. Gifted Local’s receipt of the correct payment will discharge your debt to that Seller.
Gifted Local offers a service that facilitates the placing of orders with third party Sellers. All Orders placed through the Site will be subject to:
- the Seller’s acceptance of the Order
- any additional terms and conditions imposed by the Seller; and;
- all Products and Services are sold subject to availability.
Each Order placed by you shall be deemed to be an offer by you to purchase the Products from the Seller. No Order is accepted and no contract comes into existence until you receive a Confirmation Email from the Seller,
We cannot give any undertaking, that Products and/or services you purchase from Sellers 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 Seller.
- How contracts are formed between you and Sellers
Each Order you place shall be deemed to be an offer by you to purchase the Products specified within it, subject to the Customer Terms and Conditions and the applicable details on the product page.
No order shall be deemed to be accepted by the Seller until they send you a Confirmation Email.
The contract between you and a Seller will relate only to those Products notified in the Confirmation Email.
- Payment methods
Purchases for Products you make with Sellers may only be paid for using the payment methods we make available through our payment facility.
You acknowledge that these Customer Terms, and/or any transaction made by you via giftedlocal.com, do not create or imply any partnership, joint venture or trust relationship between us, you and/or the Seller. The Seller 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).
Please note that the Site is a marketplace, and as that transactions are between you and Seller, and not between you and Gifted Local even though we will take your payment from you.
- Contact with the Seller
Any contact with the Seller 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.
Please keep email@example.com cced on all correspondence between you and the Seller.
- Refusal of an Order
We may refuse to process an Order 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 Order after processing has begun.
- Order and Delivery arrangements
It is your responsibility to ensure that the specification and options (if any) that you entered are accurate.
Once you have placed an Order, you will receive an e-mail from Gifted Local acknowledging that Gifted Local has received your Order. However, please note that this does not mean that your Order has been accepted. Once the Seller has contacted you by a Confirmation Email, that is the point where the Order has been accepted.
Delivery of an Order shall be completed when the Seller delivers the Products to the address you have provided Gifted Local and the Products will be your responsibility from that time.
Delivery charges will vary depending on the destination to choose to have the item delivered. For any deliveries within the postcodes N6, N8, N10, N17 and N22 you will not incur additional delivery costs. For deliveries outside of these postcodes, the delivery cost will depend on where you are based. Any delivery times quoted are in working days.
For delivery destinations within the EU prices include VAT or other sales taxes where applicable. For delivery destinations outside the EU, prices do not include VAT or other sales taxes.
We do not deliver outside of the UK. If you order goods from our Site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. 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 see our Returns & Refunds Policy if you wish to discuss or organise a return, exchange or refund of an item purchased through the Site. Unfortunately, some items are non-cancellable and non-refundable, please see our Returns & Refunds Policy for more information.
- 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.
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.
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.
- 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.
- Force majeure
Where we or a Seller are prevented from or delayed in carrying out obligations under these Customer Terms due to circumstances beyond our or the Seller's reasonable control including, without limitation, Brexit, 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 Seller'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 Seller's (as the case may be) performance of its obligations shall be postponed for the period of time that the circumstances continue.
- Law and jurisdiction
Contracts for the purchase of goods or services through our Site shall be governed by English law. Any dispute arising from, or related to, such contracts shall be subject to the exclusive jurisdiction of the courts of England.
- Feedback and Complaints
If you have any feedback or complaints, please email us at firstname.lastname@example.org
- Other applicable terms and conditions
Additional terms and conditions may apply to certain of our Products. These Products, and the terms and conditions which apply to them, are set out below.
- Promotional code terms and conditions