Nimogen Limited (t/a Wedding Gift World)
Online Terms and Conditions of Sale (Guests)
IMPORTANT NOTICE - PLEASE READ
Nimogen Limited (t/a Wedding Gift World) wishes to draw your attention to these Terms and Conditions of Sale which will apply whenever you make a purchase from us online. Please read them very carefully before you proceed to the next stage of making your purchase because they explain important information about the basis on which we will sell products.
BY PLACING AN ORDER WITH US YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF SALE.
You should print a copy of these Terms and Conditions of Sale and keep them for your records.
Section 1 - How These Terms and Conditions of Sale Apply To You
1.1 In these terms and conditions (which shall be referred to as the “Terms and Conditions of Sale”):
“We/Us/Our” : means Nimogen Limited trading as Wedding Gift World;
“You/Your” : means you, the gift purchaser;
“Website” : means the Wedding Gift World website.
1.2 Your use of this Website is also subject to the Website Terms of Use which regulate how this Website should be used by you whether or not you wish to purchase a gift. We also draw your attention to our Privacy Policy which explains to you how we will use the personal data which we collect from you. The Website Terms of Use, the Privacy Policy and these Terms and Conditions of Sale will together govern our relationship with you.
1.3 The Website displays certain products which are advertised for sale and sets out information about them. By advertising the products on the Website, we are inviting you to place an order with us for the purchase of those products. In the event that an order is placed with us, we are not obliged to accept that order and the display of products on our Website does not constitute an offer by us to sell those products to you but is merely an invitation to you to place an order with us which we may accept in accordance with paragraph 3.13 below.
1.4. All the prices for the products are displayed next to the relevant product image and information. Prices displayed on the Website may be varied at any time and without notice.
Section 2 – Who can buy products from Us
2.1 The sale of products on the Website is aimed at people who are given access to a gift list number which has been set up by a list holder. In order to make a product purchase, you will need a gift list number which will enable you to access the products for purchase which the list holder has included within their chosen gift list. You will also need a password to access the chosen gift list. These are to be obtained by you from the list holders.
2.2 The Website is aimed at consumers only, that is people who wish to buy products as gifts for personal or private use only and outside of the scope of a business. Any products which you buy from us should not at any time be offered for resale to any person. The sale of products through our Website is also aimed at adults only. We will not sell products to people under the age of 18 years and therefore by making an online purchase you are confirming that you are 18 years of age or over.
2.3 All contracts will be concluded in English.
2.4 You may also only make a purchase if you are a UK resident. We are not able to conduct online sales to anyone outside the UK at this time.
Section 3 - How the contract between us will be formed and how the ordering process works
3.1 The following paragraphs explain the process which you will need to go through to place an order with us and explain how the contract between us will be formed. This section also explains important information about the payment and delivery stages of the purchasing process.
Stage 1 – Accessing the gift list
3.2 Access to gift lists will only be granted by reference to a gift list reference number and password which you will need from the list holder. You will need to input these details into the “Find List” section of the Website. Once you have done this, the gift list will appear containing information about all the products which the list holder has included within their chosen gift list. All passwords should be treated securely.
Stage 2 - Selecting Products from the gift list for purchase
3.3 You may select a product for purchase by clicking on the “Add to Basket” icon which appears next to each item. The products which you have selected will then be added to your shopping basket. Where multiples of the same item have been included in the list by the list holder then you will also need to select the number of items which you wish to purchase.
3.4 You can also click on your shopping basket at any time so that you can see those products which you have selected for purchase. You can also change your order by clicking “Remove” if you wish to take any products out of your shopping basket at any time before your order is submitted.
Stage 3 – Proceed to Checkout
3.5 Once you have decided on the products which you would like to purchase the next stage is to click “Checkout “. This will then take you to a screen which lists the items which you have selected and you will also be asked for some personal information. If you wish to change your mind about your purchases, you can go back to your shopping basket at that stage.
Stage 4 - Payment
3.6 Once you have proceeded to the checkout page, you will then be asked to submit personal and payment details so that we can process the transaction. Please note that at any time prior to submitting your payment details, you can change the details of your order as they appear in your shopping basket by canceling the purchase or clicking “start again”. Please note that once you proceed to submit those details and you click “make payment” then your order will be placed and you cannot make any further changes.
3.7 You will be required to submit certain personal details by completing the Secure Payment Page. You should check that all payment and personal details which you submit are complete and accurate and that any inputting errors are corrected.
3.8 We use Worldpay to process the payments on our behalf. Payment will be accepted by Visa, MasterCard, Visa Purchasing, Visa Electron, JCB, Solo, Visa Delta or Maestro UK cards. Under no circumstances should any person use a card in respect of which they are not the named cardholder and by making a purchase you confirm that you are the authorised cardholder.
3.9 Please note that when you are directed to the payment section you will be entering a third party service which we cannot and do not control and we do not accept any responsibility for that service or the submission of information to it. By providing your card payment and personal details you agree to that information being used for the purposes of processing your payment. Further terms and conditions as stipulated by the payment processing third party may also apply.
3.10 All prices shown on the Website are in pounds sterling and include VAT. In most cases delivery is free of charge but we reserve the right to make charges for delivery, postage and packaging in the event that any special requirements are made.
3.11 Payment is subject to all necessary validation checks and authorisation confirmation. By submitting debit or credit card details you are confirming that the card which you are using belongs to you. Card payments may be subject to third party charges such as administration charges. We cannot and do not accept responsibility for any such charges which shall be met in full by you.
3.12 We will reimburse payment to you if we are unable to fulfill your order.
Stage 4 – Confirmation of Order
3.13 Once we have received confirmation that your payment has been accepted a screen will automatically appear thanking you for your order and confirming that your payment has been successfully processed and the contract will be formed between us once payment has been accepted. You should print a copy of this. We will also automatically send to you a confirmation of order by e-mail. Once you receive this confirmation of order you should print a copy and keep it for your records.
Section 4 – Delivery
4.1 The final stage in the process will be for us to deliver the products. Delivery will be directly to list holders to a UK address which they chose. This cannot be amended or varied by you and delivery addresses shall be in accordance with the list holder’s instruction only. All delivery arrangements are subject to the list holder terms and conditions which are a separate set of terms between us and the list holder. This means that by accepting these Terms and Conditions of Sale, the benefit of the product purchase that you make is conferred onto the list holder as a gift and that accordingly you do not have the right to receive the products which you purchase.
4.2 List holders may indicate a desired delivery date only. We shall not be responsible to you (or to the list holders) for any delay in the desired delivery date and time for delivery is not of the essence.
Section 5 – Orders and how the gift list is managed
5.1 We reserve the right to refuse to accept an order in any circumstances which we decide are appropriate but which may include situations where:
5.1.1 we are unable to obtain authorised payment for any reason or in some way the payment process does not complete; or
5.1.2 we identify a product or pricing error on the Website; or
5.1.3 you fail to meet the criteria for eligibility of purchase for example, if less than 18 years of age or a non-UK resident; or
5.1.4 you fail to submit all necessary and relevant details to allow us to fulfill the order; or
5.1.5 the products which you have selected become unavailable or out of stock whether permanently or temporarily; or
5.1.6 we receive an instruction from the list holder that they wish to remove a product from their chosen gift list prior to the product being purchased or that the gift list is to be closed.
5.2 List holders may amend the products which they wish to include within their gift list at any time prior to a product being purchased. We cannot therefore be responsible for any changes which may be made to lists. The choice of products to be included within a gift list is entirely at list holder discretion.
5.3 List holders can access their gift lists any time and will be able to see which products have been purchased and by whom. Once products have been purchased, they will be removed from the list and will no longer be available for purchase.
5.4 List holders may select to close their gift lists at any time. Accordingly gift lists shall only remain open in accordance with list holder instructions. No guarantee is provided regarding how long a list may be available for and lists may be closed at any time which means that a purchase from that list may no longer be made.
Section 6 - Cancelled Weddings
6.1 In the event that a wedding is cancelled and subject to receipt by us of the required notifications from the list holders, we will refund the value of your purchase to you but shall only do so in the event that the products have not been delivered to the list holders.
6.2 Where the products have been delivered at the time at which we receive the relevant notification that a wedding has been cancelled then the list holders can decide whether or not they wish to keep the products in which case no refund will be payable to you. In the event that the list holders do return products to us after the delivery date in those circumstances then any refund for such products will be made to you but for the avoidance of doubt, this is subject to us receiving the relevant confirmations from the list holders. Please be aware that once the product has been purchased, the benefit of that product is granted to the list holder at your instruction and therefore in the event that a wedding is cancelled the list holders may still receive their gifts should they choose to do so.
Section 7 - Cancellation Rights
7.1 Subject to certain exceptions, a customer who buys a product online may cancel the agreement during the period of seven days from the day after the delivery date of the product. In purchasing a product as a gift for the list holders, you agree that to the fullest extent which the law allows, you also allow the gift list holder to exercise those cancellation rights should they wish to do so instead of you having those rights. This means that you will not have the right to cancel the agreement once the gift has been delivered and only the list holder has those rights to cancel the agreement after the products have been delivered and during the allowed cancellation period.
7.2 If a list holder does chose to return the products during the cancellation period then they will be asked if they would like to receive either an alternative product or gift vouchers. If they do not want either of these options then they may chose to return the product to us and a refund will be given. In those circumstances, we will reimburse you as cardholder for the price paid for the products by way of refund to the card which you used to pay for your products. Your refund will be made within 30 days of the day on which the list holder notifies us of their wish to return the product.
7.3 In order to cancel an agreement and request a refund at any time prior to the products being delivered to the list holder then please inform us either by writing to us at The Picturedrome, 102 - 104 Chestergate, Macclesfield, Cheshire, SK11 6DU or by sending an e-mail to HYPERLINK "mailto:jackie@weddinggiftworld.co.uk" jackie@weddinggiftworld.co.uk.
No cancellation right shall be available in respect of certain perishable items such as perishable food.
Where the item being purchased involves a service, such as for the experience days, then the cancellation period is limited to seven days from the day after the day on which the purchase is made. Such services are also subject to separate terms and conditions and we act as agent only in respect of such sales.
Section 8 - Offers and Promotions
8. In the event that any offers or promotions are advertised on the Website then such promotions and offers are made strictly subject to availability and we may change those offers or withdraw them at any time and without notice. Nothing shall oblige us to maintain offers or promotions for any period of time. Additional terms may apply to any special offers or promotions, details of which will be displayed.
Section 9 - Our Liability to you
9.1 Nothing in these Terms and Conditions of Sale will in any way exclude our liability to you or any other person for death or personal injury caused by our negligence, for fraud or for any other matters which it would be illegal for us to exclude or attempt to exclude. Further, nothing in these Terms and Conditions of Sale will in any way affect your statutory rights. This means that where you have rights given to you under the law, nothing which is included in these Terms and Conditions of Sale will change those rights which you have.
9.2 We shall not be liable in respect of any indirect or special losses or damages of whatever nature and however they are caused. This means that we will not be responsible for any loss or damage which you incur which happens as a side effect or consequence of the main loss or damage or for anything which we could not reasonably anticipate or which you incur without first allowing us an opportunity to remedy any default which we are responsible for and within an appropriate and reasonable period of time. This will not affect your rights at Paragraph 9.1 above.
9.3 Except to the extent as expressly set out in these Terms and Conditions of Sale, all warranties are expressly excluded but only to the extent that we are permitted to do so by law.
10. General
10.1 In the event that any products become out of stock at any time then they will be indicated as being “currently out of stock” and they will not be available for order even where these have been included on a gift list. We will try to replenish low stock levels as soon as possible although we will not be obliged to do so.
10.2 Whilst we try and ensure that the information displayed on our Website is as accurate as possible, from time to time errors may occur. We therefore reserve the right to remove, change, correct, update or otherwise amend any of the content on our Website at any time and without notice to you. In the event of any pricing errors on our Website nothing shall oblige us to sell products at such stipulated price.
10.3 We reserve the right to withdraw any products from sale at any time without notice and for any reason whatsoever. Nothing shall guarantee that any particular products will be available for sale at any particular time.
10.4 We have a procedure for investigating complaints if for any reason you are not satisfied either with the products or with the service which you have received from us. This procedure is dealt with by our Customer Care team which you can contact by writing to The Picturedrome, 102 - 104 Chestergate, Macclesfield, Cheshire, SK11 6DU or you can telephone us on 01625 660339 or e-mail us at jackie@weddinggiftworld.co.uk
10.5 We will not be in any way responsible to you for a failure to sell the products which you wish to buy or otherwise for a failure to comply with our obligations under these Terms and Conditions of Sale as a result of any circumstances beyond our reasonable control for example, including but not limited to any act of God, flood, fire, trade dispute, lack of third party materials or services or terrorist acts.
10.6 If any part of these Terms and Conditions of Sale is determined in any way to be void by a Court then all other clauses of the Terms and Conditions of Sale will continue to apply to our relationship including the Website Terms of Use and our Privacy Policy. Similarly, if either we or you do not any at time act upon any rights which we have under these Terms and Conditions of Sale then it will not affect the rights of either of us to enforce any rights at a later stage.
10.7 We reserve the right to appoint any third parties to assist us in providing services to you from time to time.
10.8 Except as otherwise set out in these Terms and Conditions of Sale, another person who is not a party to these Terms and Conditions of Sale shall have no rights as a result of the Contracts (Rights of Third Parties) Act 1999 except that any rights or remedies which are available to a third party outside of the scope of that Act will not be affected.
10.9 These Terms and Conditions of Sale are subject to English law and any disputes arising under them will be subject to the exclusive jurisdiction of the English Courts.
