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This website and the wedding list service is operated by Nimogen Limited trading as Wedding Gift World. We wish to draw your attention to these List Holder Terms and Conditions which will apply whenever you register and create a gift list with us online. Please read them very carefully before you proceed to the next stage because they explain important information about the basis on which the gift list will be set up and how we will provide the gift list service.
BY REGISTERING YOUR DETAILS WITH US AND MAKING AN APPLICATION TO SET UP A GIFT LIST ACCOUNT, YOU AGREE TO BE BOUND BY THESE LIST HOLDER TERMS AND CONDITIONS.
Online List Holder Terms and Conditions
You should print a copy of these List Holder Terms and Conditions and keep them for your records.
1.1 In these list holder terms and conditions (which shall be referred to as the “List Holder Terms and Conditions”):
“We/Us/Our” : means Nimogen Limited trading as Wedding Gift World;
“You/Your” : means you, the list holder;
“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 set up a gift list. 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 List Holder Terms and Conditions will together govern our relationship with you.
1.3 The gift list service is available to UK residents only.
2.1. The Website displays products which are available for inclusion in your gift list and sets out information about them. By making this service available we are inviting you to set up a gift list with us. If you make an application to set up a gift list with us, we are not obliged to accept your application and the display of products on our Website does not constitute an offer by us to accept your application but is merely an invitation to you to set up a gift list with us.
2.2 In order to set up the list, you will need to register by providing us with your contact information as set out on the “Register Your Details” page. Once you have provided that information we will send you an e-mail with a unique gift list reference number which you will need to set up your list account together with a brochure in the post. The contract between us will be formed when we send the e-mail to you which will be our confirmation that we accept your request to set up a gift list.
2.3 Once the list account is set up you can then go online and select the products which you would like to include on your list. You may do this by clicking on those products which you would like to include. You can see the products which you have chosen at any time by reviewing your list by going to the login page and then accessing your gift list. You can also change your list by clicking on “remove” if you wish to remove any products from your list at any time before any of the items have been purchased. You cannot amend the list in respect of any particular products once those products have been purchased for example, by changing the quantity of an item included within your list.
2.4 All the prices for the products are displayed next to the relevant product image and information. Prices may be varied at any time. All prices shown on the Website are in pounds sterling and include VAT.
2.5 We will provide the gift list service as soon as the gift list has been chosen by you. This means that once the gift list has been chosen by you, it will go live and your list will be accessible to those people who have access to your unique gift list reference number. From that point we will take orders for products from your list from anyone wishing to purchase from your list.
3.1 You have the right to cancel the contract with us if you change your mind
about using our gift list service but you must do so before any gifts have
been purchased from your list. You will not be able to cancel the gift list
service once a single product from your gift list has been purchased because
we will from that point have commenced the provision of our service to you
by concluding sales of your chosen gifts and in managing your gift list and
the sales process. Please note that you also have additional rights to return
the gifts once delivered and these rights are dealt with separately at section
8 below.
3.2 If you would like to cancel then please inform us either by writing to us at Wedding Gift World, The Picturedrome, 102 - 104 Chestergate, Macclesfield, Cheshire, SK11 6DU or by sending an e-mail to jackie@weddinggiftworld.co.uk.
4.1 We will at our discretion, accept orders for the purchase of products from any person making an online purchase and it shall be your responsibility to notify persons of the availability of your gift list. We do not in any way guarantee that all the products which you have selected for inclusion on your list will be purchased and this is entirely beyond our control.
4.2 We reserve the right to refuse to sell any product to any person for any reason including but not limited to where any products are age restricted for example the sale of knives, blades or alcohol. We will not under any circumstances sell age restricted products to any person under the relevant age restriction or where we doubt that such person is of the relevant age.
4.3 You shall be responsible for the selection of products for inclusion within your gift list. In the event that you make an error in the selection of products either by including products in error or by failing to include products in your list which you had intended to include then we cannot be in any way responsible or liable for such errors.
4.4 We reserve the right to refuse to accept an order from a purchaser in any circumstances which we decide are appropriate but which may include situations where:
4.4.1 we are unable to obtain authorised payment for any reason or in some way the payment process does not complete; or
4.4.2 we identify a product or pricing error on the Website; or
4.4.3 the purchaser fails to meet the criteria for eligibility of purchase for example, if less than 18 years of age or a non-UK resident; or
4.4.4 the purchaser fails to submit all necessary and relevant details to allow us to fulfill the order; or
4.4.5 the products which you have selected become unavailable or out of stock whether permanently or temporarily.
4.5 If a product becomes unavailable and can no longer be offered for sale by us then we will notify you and we will offer you an alternative product to be included within your list either to an equivalent value or a product which is similar in nature to the one which is not available.
4.6 You can check your list at any time by logging onto the website and then accessing your list, using your unique reference number.
4.7 Once a product from your list has been purchased it will be removed from the version of the list which is available to your guests. However, you will be able to see which products have been purchased from your list.
4.8 Please note that with some products, we act as agent only in arranging the inclusion of them within the gift list. These products include the activity and experience days which are operated by a third party company. Accordingly, in the event that such activity or experience days are selected by you for inclusion within your list or purchased by a guest, you must be aware that there will be separate terms and conditions which will apply to those activity and experience days and these will be as stipulated by the provider of the days and as accepted by you. We cannot be responsible for any costs, claims, liabilities, expenses or losses which you incur in connection with your attendance at the activity or experience days.
5.1 You are responsible for ensuring that all information which you submit is accurate and complete. You should also ensure that you keep your login and account details secure at all times. The personal details which you provide will be dealt with in accordance with our Privacy Policy.
5.2 Where an application is made by you as the first list holder on behalf of a second list holder then it is your responsibility to ensure that you have the consent of that other person to disclose their personal details for the purposes of our providing the gift list service to you and that you have their permission to set up the list. If you make an application to set up a gift list on behalf of yourself and another person then we will take the application on face value which means that we will not make separate enquiries about whether the other person agrees to using our gift list service.
6.1 You may close your gift list at any time by notifying us of the date on which you wish to close your list. After that time, we will not take accept any further orders for products from your list.
6.2 Once you have closed the gift list, you can purchase any items which have not otherwise been purchased and which you originally selected as part of your gift list when you set it up at a discount of 10% (ten percent) off the published price on our Website.
6.3 In the event that your wedding is cancelled, we request that you inform us as soon as possible so that the list can be closed. In those circumstances we would ask you to provide written confirmation from both people in the couple that the wedding is cancelled. We will then refund the value of each purchase to the person who made that purchase. If products have already been delivered to you then we ask that you return the products to us in those circumstances in their original packaging and in a saleable condition. You must pay the cost of returning the products to us or if we arrange collection or return delivery we reserve the right in those circumstances to raise a charge to you to cover our reasonable costs of collection and return delivery to our premises or those of our suppliers as the case may be.
7.1 When a purchase is made from your gift list, we will offer the purchaser of the product the option to have their chosen product delivered directly to them. In all other cases, the products will be delivered directly to you in accordance with Clauses 7.2 to 7.6 below.
7.2 You may select a preferred delivery date for the products. Whilst we make every effort to deliver the products to you on your chosen delivery date, we cannot be held responsible for late or early delivery and time for delivery will not be of the essence of our agreement with you.
7.3 We do not guarantee that all products will be delivered to you in a single delivery and we reserve the right to deliver in installments. In particular, some particular items such as white goods may be delivered separately or directly from our suppliers. You will be contacted directly by the supplier in such cases so that delivery can be arranged.
7.4 In the event that you do not inform us of a delivery date then we will arrange to deliver the products which have been purchased from your gift list two weeks after your gift list has been closed. This is subject to the right which we have to deliver any outstanding items at a later date in accordance with Clause 7.3 above.
7.5 Products will be delivered to the delivery address which you may select. The delivery address which you give must be a valid U.K. mainland address. If you do not submit a specific delivery address then we will deliver your products to the postal address which you have previously submitted in order for us to send to you the handbook/brochure. Please note that we reserve the right to charge our reasonable costs of postage and packaging if delivery is to be a non-UK mainland address.
7.6 The delivery method which we use may vary depending on the nature and number of products for delivery. We reserve the right to select the most appropriate delivery method in the circumstances.
7.7 The products will be at your risk from the point at which they are delivered to you. All deliveries must be signed for.
7.8 We do not charge for delivery on weekdays between 9.00 AM and 5.00 PM except that we reserve the right to do so if you request any particular delivery arrangements which would exceed our usual delivery costs. In the event that there are any such additional costs then we will discuss these with you in advance. If you require delivery outside these times i.e. after 5.00 PM on weekdays or at any time on weekends then we can arrange this at a cost of £15 per delivery
Our policy regarding cancellation is set out in these Terms and Conditions at Clause 2.5 above in the event that you change your mind about using our gift list service and at Clause 6 above in the event of cancelled weddings.
In the event that you receive a product which is defective or faulty in some way then please let us know as soon as you become aware of the defect or fault. Depending on the nature of the product, we may ask you to return it to us or we will collect the product from you. Subject to you notifying us of the defect or fault within a reasonable period of time depending on the nature of the product in question then we will at our option either repair or replace the product or if this is not possible, offer a payment to the value of the product.
In some cases, the products are also subject to a manufacturers warranty or guarantee and you may be able to rely on any such warranty or guarantee depending on the exact terms attached to that warranty or guarantee which you received from the manufacturer.
8.4 You also have a period of seven days in which to return products to us if you change your mind about a selected gift. The seven day period commences on the day after the delivery date. In those circumstances you must pay the cost of returning the products to us or if we arrange collection or return delivery we reserve the right in those circumstances to raise a charge to you to cover our reasonable costs of collection and return delivery to our premises or those of our suppliers as the case may be. We also ask that you retain the products in their original packaging and in a saleable condition. If you wish, you may receive an alternative product in place of the item which you have chosen to return or you may select gift vouchers as an alternative. If a refund is required then this money will be refunded to the cardholder from whom we took payment and you understand therefore that in those circumstances the right to a refund will not pass to you but will remain with the person who paid for the product.
9.1 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 on the Website.
10.1 Nothing in these List Holder Terms and Conditions 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 List Holder Terms and Conditions 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 List Holder Terms and Conditions will change those rights which you have.
10.2 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 clause 10.1 above.
10.3 Except to the extent as expressly set out in these List Holder Terms and Conditions, all warranties are expressly excluded but only to the extent that we are permitted to do so by law.
10.4 Without affecting anything stated above, the maximum amount for which we will be liable to you will never be more than the total value of the products in your gift list.
11.1 In the event that any products become out of stock at any one 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 your gift list. We will try to replenish low stock levels as soon as possible although we will not be obliged to do so.
11.2 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.
11.3 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.
11.4 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 619090 or e-mail us at jackie@weddinggiftworld.co.uk
11.5 We will not be in any way responsible to you for a failure to provide you with the products which you have selected or otherwise for a failure to comply with our obligations under these List Holder Terms and Conditions 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.
11.6 If any part of these List Holder Terms and Conditions is determined in any way to be void by a Court then all other clauses of the List Holder Terms and Conditions will continue to apply to our relationship with you 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 List Holder Terms and Conditions then it will not affect the rights of either of us to enforce any rights at a later stage.
11.7 We reserve the right to appoint any third parties to assist us in providing services to you from time to time.
11.8 Except as otherwise set out in these List Holder Terms and Conditions, another person who is not a party to these List Holder Terms and Conditions 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.
11.9 These List Holder Terms and Conditions are subject to English law and any disputes arising under them will be subject to the exclusive jurisdiction of the English Courts.