TERMS OF SALE

BACKGROUND:

Please read these Terms of Sale carefully before placing an order with Us. These Terms of Sale, together with any other documents referred to herein (unless otherwise stated), set out the terms under which Goods are sold by Us to consumers through this website, www.giftsyoulove.uk (“Our Site”).

These Terms of Sale explain who We are, how Our Goods will be provided to you, how you or We may change, cancel, or otherwise end the Contract, what to do in the event of problems, and other important information.

You will be required to read and accept these Terms of Sale when ordering Goods. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods through Our site. These Terms of Sale, as well as all Contracts, are in the English language only.

The following documents may also apply to your use of Our Site:

  • Our Website Terms of Use, available at the footer of our Homepage, apply to your use of Our Site. These terms are also referred to below in Parts 3 and 4.
  • Our Privacy Policy, available at the footer of our Homepage. This is also referred to below in Part 22.
  • Our Cookie Policy, available at the footer of our Homepage. This is also referred to below in Part 22.
  • Our Acceptable Usage Policy, available within our Website Terms of Use document. This is also referred to below in Part 3.

 

  1. Definitions and Interpretation
    1. In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

 

“Contract” means a contract for the purchase and sale of Goods, as explained in Part 10;
“Contact Tools” means any online communications facility that We make available on Our Site enabling you to contact Us;
“Goods” means the goods sold by Us through Our Site;
“Order” means your order for Goods;
“Order Confirmation” means Our acceptance and confirmation of your Order;
“Order Number” means the reference number for your Order; and
“We/Us/Our” means J & L BROTHERS ENTERPRISE trading as UNIQUE GIFTS YOU LOVE and Our Website.

 

  1. Unless the context otherwise requires, each reference in these Ts&Cs means:
    1. “writing”, and any similar term, includes a reference to any communication effected by electronic or facsimile transmission or similar means;
    2. a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
    3. a Part or paragraph is a reference to a section, part, or clause of these Terms of Sale.
  2. Information About Us
    1. Our Site is operated by J & L Brothers Enterprise Limited., a Company registered in England and Wales under company number 13669342. Our registered address is 27 Old Gloucester Street, Holborn, London, WC1N 3AX and Our main trading address is via this Website.
    2. We are sellers of giftware products as featured on our Website.
  3. How to Contact Us
    1. To contact Us with general questions or complaints by email, please email Us or use our Contact Us form.
    2. To contact Us about the Goods or your Order by email, please email Us at info@giftsyoulove.uk
    3. Use of Our Contact Tools is subject to Part 3 of Our Terms of Use, available at and Our Acceptable Usage Policy, available at the footer of our Website.
  4. Access to Our Site and Use of Our Site
    1. Access to Our Site is free of charge, however you do need to be over 18 to purchase products. Should it come to light that the person who has used our site is not over 18 orders will be cancelled and payments refunded.
    2. It is your responsibility to make the arrangements necessary in order to access Our Site and order any of our Goods.
    3. Use of Our Site is subject to Our Website Terms of Use, available at the footer of Our Homepage. Please ensure that you have read them carefully, that you understand them, and that you agree to them.
  5. Changes to these Terms of Sale
    1. We may alter these Terms of Sale from time to time, for example, to reflect changes in relevant laws and regulatory requirements. If the changes are likely to affect your Order, We will inform you in advance by email and you may contact Us to end the Contract before the changes take effect. If you end the Contract for this reason, you will receive a refund for any Goods paid for but not received.
    2. If any part of the current version of these Terms of Sale conflicts with any previous version(s), the current version shall prevail unless We explicitly state otherwise.
  6. Business Customers

These Terms of Sale do not apply to customers purchasing Goods in the course of business. They are intended for individual Consumer purchases. If you are a business customer, please consult us regarding Business Terms of Sale.

  1. International Customers

Please note that We currently deliver to the United Kingdom, Europe the USA and Canada. Other areas may be supplied by special request at our discretion. If you are ordering from outside of the UK, please note that the Contract Regulations, Refunds & Exchanges Policy and Data Protection/ Privacy Policies are in line with UK legislation, and may not apply to you. If you are outside of the UK, you cannot rely upon any internal UK Consumer Rights.

  1. Goods, Descriptions, and Changes
    1. We make all reasonable efforts to ensure that all descriptions and images of Goods available from Us on Our Site match the actual Goods. Please note:
    2. Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product due to differences in computer or device displays and lighting conditions. We have tried to be as accurate as possible regarding size of the items, but again, there may be some small variations due to the items being handmade/ crafted and each piece being a bespoke item;
    3. Images or descriptions of packaging are for illustrative purposes only and the actual packaging may vary.
    4. Please note that Part 8.1 does not exclude Our responsibility for mistakes due to Our negligence. It refers only to minor variations in the correct Goods, and not to blatantly different Goods. If you receive Goods that are not as described, please refer to Part 14.
    5. Minor changes may be made to certain Goods from time to time. This may happen between you placing your Order and the Goods being dispatched. Minor changes may be made, for example, to reflect changes in relevant laws and regulatory requirements or to address particular technical, material supply or security issues. Minor changes will not change the main characteristics of the Goods and will not affect your use of those Goods.
    6. As explained in the descriptions of certain Goods, more significant changes may also be made from time to time. If We make such changes, We will inform you and if you disagree to those changes from what you ordered, you may contact Us to end the Contract before the changes are made. If you end the Contract for this reason, you will receive a refund for any Goods paid for but not received.
  2. Pricing
    1. We make all reasonable efforts to ensure that prices shown on Our Site are correct. We may change prices from time to time. All pricing information is reviewed and updated regularly. Changes in price will not affect any Order that you have already placed. All prices on Our Site include any VAT. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
    2. All prices are checked before We accept your Order. If We have shown incorrect pricing information, We will inform you of the mistake in writing.

9.2.1 If the correct price is lower than that shown when you make your Order, We will simply charge you the lower price.

9.2.2 If the correct price is higher than that shown when you make your Order, We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it).

9.2.3 We will not proceed with processing your Order in this case until you respond. If you do not respond within 7 days, We will treat your Order as cancelled and inform you of the cancellation in writing.

  1. If We mistakenly accept and process an Order where an obvious pricing error has been made, which you could have reasonably recognised as being wrong, We have the right to end the Contract, refund any sums paid, and require you to return the affected Goods to Us if the have been despatched.
  2. Delivery charges are not included in the price of Goods shown on Our Site unless specifically stated. Delivery options and any related charges will be presented to you as part of the order process.
  1. Your Account, Order and How a Contract with us is Formed
    1. In order to purchase, you may require an account with Us. Our Site will guide you through the process. You must be 18 years of age to open an account or do so with your Parent or Guardian’s consent and supervision.
    2. Please note, the account is personal to you and should be kept safe with a strong password. We shall not accept any liability, for any misuse with or without your permission.
    3. Your Account is free of charge to open and you may close it at any time. Please note, that we reserve the right to delete any unused or dormant accounts after 12 months, and you may lose the data that was associated with it. Your Account shall also be governed by Our Acceptable Use Policy, which appears in our Website Terms of Use available from the footer of our Homepage.
    4. Our Site will assist you through the ordering process. Before completing your Order you will be given the opportunity to review and amend it. Please ensure that you check your Order carefully before submitting it. If you provide Us with incorrect or incomplete information during the order process, please contact Us as soon as possible.
    5. Where any information is required from you, it will be stated on Our Site, either in the product description/s or during the order process, as applicable.

10.5.1 If We cannot process your Order due to incorrect or incomplete information, We will contact you to ask you to correct it or provide the missing information required for Us to supply the Goods to you.

10.5.2 If you do not provide the required information within a reasonable period of Us asking for it, or if we consider the information inaccurate or incomplete, We may either end the Contract or charge you a reasonable sum as compensation for the extra work required as a result.

10.5.3 We will not be responsible for supplying the affected Goods late or for not supplying the affected Goods if this is due to you not providing Us with the required information within a reasonable period of Us asking for it.

  1. No part of Our Site constitutes a contractual offer capable of acceptance. Your Order merely constitutes a contractual offer. Our acceptance of that offer is indicated by Us sending you an Order Confirmation by email. Only once we have sent you an Order Confirmation will there be a legally binding Contract between Us and you for the sale and supply of the Goods.
  2. We will also include a paper copy of your Order Confirmation with your Goods.
  3. Please quote your Order Number if you contact Us about your Order for any reason. You do not have to do this, but it may help Us to locate your Order and help you more quickly and easily.
  4. In the unlikely event that We cannot accept your Order, We will inform you in writing and explain why. No payment will be taken under normal circumstances. If We have taken payment, any such sums will be refunded within 10 working days to the method you paid with.
  5. We may not accept your Order because the Goods are out of stock, because of unexpected limits on Our resources that We could not have reasonably planned for, because We have identified a mistake in the description or price of the Goods, or because We are not able to meet a delivery deadline that you have set.
  6. We may also cancel orders if we suspect that fraudulent activity is taking place or the order comes from an area we do not wish to supply to, or if we suspect that you are buying our Goods as part of a business purchase activity.
  1. Payment
    1. Payment for Goods and related delivery charges must always be made in advance. You will be prompted to provide payment details during the ordering process. We will not charge your chosen payment method until We dispatch the Goods.
    2. We accept the following methods of payment:

Card Payment via our nominated and approved payment processing provider.

  1. If you believe that We have charged you an incorrect amount, please contact Us as soon as possible to let Us know.
  1. When You Own the Goods

Ownership of the Goods passes to you once We have received payment in full of all sums due.

12.1 If your value is of importance to you or is a non-UK purchase, we would strongly advise you to arrange insurance to cover the value, during any shipping or postage process. We will not be liable for any goods that go missing in the post.

  1. Delivery
    1. All Goods purchased through Our Site are subject to different delivery times. Tracked will normally be delivered within 3-5 working days, Next day service (only in the UK), European service usually takes 3-10 working days & the rest of the world 7-10 working days.
    2. We will not be responsible for delays that are outside of our reasonable control. If delivery is delayed for such a reason, We will inform you as soon as possible and will take steps to minimise the impact of the delay.
    3. If there is a risk of a substantial delay to delivery, you may contact Us to end the Contract and will be refunded any sums paid for Goods that you have not received.
    4. If you (or someone on your behalf) are not available at your address to take delivery of the Goods and they cannot be posted through your letterbox, Our Courier/ Delivery Services will leave a note informing you of how to arrange for re-delivery or of where to collect the Goods.
    5. If you do not arrange to have the Goods re-delivered or do not collect them, We will contact you to ask for further instructions. We may charge you for storage and for further delivery costs.
    6. If, despite Our reasonable efforts, We cannot contact you or cannot arrange for re-delivery or collection of the Goods, We may end the Contract and issue you with a refund. We may deduct a reasonable sum in compensation for any net costs incurred by Us as a result.
    7. In the unlikely event that We do not deliver the Goods on time (within 30 calendar days of the Order Confirmation or as otherwise agreed or specified), you have certain legal rights. You may treat the Contract as being at an end immediately:
    8. If you do not wish to cancel or if We fail to meet the new deadline, you may then treat the Contract as being at an end. Any sums that you have already paid for cancelled Goods and their delivery will be refunded to you.

13.8.1 If any cancelled Goods are delivered to you, you must return them to Us or arrange for their collection. We will cover the costs of postage or collection. Please contact Us for a return label or to arrange collection.

  1. Responsibility for the Goods passes to you once the Goods have been delivered to the address you have provided.
  2. We will not be responsible for delivering Goods late or for not delivering Goods if this is due to you not providing Us with required information within a reasonable period of Us asking for it.
  1. Faulty, Damaged, or Incorrect Goods and Missing orders
    1. This Part 14 provides a summary of your legal rights as a consumer. These rights may be subject to certain exceptions if you reside or order from outside of the UK/ EU. Nothing in these Terms of Sale will affect your legal rights.
    2. The Consumer Rights Act 2015 requires that goods must be as described, fit for purpose, and of satisfactory quality. During the expected lifespan of a product, your legal rights are as follows:
      1. Beginning on the day of the dispatch date you have 4 weeks to contact us via email info@giftsyoulove.uk with photographs of the damage/fault/incorrect item for our reference. Once this has been logged with us we will contact you to let you know the next steps. Please do not return any items to us until we have provided you with instructions.
      2. If you have not received your order within the specified time frame, please contact us via info@giftsyoulove.uk once your claim has been confirmed a replacement order will be sent within 3 working days. Please allow 10 working days before reporting a missing order.
    3. Cancelling and Ending the Contract if You Change Your Mind
      1. If you are a Consumer, the Consumer Contracts Regulations 2013 give you the legal right to change your mind and end the Contract for any reason. This 14-calendar day “cooling-off period” begins once your Ordering process is complete and we send you the Order Confirmation, i.e. when the Contract is formed. However, please note:
        1. Specifically excluded are goods which are sealed for health or hygiene reasons and you have unsealed them after receiving them.
        2. In such instance, you will only be able to obtain a refund if the goods are faulty.
        3. Your Consumer Rights are not affected by 16.1 a-c.
      2. Cancelling and Ending the Contract Because of Something We Have done
        1. You may have the right to cancel and end the Contract because of something We have done or have informed you that We are going to do. This right to cancel applies in the following circumstances:
          1. We have informed you about an upcoming change to these Terms of Sale that you do not agree to;
          2. We have informed you about an upcoming change to the Goods that you do not agree to;
          3. We have informed you about an error in the price or description of the Goods and you do not wish to proceed;
          4. There is a risk that delivery of the Goods will be substantially delayed due to events outside of Our control;
          5. You have a legal right to end the Contract because We have substantially breached the Contract between us;
        2. If you cancel and end the Contract for any of the reasons set out in this Part 17, the Contract will end immediately, and you will receive a full refund for any Goods which have not yet been provided.
      3. Returning Goods

Subject to your right to cancel, if you cancel and end the Contract for any reason after Goods have been dispatched or delivered to you, you must return the Goods to Us.

  1. For a full refund, you must contact us at info@giftsyoulove.uk within 14 days upon delivery to advise us you wish to make a return.
  2. Please include your order number & the reason for your return. We will then send you instructions on returning your goods. Please note cost of returning the order will not be refunded.
  3. You must ensure that all tags, packaging, wrapping & anything which made up the whole of the original order including any free gift, is all included in the package. Any items must be returned unworn, free from damage & in a resale-able condition.
  4. 4. We reserve the right to make a deduction to your refund amount or have the items sent back to you where the product has had tags removed, has been used, worn or been damaged & sent back without being in a resale-able condition. Any item displaying damage is deemed to be a result of wear & or has been mishandled, will not be accepted as faulty.
  5. Proof of postage should be retained in case items are lost or stolen during postage.
  6. Once the item/items have been received and all is ok we shall send you either a replacement or issue a refund. If all items are sent back as unwanted the paid standard delivery charge will also be refunded.

We will cover the costs of returning the Goods to Us in the following circumstances:

  1. The Goods are unwanted, faulty or misdescribed;
  2. You are cancelling and ending the Contract because of upcoming changes to these Terms of Sale that you do not agree to;
  3. You are cancelling and ending the Contract because of upcoming changes to the Goods that you do not agree to;
  4. You are cancelling and ending the Contract because We have made an error in the price or description;
  5. You are cancelling and ending the Contract because there is a risk that delivery of the Goods will be substantially delayed due to events outside of Our Control;
  1. Refunds
    1. Any refunds due to you will be made using the same method used by you when paying for the Goods.
    2. All refunds due to you will be made as soon as possible and within 10 working days.
  2. Our Liability to Consumers
    1. We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. We will not be responsible for any loss or damage that is not foreseeable.
    2. We only supply goods for domestic and private use by Consumers. We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
    3. Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors), or for fraud or fraudulent misrepresentation.
    4. Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a Consumer.
  3. Complaints and Feedback
    1. We always welcome feedback from Our customers and, whilst We always use reasonable efforts to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
    2. If you wish to complain about any aspect of your dealings with Us, please contact Us using the contact details provided above.
  4. How We Use Your Personal Information

We will only use your personal information as set out in Our Privacy Policy and Our Cookie Policy, available from the footer of our Homepage.

  1. What Happens if We Transfer this Agreement to Another Party

We may transfer (assign) Our obligations and rights under these Terms of Sale (and the Contract) to a third party (this may happen, for example, if We sell Our business). If this Occurs, We will inform you in writing. We will ensure that your rights under these Terms of Sale (and the Contract) will not be affected and Our obligations under these Terms of Sale (and the Contract) will be transferred to the third party who will remain bound by them.

  1. Other Important Terms
    1. You may not transfer (assign) your obligations and rights under these Terms of Sale without Our express written permission. The Contract is between you and Us. It is not intended to benefit any other person or third party in any way.
    2. If any of the provisions of these Terms of Sale are found to be unlawful, invalid or unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from these Terms of Sale. The remainder of these Terms of Sale shall continue to be valid and enforceable.
    3. No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
  2. Law and Jurisdiction
    1. These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English Law.
    2. If you are a Consumer, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms of Sale or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England.
    3. If you are a business user, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms of Sale or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England.