Terms & Conditions
TERMS OF USE
This agreement is between you the [“User” or “you”] and GIFTMOO LTD (Collectively, “GIFTMOO”, “we”, “our” and “us”.)
If you do not agree with all of the provisions of this agreement, you cannot use the Services. To remove any doubt, in the event of any conflict or discrepancy between these Terms and conditions and any other provisions and/or terms and/or otherwise between GIFTMOO and you, the provisions and the terms of these Terms of Use will prevail. Please feel free to contact us with any questions regarding the content of this agreement.
Therefore, the use of www.giftmoo.com is subject to the following terms and conditions. GIFTMOO reserves the right to update the Terms and Conditions at any time without notice to the user. The most current version of the Terms and Conditions can be reviewed by clicking on the ‘Terms of service’ hypertext link located at the bottom of our webpages.
1. USAGE
You must be at least 18 years old to access this website. If you are less than 18, please do so under the guidance and supervision of a parent and/or guardian. You will use this site in a manner consistent with any, and all, applicable laws, legislation, rules and regulations. If you violate any restrictions in these terms, you agree to indemnify GIFTMOO for any losses, costs or damages, including reasonable legal fees, incurred by GIFTMOO in relation to, or arising out of, such a breach.
2. ABOUT GIFTMOO
GIFTMOO is an organisation carrying on its business operations in the United Kingdom. GIFTMOO provides a platform for its customers to create personalized items. Customers may create products on our website (giftmoo.com) using designs, images, and other media, and have them delivered at their door. GIFTMOO goes above and beyond to provide you with a fun, safe, and simple method to process, print, scan, save, share, and utilise (collectively “Process”) images and other content available on our website. To effectively carry out its business activities, GIFTMOO has created www.giftmoo.com (“The site or Website”).
3. APPLICABILITY
“These general terms and conditions (the “Conditions”) apply to:
(a) The use of any information, pictures, documents and/or other services offered by GIFTMOO via (our “Website”);
(b) The Order, Shipping & Delivery, Return & Refunds of any customised design products ordered from the site.
4. EXCLUSION OF LIABILITY FOR EXTERNAL LINKS
The Website may provide links to external Internet sites. GIFTMOO hereby declares explicitly that it has no influence on the layout or content of the linked pages and dissociates itself expressly from all contents of all linked pages of third parties. GIFTMOO shall not be liable for the use or content of Internet sites that link to this site or which are linked from it. Our privacy and cookie notice do not apply to any collection and processing of your personal data on or through such external sites.
5. INFORMATION ON THE WEBSITE
The information on the Website is for general information purposes only and does not constitute advice. Even though GIFTMOO has composed its website with care, the information, texts, documents, graphics, and/or other services/information on it may contain errors or be otherwise incorrect or incomplete. GIFTMOO does not guarantee that the Website and/or the information is free of errors, defects, malware and viruses or that the Website and/or information is correct, up to date and accurate.
To the maximum extent permitted under applicable law, GIFTMOO shall not be liable for any damages resulting from the use or inability to use of the Website, including damages caused by malware, viruses or any incorrectness or incompleteness of such information or the Website, unless such damage is the result of any wilful misconduct or from gross negligence on the part of GIFTMOO.
GIFTMOO shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with this Website, including – but not limited to – damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
6. INTELLECTUAL PROPERTY/COPYRIGHT
All brand names, logo, product names and titles used on the Website are trademarks or trade names of GIFTMOO or third-party trademark or trade name holders. You are not allowed to use or reproduce any such trademarks, logo or trade names as this may constitute an infringement of the holder’s rights.
The rights in the Website design, texts, documents, movies, music and/or other services and the selection and arrangement thereof, and all software compilations, underlying source codes, software and all other material on this Website are owned by or licensed to GIFTMOO and/or its suppliers and subcontractors.
You are only allowed to electronically copy and to print in hard copy portions of the Website to the extent this is necessary for the purpose of subscribing to any service with us, or for using the Website as a shopping resource. You are not allowed to make any other use of the information and materials on this Website, including reproduction for purposes other than the one mentioned above, modification, distribution or republication. Should you wish to use materials or information from this Website, you need our prior written approval to do so.
7. DATA PRIVACY
GIFTMOO collects and processes your personal data according to the privacy and cookie notice. Please familiarize yourself with GIFTMOO’s Privacy policy displayed at the bottom of our webpage.
8. UNSOLICITED IDEAS
In the event you post unsolicited ideas and/or materials whether consisting of texts, images, sounds, software, information or otherwise (Materials) on this Website or send these to GIFTMOO by e-mail or otherwise, you grant us an irrevocable, free of charge non-exclusive and worldwide right to use, copy, adapt, modify, publish and/or commercially exploit such Materials to the fullest extent in whatever form and via all media known and to date unknown for the duration of the intellectual property rights in the Materials and we shall not be bound by any confidentiality obligation in respect of such Materials.
To the maximum extent permitted under applicable law, you hereby indemnify and hold GIFTMOO harmless from and against all actions, claims and liabilities, suffered, incurred or sustained by us as a result of the use and/or exploitation of the Materials infringing the (intellectual property) rights of any third party or otherwise being unlawful towards a third party.
9. ACCOUNT.
You can access the site either as a guest or by registering an account with us. If you choose to create an account with us (“Account”), you may be subject to additional contractual terms and conditions applicable to such Services (“Additional Terms”), which Additional Terms will be accessible to you on the Website or presented to you as Additional Terms when you sign up for or access such Services. Any such Additional Terms shall be incorporated into and form a part of these Terms. Your Account is for your individual, personal use only, and you may not authorize others to use your Account for any purpose. In creating your Account, you certify that all information you provide is complete and accurate. You agree to update your information when required or requested, and you further agree not to use another person’s account without permission. You are responsible for maintaining the confidentiality of, and restricting access to, your Account and password, and you agree to accept sole responsibility for all activities that occur under your Account or password. You agree to contact our customer service department immediately of any breach of security or unauthorized use of your Account or any violation of these Terms by others of which you are aware. You agree that we shall have no liability for any losses, damages, liabilities or expenses you may incur due to any unauthorized use of your Account, and you agree to indemnify us and hold us harmless for any such unauthorized use. We reserve the right to create accounts for quality control and administrative purposes. Such accounts may be publicly viewable.
10. PAYMENT, PRICING & SHIPPING
(a) Payment and billing information.
Payments for the purchase of any product can be done with the use of PayPal, Stripe Credit/Debit cards Klarna (payable in instalments), and Clear Pay (payable in instalments). By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for all charges you incur for the purchase of any Subscriptions or other Products (including any applicable taxes and other charges) (each such purchase, an “Order”). You are responsible for, and agree to pay, all such charges. If we or our third-party payment processor cannot obtain authorization for charges to your payment method or if any amounts you authorize us to charge to your payment method are reversed or charged back for any reason, we may, at our option, in addition to any other remedies: cancel or suspend any undelivered portion of your Orders, make second and/or subsequent attempts to charge your payment method, and/or use any other lawful means to collect payment on any outstanding amounts due to us. You will remain responsible to pay all applicable charges for all Orders. You agree to provide and keep current a valid payment method. However, your failure to do so shall not constitute cancellation of any Order. In the event you want to change or update payment information associated with your GIFTMOO account, you can do so at any time by logging into your account and editing your payment information.
(b) Pricing and availability.
All prices shown via the Services are in GBP. Any applicable taxes and other charges, if any, are additional. We reserve the right to change our Subscription and other Product offerings, and to adjust prices as we may determine in our sole discretion, at any time and without notice; provided, however, that if we change the amounts or other charges associated with your then-current Subscription(s), we will provide advance notice of such changes via one of the means described in this terms and conditions. We will not, however, be able to notify you of changes in any applicable taxes prior to such changes becoming effective. The shipment of Products to you after our delivery of such notice will confirm your acceptance of such changes, unless you cancel your subscription(s) in accordance with the cancellation policy set forth in these terms.
(c) Taxes.
We will collect applicable sales tax on Products shipped to the states for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates.
(d) Shipping and handling
You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. We use FedEx, DHL, and RoyalMail to ship your items to you. We reserve the right to use any shipping couriers as needed. Actual delivery dates may vary. You agree that you will not obtain, or direct shipment of, a Product for export.
(e) Deliveries
You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery. You should always inspect your delivery to confirm that they arrive in a good condition and in the design that you have provided us to build for you.
11. ORDERING
Orders can be placed 24 hours a day, seven days a week via our website. You will be notified via your registered email when your order is about to be shipped to you, along with tracking information. There will be no other contact to you unless it is initiated by the customer.
12. PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
13. PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, 2or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
14. YOUR TOTAL PRICE
The total price specified in the final checkout screen includes tax and shipping costs. This price will be recorded in the Order Confirmation. If paying by credit card, the total amount for your entire order will be reflected on your bank statement.
15. PRICE CHANGES
The prices of the products will be as displayed on the Website. Prices may change from time to time, but changes will not affect any order which we have confirmed in the Order Confirmation.
16. DELIVERY TIME
Within the United Kingdom, delivery time is usually 10 to 14 working days after the order is shipped, while foreign shipments take 15 to 21 working days. We shall not be accountable to you if delivery does not arrive at the scheduled time due to logistical delays and/or Covid – 19 difficulties.
If the delivered products have obvious material or production defects, including damage caused by transport, please notify us of such defects immediately by email or phone. Not doing so will not affect your legal rights.
17. USER CONDUCT
You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Sites. You agree that you will abide by these Terms and will not: Engage in any harassing, threatening, intimidating, predatory or stalking conduct; Use or attempt to use another user’s account without authorization from such user and GIFTMOO; Use the Sites in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Sites or that could damage, disable, overburden or impair the functioning of the Sites in any manner; Reverse engineer any aspect of the Sites or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, area or code of the Sites; Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Sites that you are not authorized to access; Develop any third party applications that interact with the Sites without our prior written consent; Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Sites, extract data or otherwise interfere with or modify the rendering of Site pages or functionality; Bypass or ignore instructions contained in the robots.txt file, that controls all automated access to the Sites; or Use the Sites for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
18. GIFTMOO INTELLECTUAL PROPERTY
Content For purposes of these Terms, “content” is defined as any information, communications, descriptions, photos, videos, graphics, music, sounds, or other materials that can be viewed by users on our Site and is owned by GIFTMOO, our Affiliates or our licensors.
Ownership of Content All content on the Site is subject to intellectual property rights, contractual or other protection. The intellectual property rights are owned by us or our licensors. No content may be copied, distributed, republished, uploaded, posted or transmitted in any way except as provided expressly in these Terms or with GIFTMOO’s prior express written consent. Any use of the content other than as permitted by these Terms, or any other unauthorized use of the content may make you liable to GIFTMOO or its licensors for violation of intellectual property rights.
Trademarks or service marks of GIFTMOO include, but are not limited to, GIFTMOO and the GIFTMOO logo. All custom graphics, icons, logos and service names are registered or common-law trademarks or service marks of GIFTMOO or our Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or the name of GIFTMOO, our Affiliates or our licensors.
Site Use GIFTMOO grants you a limited, revocable, nonexclusive license to use the content on the Site solely for your own personal purposes only and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You may not use any content from the Site which is not owned by you for commercial use. You agree not to copy the Site or content located on the Site; to reverse engineer or break into the Site; or to use content, products or services in violation of any law. Any use of the Site or the content contained therein other than as specifically authorized in the Agreement, without the prior written permission of GIFTMOO, is strictly prohibited and will terminate the license granted herein. Unless explicitly stated herein, nothing in the Agreement shall be construed as conferring to you, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith. GIFTMOO reserves the right, without notice and in its sole discretion, to terminate your license to use the Site at any time and to block or prevent your future access to, and use of, the Site.
No Warranty for Third-Party Infringement Neither we nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of other users of the Site or of third parties.
We continue to be devoted to the privacy of your contents; if you check out as a guest, any assets will be immediately removed from our systems within 28 days.
19. YOUR INTELLECTUAL PROPERTY
Your Intellectual Property Rights Subject to our Privacy Policy, any Submissions by you will be treated as non-confidential. While you retain all rights to the Submissions, you grant GIFTMOO (including our employees and Affiliates) as well as the users of the Site, a non-exclusive, paid-up, perpetual, non-exclusive and worldwide license to copy, distribute, display, publish, translate, adapt, modify, and otherwise use the Submissions on the Site and to effectuate GIFTMOO’s services and business without incurring any liability for royalties or any other consideration of any kind.
Your Content
By creating and publishing User Contents on GIFTMOO, you represent, warrant and undertake that for each submission:
you own, have a valid licence to, or otherwise control all rights in and to your User Content;
to the extent your User Content includes or utilises any third-party property, you have secured all rights, licenses, written consents and releases that are necessary for the use of such third-party property in your User Content;
you will not post any content depicting any person under 18-years old,
you have inspected and are maintaining written documentation sufficient to confirm that all subjects of your submission are within the usage eligibility requirements.
your User Content is non-confidential and will be made available to your USERS on the platform.
You grant GIFTMOO and Our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.
For clarification: The clause exists so that we may use your content by adding stickers, text, and watermarks, and to make your content available to Users, as well as for other normal operations of our website. We will never sell your content to other platforms.
You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
You shall indemnify GIFTMOO our licensees, successors, and assigns against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses suffered or incurred arising out of or in connection with your User Content.
We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Website.
Any questions regarding User Content can be addressed by emailing [email protected].
Copyright Notice We respect the intellectual property rights of others, and we ask you to do the same. In instances where we are notified of alleged infringing GIFTMOO content or Submissions, a decision may be made to remove or disable access to such content or Submissions, in compliance with the safe harbour provisions of the Digital Millennium Copyright Act, 17 U.S.C, 512 (c).
If you believe that you or someone else’s copyright has been infringed by content or Submissions provided on this Site, you (or the owner or rights holder, collectively, “Rights Holder”) should send notification to us at [email protected] immediately. Prior to sending us notice, the Rights Holder may wish to consult a lawyer to determine their rights and legal obligations under the DMCA and any other applicable laws. Nothing here or anywhere on this Site is intended as a substitute for qualified legal advice. To file a Notice of Infringing Material, we ask that the Rights Holder provide the following information:
Reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works. This should include, title(s), author(s), any U.S. Copyright Registration number(s), URL(s) etc.;
Reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing the Rights Holder’s work(s) (for example, file name or URL of the page(s) that contain(s) the material);
The Rights Holder’s contact information so that we can contact them (including for example, the Rights Holder’s address, telephone number, and email address);
A statement that the Rights Holder has a good faith belief that the use of the material identified above in Part (ii) is not authorized by the copyright owner, its agent, or the law;
A statement, under penalty of perjury, that the information in the notification is accurate and that the Rights Holder is authorized to act on behalf of the copyright owner; and
The Rights Holder’s signature or electronic signature.
20. INDEMNIFICATION.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless GIFTMOO, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “GIFTMOO Parties”), from and against all actual or alleged GIFTMOO Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Products, (b) any Feedback you provide, (c) your violation of these Terms, (d) your violation of the rights of another, (e) any third party’s use or misuse of the Sites or Products provided to you and (f) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms. You agree to promptly notify GIFTMOO of any third-party Claims and cooperate with the GIFTMOO Parties in defending such Claims. You further agree that the GIFTMOO Parties shall have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and GIFTMOO.
21. DISCLAIMERS.
Your access to and use of the Services and content provided on the website are at YOUR OWN RISK. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, (GIFTMOO ENTITIES are GIFTMOO founders, officers, directors, employees, agents, representatives, and partners) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
GIFTMOO make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from GIFTMOO or through the Services, will create any warranty not expressly made herein.
The Services may contain links to third-party websites or resources. You acknowledge and agree that the GIFTMOO is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by GIFTMOO of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GIFTMOO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF GIFTMOO EXCEED ZERO DOLLARS (U.S. $0.00). THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, AND TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT GIFTMOO HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Sites (or any features or functionality of the Sites) and the Products at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, and vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this Section may not apply to you.
22. CHANGES
If GIFTMOO decides to change these general terms and conditions, we will post the changed terms and conditions on the Website. You are advised to regularly check whether they have changed. Existing contracts will not be affected by such changes.
23. GOVERNING LAW AND JURISDICTION
This general terms and conditions in relation to the use of the website is hereby governed by, and constructed and enforced in accordance with the laws of England & Wales. The competent courts in England & Wales shall have the exclusive jurisdiction to resolve any dispute between you and GIFTMOO.
If you have further questions relating to Giftmoo terms and conditions, feel free to contact us directly at [email protected] and one of our support representatives will provide all the necessary information you require.
TERMS OF USE
This agreement is between you the [“User” or “you”] and GIFTMOO LTD (Collectively, “GIFTMOO”, “we”, “our” and “us”.)
If you do not agree with all of the provisions of this agreement, you cannot use the Services. To remove any doubt, in the event of any conflict or discrepancy between these Terms and conditions and any other provisions and/or terms and/or otherwise between GIFTMOO and you, the provisions and the terms of these Terms of Use will prevail. Please feel free to contact us with any questions regarding the content of this agreement.
Therefore, the use of www.giftmoo.com is subject to the following terms and conditions. GIFTMOO reserves the right to update the Terms and Conditions at any time without notice to the user. The most current version of the Terms and Conditions can be reviewed by clicking on the ‘Terms of service’ hypertext link located at the bottom of our webpages.
1. USAGE
You must be at least 18 years old to access this website. If you are less than 18, please do so under the guidance and supervision of a parent and/or guardian. You will use this site in a manner consistent with any, and all, applicable laws, legislation, rules and regulations. If you violate any restrictions in these terms, you agree to indemnify GIFTMOO for any losses, costs or damages, including reasonable legal fees, incurred by GIFTMOO in relation to, or arising out of, such a breach.
2. ABOUT GIFTMOO
GIFTMOO is an organisation carrying on its business operations in the United Kingdom. GIFTMOO provides a platform for its customers to create personalized items. Customers may create products on our website (giftmoo.com) using designs, images, and other media, and have them delivered at their door. GIFTMOO goes above and beyond to provide you with a fun, safe, and simple method to process, print, scan, save, share, and utilise (collectively “Process”) images and other content available on our website. To effectively carry out its business activities, GIFTMOO has created www.giftmoo.com (“The site or Website”).
3. APPLICABILITY
“These general terms and conditions (the “Conditions”) apply to:
(a) The use of any information, pictures, documents and/or other services offered by GIFTMOO via (our “Website”);
(b) The Order, Shipping & Delivery, Return & Refunds of any customised design products ordered from the site.
4. EXCLUSION OF LIABILITY FOR EXTERNAL LINKS
The Website may provide links to external Internet sites. GIFTMOO hereby declares explicitly that it has no influence on the layout or content of the linked pages and dissociates itself expressly from all contents of all linked pages of third parties. GIFTMOO shall not be liable for the use or content of Internet sites that link to this site or which are linked from it. Our privacy and cookie notice do not apply to any collection and processing of your personal data on or through such external sites.
5. INFORMATION ON THE WEBSITE
The information on the Website is for general information purposes only and does not constitute advice. Even though GIFTMOO has composed its website with care, the information, texts, documents, graphics, and/or other services/information on it may contain errors or be otherwise incorrect or incomplete. GIFTMOO does not guarantee that the Website and/or the information is free of errors, defects, malware and viruses or that the Website and/or information is correct, up to date and accurate.
To the maximum extent permitted under applicable law, GIFTMOO shall not be liable for any damages resulting from the use or inability to use of the Website, including damages caused by malware, viruses or any incorrectness or incompleteness of such information or the Website, unless such damage is the result of any wilful misconduct or from gross negligence on the part of GIFTMOO.
GIFTMOO shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with this Website, including – but not limited to – damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
6. INTELLECTUAL PROPERTY/COPYRIGHT
All brand names, logo, product names and titles used on the Website are trademarks or trade names of GIFTMOO or third-party trademark or trade name holders. You are not allowed to use or reproduce any such trademarks, logo or trade names as this may constitute an infringement of the holder’s rights.
The rights in the Website design, texts, documents, movies, music and/or other services and the selection and arrangement thereof, and all software compilations, underlying source codes, software and all other material on this Website are owned by or licensed to GIFTMOO and/or its suppliers and subcontractors.
You are only allowed to electronically copy and to print in hard copy portions of the Website to the extent this is necessary for the purpose of subscribing to any service with us, or for using the Website as a shopping resource. You are not allowed to make any other use of the information and materials on this Website, including reproduction for purposes other than the one mentioned above, modification, distribution or republication. Should you wish to use materials or information from this Website, you need our prior written approval to do so.
7. DATA PRIVACY
GIFTMOO collects and processes your personal data according to the privacy and cookie notice. Please familiarize yourself with GIFTMOO’s Privacy policy displayed at the bottom of our webpage.
8. UNSOLICITED IDEAS
In the event you post unsolicited ideas and/or materials whether consisting of texts, images, sounds, software, information or otherwise (Materials) on this Website or send these to GIFTMOO by e-mail or otherwise, you grant us an irrevocable, free of charge non-exclusive and worldwide right to use, copy, adapt, modify, publish and/or commercially exploit such Materials to the fullest extent in whatever form and via all media known and to date unknown for the duration of the intellectual property rights in the Materials and we shall not be bound by any confidentiality obligation in respect of such Materials.
To the maximum extent permitted under applicable law, you hereby indemnify and hold GIFTMOO harmless from and against all actions, claims and liabilities, suffered, incurred or sustained by us as a result of the use and/or exploitation of the Materials infringing the (intellectual property) rights of any third party or otherwise being unlawful towards a third party.
9. ACCOUNT.
You can access the site either as a guest or by registering an account with us. If you choose to create an account with us (“Account”), you may be subject to additional contractual terms and conditions applicable to such Services (“Additional Terms”), which Additional Terms will be accessible to you on the Website or presented to you as Additional Terms when you sign up for or access such Services. Any such Additional Terms shall be incorporated into and form a part of these Terms. Your Account is for your individual, personal use only, and you may not authorize others to use your Account for any purpose. In creating your Account, you certify that all information you provide is complete and accurate. You agree to update your information when required or requested, and you further agree not to use another person’s account without permission. You are responsible for maintaining the confidentiality of, and restricting access to, your Account and password, and you agree to accept sole responsibility for all activities that occur under your Account or password. You agree to contact our customer service department immediately of any breach of security or unauthorized use of your Account or any violation of these Terms by others of which you are aware. You agree that we shall have no liability for any losses, damages, liabilities or expenses you may incur due to any unauthorized use of your Account, and you agree to indemnify us and hold us harmless for any such unauthorized use. We reserve the right to create accounts for quality control and administrative purposes. Such accounts may be publicly viewable.
10. PAYMENT, PRICING & SHIPPING
(a) Payment and billing information.
Payments for the purchase of any product can be done with the use of PayPal, Stripe Credit/Debit cards Klarna (payable in instalments), and Clear Pay (payable in instalments). By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for all charges you incur for the purchase of any Subscriptions or other Products (including any applicable taxes and other charges) (each such purchase, an “Order”). You are responsible for, and agree to pay, all such charges. If we or our third-party payment processor cannot obtain authorization for charges to your payment method or if any amounts you authorize us to charge to your payment method are reversed or charged back for any reason, we may, at our option, in addition to any other remedies: cancel or suspend any undelivered portion of your Orders, make second and/or subsequent attempts to charge your payment method, and/or use any other lawful means to collect payment on any outstanding amounts due to us. You will remain responsible to pay all applicable charges for all Orders. You agree to provide and keep current a valid payment method. However, your failure to do so shall not constitute cancellation of any Order. In the event you want to change or update payment information associated with your GIFTMOO account, you can do so at any time by logging into your account and editing your payment information.
(b) Pricing and availability.
All prices shown via the Services are in GBP. Any applicable taxes and other charges, if any, are additional. We reserve the right to change our Subscription and other Product offerings, and to adjust prices as we may determine in our sole discretion, at any time and without notice; provided, however, that if we change the amounts or other charges associated with your then-current Subscription(s), we will provide advance notice of such changes via one of the means described in this terms and conditions. We will not, however, be able to notify you of changes in any applicable taxes prior to such changes becoming effective. The shipment of Products to you after our delivery of such notice will confirm your acceptance of such changes, unless you cancel your subscription(s) in accordance with the cancellation policy set forth in these terms.
(c) Taxes.
We will collect applicable sales tax on Products shipped to the states for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates.
(d) Shipping and handling
You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. We use FedEx, DHL, and RoyalMail to ship your items to you. We reserve the right to use any shipping couriers as needed. Actual delivery dates may vary. You agree that you will not obtain, or direct shipment of, a Product for export.
(e) Deliveries
You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery. You should always inspect your delivery to confirm that they arrive in a good condition and in the design that you have provided us to build for you.
11. ORDERING
Orders can be placed 24 hours a day, seven days a week via our website. You will be notified via your registered email when your order is about to be shipped to you, along with tracking information. There will be no other contact to you unless it is initiated by the customer.
12. PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
13. PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, 2or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
14. YOUR TOTAL PRICE
The total price specified in the final checkout screen includes tax and shipping costs. This price will be recorded in the Order Confirmation. If paying by credit card, the total amount for your entire order will be reflected on your bank statement.
15. PRICE CHANGES
The prices of the products will be as displayed on the Website. Prices may change from time to time, but changes will not affect any order which we have confirmed in the Order Confirmation.
16. DELIVERY TIME
Within the United Kingdom, delivery time is usually 10 to 14 working days after the order is shipped, while foreign shipments take 15 to 21 working days. We shall not be accountable to you if delivery does not arrive at the scheduled time due to logistical delays and/or Covid – 19 difficulties.
If the delivered products have obvious material or production defects, including damage caused by transport, please notify us of such defects immediately by email or phone. Not doing so will not affect your legal rights.
17. USER CONDUCT
You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Sites. You agree that you will abide by these Terms and will not: Engage in any harassing, threatening, intimidating, predatory or stalking conduct; Use or attempt to use another user’s account without authorization from such user and GIFTMOO; Use the Sites in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Sites or that could damage, disable, overburden or impair the functioning of the Sites in any manner; Reverse engineer any aspect of the Sites or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, area or code of the Sites; Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Sites that you are not authorized to access; Develop any third party applications that interact with the Sites without our prior written consent; Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Sites, extract data or otherwise interfere with or modify the rendering of Site pages or functionality; Bypass or ignore instructions contained in the robots.txt file, that controls all automated access to the Sites; or Use the Sites for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
18. GIFTMOO INTELLECTUAL PROPERTY
Content For purposes of these Terms, “content” is defined as any information, communications, descriptions, photos, videos, graphics, music, sounds, or other materials that can be viewed by users on our Site and is owned by GIFTMOO, our Affiliates or our licensors.
Ownership of Content All content on the Site is subject to intellectual property rights, contractual or other protection. The intellectual property rights are owned by us or our licensors. No content may be copied, distributed, republished, uploaded, posted or transmitted in any way except as provided expressly in these Terms or with GIFTMOO’s prior express written consent. Any use of the content other than as permitted by these Terms, or any other unauthorized use of the content may make you liable to GIFTMOO or its licensors for violation of intellectual property rights.
Trademarks or service marks of GIFTMOO include, but are not limited to, GIFTMOO and the GIFTMOO logo. All custom graphics, icons, logos and service names are registered or common-law trademarks or service marks of GIFTMOO or our Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or the name of GIFTMOO, our Affiliates or our licensors.
Site Use GIFTMOO grants you a limited, revocable, nonexclusive license to use the content on the Site solely for your own personal purposes only and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You may not use any content from the Site which is not owned by you for commercial use. You agree not to copy the Site or content located on the Site; to reverse engineer or break into the Site; or to use content, products or services in violation of any law. Any use of the Site or the content contained therein other than as specifically authorized in the Agreement, without the prior written permission of GIFTMOO, is strictly prohibited and will terminate the license granted herein. Unless explicitly stated herein, nothing in the Agreement shall be construed as conferring to you, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith. GIFTMOO reserves the right, without notice and in its sole discretion, to terminate your license to use the Site at any time and to block or prevent your future access to, and use of, the Site.
No Warranty for Third-Party Infringement Neither we nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of other users of the Site or of third parties.
We continue to be devoted to the privacy of your contents; if you check out as a guest, any assets will be immediately removed from our systems within 28 days.
19. YOUR INTELLECTUAL PROPERTY
Your Intellectual Property Rights Subject to our Privacy Policy, any Submissions by you will be treated as non-confidential. While you retain all rights to the Submissions, you grant GIFTMOO (including our employees and Affiliates) as well as the users of the Site, a non-exclusive, paid-up, perpetual, non-exclusive and worldwide license to copy, distribute, display, publish, translate, adapt, modify, and otherwise use the Submissions on the Site and to effectuate GIFTMOO’s services and business without incurring any liability for royalties or any other consideration of any kind.
Your Content
By creating and publishing User Contents on GIFTMOO, you represent, warrant and undertake that for each submission:
you own, have a valid licence to, or otherwise control all rights in and to your User Content;
to the extent your User Content includes or utilises any third-party property, you have secured all rights, licenses, written consents and releases that are necessary for the use of such third-party property in your User Content;
you will not post any content depicting any person under 18-years old,
you have inspected and are maintaining written documentation sufficient to confirm that all subjects of your submission are within the usage eligibility requirements.
your User Content is non-confidential and will be made available to your USERS on the platform.
You grant GIFTMOO and Our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.
For clarification: The clause exists so that we may use your content by adding stickers, text, and watermarks, and to make your content available to Users, as well as for other normal operations of our website. We will never sell your content to other platforms.
You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
You shall indemnify GIFTMOO our licensees, successors, and assigns against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses suffered or incurred arising out of or in connection with your User Content.
We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Website.
Any questions regarding User Content can be addressed by emailing [email protected].
Copyright Notice We respect the intellectual property rights of others, and we ask you to do the same. In instances where we are notified of alleged infringing GIFTMOO content or Submissions, a decision may be made to remove or disable access to such content or Submissions, in compliance with the safe harbour provisions of the Digital Millennium Copyright Act, 17 U.S.C, 512 (c).
If you believe that you or someone else’s copyright has been infringed by content or Submissions provided on this Site, you (or the owner or rights holder, collectively, “Rights Holder”) should send notification to us at [email protected] immediately. Prior to sending us notice, the Rights Holder may wish to consult a lawyer to determine their rights and legal obligations under the DMCA and any other applicable laws. Nothing here or anywhere on this Site is intended as a substitute for qualified legal advice. To file a Notice of Infringing Material, we ask that the Rights Holder provide the following information:
Reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works. This should include, title(s), author(s), any U.S. Copyright Registration number(s), URL(s) etc.;
Reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing the Rights Holder’s work(s) (for example, file name or URL of the page(s) that contain(s) the material);
The Rights Holder’s contact information so that we can contact them (including for example, the Rights Holder’s address, telephone number, and email address);
A statement that the Rights Holder has a good faith belief that the use of the material identified above in Part (ii) is not authorized by the copyright owner, its agent, or the law;
A statement, under penalty of perjury, that the information in the notification is accurate and that the Rights Holder is authorized to act on behalf of the copyright owner; and
The Rights Holder’s signature or electronic signature.
20. INDEMNIFICATION.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless GIFTMOO, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “GIFTMOO Parties”), from and against all actual or alleged GIFTMOO Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Products, (b) any Feedback you provide, (c) your violation of these Terms, (d) your violation of the rights of another, (e) any third party’s use or misuse of the Sites or Products provided to you and (f) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms. You agree to promptly notify GIFTMOO of any third-party Claims and cooperate with the GIFTMOO Parties in defending such Claims. You further agree that the GIFTMOO Parties shall have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and GIFTMOO.
21. DISCLAIMERS.
Your access to and use of the Services and content provided on the website are at YOUR OWN RISK. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, (GIFTMOO ENTITIES are GIFTMOO founders, officers, directors, employees, agents, representatives, and partners) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
GIFTMOO make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from GIFTMOO or through the Services, will create any warranty not expressly made herein.
The Services may contain links to third-party websites or resources. You acknowledge and agree that the GIFTMOO is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by GIFTMOO of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GIFTMOO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF GIFTMOO EXCEED ZERO DOLLARS (U.S. $0.00). THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, AND TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT GIFTMOO HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Sites (or any features or functionality of the Sites) and the Products at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, and vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this Section may not apply to you.
22. CHANGES
If GIFTMOO decides to change these general terms and conditions, we will post the changed terms and conditions on the Website. You are advised to regularly check whether they have changed. Existing contracts will not be affected by such changes.
23. GOVERNING LAW AND JURISDICTION
This general terms and conditions in relation to the use of the website is hereby governed by, and constructed and enforced in accordance with the laws of England & Wales. The competent courts in England & Wales shall have the exclusive jurisdiction to resolve any dispute between you and GIFTMOO.
If you have further questions relating to Giftmoo terms and conditions, feel free to contact us directly at [email protected] and one of our support representatives will provide all the necessary information you require.
Shipping Policy
SHIPPING
Within the United Kingdom, delivery time is usually 2 to 4 working days for regular shipping after the order is shipped, while foreign (US and Europe) shipments take 5 to 7 working days. For an extra price, faster shipping can be applied.The messaging service is carried out with tracking control. Shipping shall be done with the use of FedEx, DHL, DPD and Royal Mail. We have the express right to use any Courier service as we deem fit.
Please note that Shipping fees would be calculated together with your order price upon checkout.
International Shipping
Please keep in mind that shipping costs vary by country. You will see individual shipping prices for your order before you place it at checkout. For orders shipping outside of the United Kingdom, we are not liable for any tariffs, customs, or taxes. Orders will not be dispatched until payment has been received.
PLACE OF DELIVERY, DEADLINES AND LOSSES
Approximate delivery times are indicated in working days in the description of each product, although a delay in delivery will not be a reason for penalty.
GIFTMOO will not be liable for errors caused in delivery when the delivery address entered by the User / Customer in the order form does not match the reality or has been missed. Depending on the destination of the order can be used various ways or methods of shipping, each method and each destination have shipping times that are specified in the order confirmation process.
Deadlines may change for logistical reasons or for reasons of force majeure. In cases of delays in deliveries, GIFTMOO will inform its User/Customer, as soon as it has knowledge of them.
Each delivery is considered made from the moment the company makes the product available to the User / Customer, which is materialized through the control system used by the transport company.
Delays in delivery shall not be considered those cases in which the order has been made available to the User/Customer, by the transport company within the agreed time and could not be delivered for cause attributable to the User/Customer.
When the order leaves our warehouse, you will be sent an email notifying you that your order has been accepted and is being sent.
WHEN DELIVERY FAILS?
When an order is sent, the client is given tracking information. If the item does not arrive for whatever reason. We will handle a replacement or offer a refund. If an order comes broken or damaged, we will send a new product or provide a refund, depending on the customer’s preference.