Terms of Service
Welcome to giftperfume.
By accessing or using the Site, you agree to be bound by these Terms of Service. If you do not agree with any part of these terms, you may not access the Site or use our services.
1. Use of the Site
You must be at least 18 years old to use this website and purchase products from Gift Perfume.
You agree to use the Site only for lawful purposes and in accordance with these Terms of Service. You are prohibited from using the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party s use and enjoyment of the Site.
2. Products and Orders
All products listed on the Site are subject to availability. 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.
When you place an order through the Site, you agree to provide accurate and complete information. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order.
3. Payment and Pricing
Prices for our products are subject to change without notice. We reserve the right to modify or discontinue any product at any time without prior notice. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of any product.
Payment for all orders must be made in full at the time of purchase.
4. Shipping and Delivery
We will make every effort to ship your order within the estimated timeframe provided at checkout. However, we are not responsible for any delays in shipping or delivery.
Once your order has been shipped, we will provide you with tracking information, if available.
5. Returns and Refunds
Please refer to our Returns Policy for information on returns and refunds.
6. Intellectual Property
The Site and its original content, features, and functionality are owned by Gift Perfume and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
7. Limitation of Liability
In no event shall GiftPerfume, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Site; (ii) any conduct or content of any third party on the Site; (iii) any content obtained from the Site; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
8. Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of United Kingdom, without regard to its conflict of law provisions.
9. Changes to Terms of Service
We reserve the right, at our sole discretion, to modify or replace these Terms of Service at any time. If a revision is material, we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
10. Contact Us
If you have any questions about these Terms of Service, please contact us at contact@giftperfume.
Other Terms and Conditions
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
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, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
OUR LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk.
In no case shall giftperfume, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless giftperfume and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Information about you and your visits to the giftperfume Website
We process information about you in accordance with our privacy policy. By using the giftperfume Website, you consent to such processing and you warrant that all data provided by you is accurate.
Transactions concluded through the giftperfume Website
Contracts for the supply of goods formed through a giftperfume Website or as a result of visits made by you are governed by our terms of use and terms of supply.
SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
TERMINATION
the obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Service availability
Some restrictions are placed on the extent to which we accept orders from specific countries. If we are unable to ship to your country, it will either be stated in our terms of supply or you will be informed at the checkout.
Your status
By placing an order through a giftperfume Website, you warrant that:
You are legally capable of entering into binding contracts; and
You are at least 18 years old.
How and when a contract is formed between you and us
After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the product has been dispatched (“Dispatch Confirmation”). The contract between us (“Contract”) will only be formed when we send you the Dispatch Confirmation.
All advertisements and communications made by us on a giftperfume Website are “invitations to treat”, not offers. This means that if products shown on the site are not available or are incorrectly priced or otherwise incorrectly described, we are not obliged to sell you those products unless they have been confirmed in a Dispatch Confirmation. The Contract will relate only to those products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate Dispatch Confirmation.
If we are unable to supply you with a product, for example because that product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the products, we will refund you the full amount including any delivery costs charged as soon as possible.
Ownership
Products purchased through giftperfume are fully owned by us and transfer of ownership of the purchased product will pass on to you once full payment including applicable delivery charges are paid.
If you have not received your products within 10 working days from the Dispatch Confirmation, you must notify us immediately by contacting contact@giftperfume, quoting your order number. If you fail to inform us of non-delivery in time we will not refund or replace the products.
How to pay
Payment for all products must be by credit or debit card. We accept payment with most major credit cards. Payment for the products and all applicable delivery charges is in advance. We will charge your debit or credit card when you place your order.
We do not store credit card details. All our payments systems are handled by PayPal, Secure Payment gateways who all use a secure server that implements SSL technology (certified to the required standard for encrypted credit card transactions by VERISIGN) to protect your credit card information and assist your shopping experience. For information on how PayPal, Payment Gateways uses personal information, please see their respective policies. PayPal, Secure Payment Gateways provide us with limited data such as the shipping address, billing address, contact information and confirmation of payment.
Any losses incurred or sustained by customers who transmit information by means of e-mail or other internet link shall be borne solely and exclusively by that customer and in no event shall any such losses in whole or in part be borne by us. When using a public computer, you must sign out when you have finished shopping.
Cancellations / returns
Consumers have a statutory right to cancel for any reason during the periods set out below and receive a full refund. You will receive a full refund of the price paid for the products in accordance with our Refunds Policy.
Your statutory right to cancel a Contract if your contract is for a single product starts from the date of the Dispatch Confirmation (when the Contract between us is formed) and ends 14 working days after receipt of the products by you. You must return the product to us unopened in order to receive the refund, unless it is being returned due to a fault.
Your statutory right to cancel a Contract if your contract is for multiple products to be delivered on separate days starts from the date of the Dispatch Confirmation (when the Contract between us is formed) and ends 14 working days after receipt of the last of the separate products by you. You must return the products to us unopened in order to receive the refund, unless they are being returned due to a fault.
To cancel a Contract, you must inform us in writing e.g. by emailing contact@giftperfume If the products have been delivered to you, you must also return the products to us as soon as reasonably practicable. In the UK we will refund the cost of return where applicable (provided the product is unopened, unless it is being returned due to a fault).
Because you are a consumer, we are under a legal duty to supply products that are in conformity with this Contract. As a consumer, you have legal rights in relation to products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this provision or anything else in these Terms and Conditions. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards office.
PROMOTIONAL CODES AND VOUCHER CODES
From time to time we may issue promotional discount codes / voucher codes (a “Code”). Each Discount Code will have its own specific terms which will be published on the relevant giftperfume Website. The following general terms will also apply:
Codes cannot be used in conjunction with any other discount or sale items.
Codes cannot be used to purchase gift vouchers;
Codes are strictly personal and non-transferable;
Codes are only valid for use on the relevant giftperfume Website and not in any other stores or websites;
We reserve the right to withdraw any Code from use at any time without prior notification and at our sole discretion;
There is no cash alternative for the Code;
If cancelling an order placed using a Code, the value of the Code will not be refunded;
Codes must be entered when you checkout and cannot be used at a later time if you fail to do so.
Warranty
We warrant to you that any product purchased from us through a giftperfume Website will, on delivery, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes (without limitation) the following types of events: industrial action; riot, terrorist attack or threat of terrorist attack; natural disasters such as fires, floods or earthquakes; impossibility of the use of public or private telecommunications networks.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
Either party may cancel a Contract affected by a Force Majeure Event which has continued for more than 90 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant products you have already received and we will refund the price you have paid, including any delivery charges.
Our right to vary these terms of supply
We have the right to revise and amend these terms of supply from time to time. You will be subject to the policies and terms of supply in force at the time that you order products from us.
Law and jurisdiction
Contracts for the purchase of products through a giftperfume Website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.
