Terms and Conditions

Terms and Conditions

 

Last updated 09/13/19

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This web site is operated by The Together Forever Trading Company Limited, trading as www.tipsygifts.com (referred to as "Tipsy Gifts/we/our/us"). As user of this web site (referred to as "you/your") you acknowledge that any use of this web site including any transactions you make ("use/using") is subject to our terms and conditions below

 

Please:

• read through these terms and conditions carefully before using this web site 

• print a copy for future reference

 

1. General

 

1.1 We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the web site (see date at the top) and it is your responsibility to read the terms and conditions on each occasion you use this web site and your continued use of the web site shall signify your acceptance to be bound by the latest terms and conditions. 

1.2 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this web site. 

1.3 We reserve the right to modify or withdraw, temporarily or permanently, this web site (or any part thereof) with or without notice to you and we shall not be liable to you or any third party for any such modification or withdrawal. The web site is provided by us to you on an "as is" and "as available" basis.

 

2. Order process

 

2.1 All orders that you place on this web site will be subject to acceptance in accordance with these terms and conditions. 

2.2 The 'confirmation' stage sets out the final details of your order. Following this, we will send to you an order acknowledgement e-mail detailing the products you have ordered. Please note that this e-mail is not an order confirmation or order acceptance from Tipsy Gifts. 

2.3 Acceptance of your order and the completion of the contract between you and us will take place on dispatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it.

2.4 We do not file details of your order for you to subsequently access direct on this web site, except when you have registered on the web site, in which case your order status will be displayed in My Account upon successful Login.

 

2.5 Please print out these terms and conditions and the order acknowledgement for your own records. If you wish to obtain specific details of your previous orders please communicate with us via the ‘Contact us’ section of the web site.

 

3. Delivery

 

3.1 This web site is for delivery of products to the United States of America via a third party courier. All goods must be signed for by an adult aged 18 years or over on delivery. 

3.2 Delivery charges are specified when you place an order, and confirmation of acceptance is required before payment is made. We make every effort to deliver goods by the required date, however delays are occasionally inevitable due to unforeseen factors and all goods and products are subject to availability. Tipsy Gifts shall be under no liability for any delay or failure to deliver the products by the required date. 

3.3 Risk of loss and damage of products passes to you on the date when the products are delivered or on the date of first attempted delivery by us.

 

3.4 Customs and Excise payments may be payable, although unlikely, for delivery of products outside the UK, depending on the country involved. It is not the responsibility of Tipsy Gifts to pay these charges at the destination country to allow the shipping process to be concluded at the proper consignment address. It is solely the responsibility of the recipient or the customer to pay these charges should they arise. Payment of these charges is not the responsibility of Tipsy Gifts.

 

3.5 An order cut-off time of 10:00 pm GMT is in place, so that when we arrive for work the following morning, your order will be dispatched with our courriers that same afternoon. Orders received after the 10:00 pm cut-off will not be processed the following mornig, but the day after the following morning. However, if at all possible, every effort will be made to dispatch your order the day after the 10:00 pm cut-off.

 

4. Payment

 

4.1 We take payment from your card at the time we receive your order, once we have checked your card details and stock availability. Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods.

4.2 The price you pay is the price displayed on this web site at the time we receive your order. No other prices published by Tipsy Gifts are applicable to these items. The following exception applies: 

 

While we try and ensure that all prices on our web site are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. 

 

4.3 Payment can be made by Credit or Debit Card for purchases made directly on the web site. Bespoke or manual orders made outside the web site may be paid for by cheque or manually via our Debit or Credit card 'Cardholder Not Present' facility on the understanding that the goods will not be dispatched until Tipsy Gifts has received full and cleared funds for them.

4.4 Title to any products you order on this web site shall pass to you on delivery of the products provided that we have processed and received cleared payment in full for the products. 

4.5 VAT is charged on all products where the destination is within the European Union the current rate, but is not added to delivery charges, unless expressly stated otherwise. VAT is not charged to orders whose destination is outside of the European Union, with particular refernece to the United States of America.

 

4.6 Delivery charges are included in the individual product information, and are included in the price shown in the shopping cart and at the end of the order process. There are no hidden charges. The price you pay is for the product, and its delivery to you in the United States of America.

 

5. Returns, cancellations and substitutions

 

5.1 Where applicable, you may cancel your order in accordance with your rights under the Distance Selling Regulations.

 

5.2 Should a product, or any of its component parts be unavailable for delivery on the required date for any reason, Tipsy Gifts will substitute the product or component part with a similar product or component part, or with a product or component part of higher value. If no reasonable substitution is available, then a full refund will be given and you will be notified accordingly.

 

5.3 Should delivery be attempted and nobody is at the delivery address to sign for the goods, a notice will be left by the courrier advising the recipient of alternative delivery arrangements. If no contact has been made by the recipient within two weeks of attempted first delivery, the courrier will return the goods to Tipsy Gifts. In these circumstances, the goods can only be re-sent following a further charge to the Customer for a second trans-atlantic shipping service. Alternatively, a full refund may be offered less the cost of the original trans-atlantic shipping service cost.

 

5.4 Where a product is delivered to a Customer, and the Customer decides they no longer wish to keep the product for any reason other than the product has failed to reach them in perfect condition (eg, the Customer has changed their mind), the product may be returned to Tipsy Gifts at the Customer’s expense, and a full refund will be given when the product is returned in good condition, less the value of the original shipping and packaging costs.

 

6. Intellectual property

 

6.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this web site shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.

6.2 You acknowledge and agree that the material and content contained within this web site is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this web site. You further acknowledge that any other use of the material and content of this web site is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

 

7. Liability and indemnity

 

7.1 Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law. 

7.2 Subject to section 7.1 above, Tipsy Gifts will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the web site. Tipsy Gifts will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the web site and Tipsy Gifts accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site. 

7.3 Subject to section 7.1 above, other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out at Section 5 above, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law. 

7.4 Subject to section 7.1 above, Tipsy Gifts will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any: 

 

• economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or 

• loss of goodwill or reputation; or 

• special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions

7.5 Notwithstanding the above, subject to Section 7.1 Tipsy Gifts’ aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause. 

7.6 This clause 7 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights. 

7.7 We will take all reasonable precautions to keep the details of your order and payment secure, but unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.

 

8. Miscellaneous Provisions

 

8.1 The contract between us shall be governed by the laws of England and Wales, and any dispute between us will be resolved exclusively in the courts of England and Wales. English is the only language offered for the conclusion of the contract. 

8.2 Tipsy Gifts shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control. 

8.3 To provide increased value to our customers, we may provide links to other web sites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked web site we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such web sites, (ii) the content of such web sites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such web sites or resources or (iii) the use to which others make of these web sites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external web sites or resources. 

8.4 You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by Tipsy Gifts. 

8.5 Tipsy Gifts reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party. 

8.6 If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected. 

8.7 These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999) except: 

Tipsy Gifts shall have the right to enforce any rights or benefits under these terms and conditions; 

Tipsy Gifts shall have the right to enforce and take the benefit of the rights or benefits of any limitation or exclusion or limitation of liability in these terms and conditions; 

A person who is a permitted successor or assignee under Section 8.8 above of the rights or benefits of these terms and conditions may enforce such rights or benefits.

No consent from the persons referred to in Section 8.9 is required for the parties to vary or rescind these terms and conditions (whether or not in any way that varies or extinguishes rights or benefits in favour of such third parties). 

 

8.8 No delay or failure by Tipsy Gifts to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of Tipsy Gifts. 

8.9 These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations, understandings and agreements between you and Tipsy Gifts relating to the use of this web site (including the order of products) and sets forth the entire agreement and understanding between you and Tipsy Gifts for your use of this web site.

The Tipsy Gifts web site is operated by: 

The Together Forever Trading Company Limited,
Gyffin Convenience Store (Registered Office),
Glanrafon Terrace,
Gyffin,
Conwy,
LL32 8LR.
 

Registered in Wales No. 5725544 
VAT Number 771 0687 21

We recommend you print out a copy of these terms and conditions for your future reference. 

If you have any questions regarding the Tipsy Gifts web site please do not hesitate to contact us.