terms

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supply



This page (together with the documents referred to on it) sets out the terms of use on which we supply to you with our gift registration service featured on our website www.rightgift4me.com (our site). Please read these terms of use carefully before subscribing to our service. By taking such service you agree to be bound by these terms and conditions. Please print a copy of these terms and conditions for future reference.

1. INFORMATION ABOUT US

www.rightgift4me.com is a site operated by Fortula Limited ("We"). We are registered in England and Wales under company number 5889136 and have our registered office at 373-375 Station Road, Harrow, Middlesex HA1 2AW. Our main trading address is PO Box 869A, Kingston-upon-Thames, Surrey KT1 9HF.

2. THIS AGREEMENT

By signing up for services on our site, you warrant that:

  1. You agree to these terms and conditions; and
  2. If acting as a Supervisor, you agree to assist any child under 12 years of age that you are the Supervisor for and will monitor their use of our services.

3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

3.1 All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms the acceptance of your order (the Order Confirmation). The contract between us (Contract) will only be formed when we send you the Order Confirmation.

4. OUR STATUS

4.1 Please note when you buy gifts that is a separate contract between you and third party sellersand is subject to the terms and conditions of that third party seller, which they will advise you of directly. You should carefully review their terms and conditions applying to the transaction.

4.2 We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are disclaimed by us absolutely. This disclaimer does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.

5. CONSUMER RIGHTS

5.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days from the date you subscribe to our service. In this case, you will receive a full refund of the price paid in accordance with our refunds policy (set out in paragraph 9 below).

5.2 To cancel a Contract, you must inform us in writing.

5.3 Details of this statutory right, and an explanation of how to exercise it, are provided in the Order Confirmation. This provision does not affect your statutory rights.

6. PRICE AND PAYMENT AND REFUNDS

6.1 The cost of our service is currently free of charge. However, we reserve the right to charge a small annual fee at a later date. A reasonable notice period will be given before any charge is applied.

If a small fee is levied in the future, the following will apply -

6.2 The initial payment is for our registration fee for the first twelve months of the service and in subsequent years is for our administration/service fee if you choose to continue to take our service. You will not have to pay a second registration fee. In the first year you do not in addition have to pay the administration fee.

6.3 Our price includes VAT unless otherwise stated.

6.4 Prices are liable to change at any time but an increase in registration or administration fee will not affect you until the next time you renew your subscription and changes will not affect orders in respect of which we have already sent you an Order Confirmation.

6.5 We are under no obligation to provide any product to you at the incorrect (lower) price, even after we have sent you a Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.

6.6 Payment for all products or services supplied by us must be by credit or debit card. We accept payment with major credit card and UK debit cards as detailed on our website www.rightgift4me.com.

6.7 If you choose to cancel the service within 7 days we will refund the fee you paid within 30 days by recrediting the card by which you paid for the service.

7. OUR LIABILITY

7.1 We will use our reasonable endeavours to provide the services as described on our site.

7.2 Our liability in connection with any service purchased through our site is strictly limited to the purchase price of that service.

7.3 This does not include or limit in any way our liability:

  1. For death or personal injury caused by our negligence;
  2. Under section 2(3) of the Consumer Protection Act 1987;
  3. For fraud or fraudulent misrepresentation; or
  4. For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

7.4 We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

7.5 Where you buy any product or service from a third party seller through our site, the seller's individual liability will be set out in the seller's terms and conditions.

8. IMPORT DUTY

8.1 If you order products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

8.2 Please also note that you must comply with all applicable laws and regulations of the country for which any products are destined. We will not be liable for any breach by you of any such laws.

9. WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

10. NOTICES

All notices given by you to us must be given by email to Fortula Limited at admin@rightgift4me.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in paragraph 9. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.

11. TRANSFER OF RIGHTS AND OBLIGATIONS

11.1 The contract between you and us is binding on you and us and on our respective successors and assigns.

11.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

11.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

12. EVENTS OUTSIDE OUR CONTROL

12.1 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).

12.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

  1. Strikes, lock-outs or other industrial action.
  2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
  3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
  4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
  5. Impossibility of the use of public or private telecommunications networks.
  6. The acts, decrees, legislation, regulations or restrictions of any government.

12.3 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.

13. WAIVER

13.1If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

13.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

13.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 10 above.

14. SEVERABILITY

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

15. ENTIRE AGREEMENT

15.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

15.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

15.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these terms and conditions.

16. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

16.1 We have the right to revise and amend these terms and conditions from time to time.

16.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the products or services).

17. LAW AND JURISDICTION

Contracts for the purchase of products or services through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

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