ONLINE TERMS FOR THE SALE OF GOODS

ABOUT THESE TERMS

1. These terms and conditions (Terms) set out the terms on which you can purchase gifts and gift
   boxes (Goods) through our website (Website). You must accept these Terms for us to provide the
   Goods to you. By purchasing one or more of our Goods, you confirm that you accept these Terms and
   you become legally bound by them.
2. Please read these Terms carefully. These Terms tell you who we are and other important
   information. They describe how we sell our Goods, set out your rights and responsibilities and tell
   you what to do if there is a problem. These Terms also limit our liability.
3. Some of these terms only apply if you are purchasing Goods as a consumer. This means that you
   primarily use the Goods for personal use (and will not use our Goods for commercial, business or
   resale purposes). Terms that only apply to consumers will be marked clearly.
4. By purchasing our Goods, you are agreeing to these Terms. If you do not agree to these Terms,
   you must not purchase our Goods.
5. Please note that we reserve the right to update, change or replace any part of these Terms at our
   sole discretion. However, the terms which apply to your order will be those in force at the time you
   submitted your order to us.
6. We will collect some personal data about you in order to process your order (e.g. your name,
   email address, payment details and delivery information). For information regarding how we process
   personal data, please see our privacy policy at https://www.gorgeousgiftcreations.com/privacy-policy.
7. These terms cover the terms and conditions if you purchase Goods via the Website. For
   information regarding access to and use of our Website, please see our Website terms of use at
   https://www.gorgeousgiftcreations.com/terms-and-conditions.

WHO ARE WE?

1. We are Gorgeous Gift Creations, whose address is Suite 121, 16 City Business Centre, Hyde Street, Winchester, Hants, SO23 7TA, UK (we/us/our).
2. We are a Gift and Gift Box retailer and in the business of selling Gifts and Gift Boxes to any
   persons for every occasion.
3. If you have any questions about these Terms, please contact us using the details below:
   Email: hello@gorgeousgiftcreations.com

PLACING AN ORDER

1. To purchase one or more of our Goods, you need to place an order on our Website.
2. Please check your order carefully before confirming it. You are responsible for ensuring that your
   order is complete and accurate.
3. The order will only be accepted when we send you a written acceptance of the order by email, at
   which point a contract between you and us will be created that is subject to these Terms. We will then
   send you a shipping confirmation email to let you know once your order has been dispatched.
4. We reserve the right to accept or reject any order at our discretion. If we are unable to accept your
   order, we will notify you as soon as possible.
   If you are a consumer:
5. By placing an order, you confirm that you are an individual who is:
   1. at least 18 years old; and
   2. a resident in the UK.
6. If you would like to make any changes to your order after you have submitted it, please contact us
   as soon as possible and we will let you know if it is possible to change your order.

DESCRIPTION OF OUR GOODS

1. Descriptions of the Goods are as set out on our Website.
2. Whilst we display the colours of the Goods, as accurately as possible, there may be minor
   variations between the images as they are displayed on the Website and the Goods you receive. In
   particular (but without limitation), we cannot guarantee that your computer’s display of the colours
   will reflect the colour of the Goods.
3. When providing our Goods to you, we promise that:
   1. we will provide our Goods to you in accordance with these Terms;
   2. we will comply with all applicable laws;
   3. our Goods will conform with the description set out in the order;
   4. our Goods will be free from material defects;
   5. our Goods will be of satisfactory quality.
4. All weights, sizes and measurements set out on our Website are as accurate as possible but there
   may be a small tolerance of up to 2%.

DELIVERY

1. We will deliver your selected Goods to you according to your chosen delivery method, as set out
   in our email confirmation to you. A full list of our delivery charges can be found at on the website.
   The cost of delivery will be as displayed to you on our Website when you place the order.
2. While we make every effort to deliver our Goods to you on your chosen delivery date or as soon
   as reasonably possible and in any event within 7 days of accepting your order, time of delivery is not
   guaranteed.

PRICE AND PAYMENT

1. The price for our Goods will be shown on the Website and as set out in your order (Price). The
   Price is inclusive of VAT.
2. Prices for our Goods may change at any time. This will not affect existing orders unless:
   1. the information you provided us in relation to your order was materially different from the
      information we required in order to provide the Goods (for example, measurements, weights etc.); or
   2. there has been an error on the Website regarding the pricing of any of our Goods and this affects
      your order, we will try to contact you using the contact details you provided when you placed your
      order. We will give you the option to re-confirm your order at the correct price or to cancel your
      order.
3. We will charge the Price to the credit or debit card that you have provided at the time we accept
   the order. All amounts due must be paid in full in advance.
4. We accept the following credit cards and debit cards: Visa, Mastercard and American Express.
   You can also pay by Apple Pay. All credit card and debit card payments need to be authorised by the
   relevant card issuer.
5. We use a third-party payment provider Stripe to process payments on our Website.

YOUR RIGHTS AS A CONSUMER

This clause 7 only applies where you purchase Goods from us as a consumer.

1. You have 14 days from the date of your order confirmation email to change your mind and cancel
   your order. This does not apply to perishable products, bespoke or personalised products, or any
   products that have a protective or hygiene seal (e.g. underwear, beauty products, pierced jewellery,
   DVDs, video games etc) if that seal has been broken.
2. To cancel your order, please email us at hello@gorgeousgiftcreations.com. You can also use the
   cancellation form available at the contact us page.
3. To help us process your cancellation more quickly, please have your order details ready or include
   it in the email or cancellation form you send to us.
4. If you have already received your order, you must return the products to us within 14 days of
   telling us that you want to cancel your order. The deadline is met if you send or bring the products
   back to us before the 14-day period has expired. We strongly recommend that you get proof of
   postage. We may withhold the refund until we have received the products back from you or until you
   have provided us with evidence that you have sent the products back (whichever is earlier).
5. Goods must be returned to us in a new and unused condition and, to the extent possible, in their
   original packaging. We may make a deduction from the refund amount if you have handled the
   product in a way that has diminished the value of the product, if such handling was beyond what is
   necessary to establish the nature, characteristics and functioning of the products. You are responsible
   for the products while they are in your possession.
6. Unless your products are faulty or misdescribed, you are responsible for the cost of returning the
   products to us. To return your Goods to us, please email us at hello@gorgeousgiftcreations.com for
   further details
7. Once we have received the returned Goods and are satisfied that they are in new and unused
   condition, we will provide you with a full refund (including basic delivery charges) as soon as
   possible. If you cancelled your order before you received any products, we will issue the refund no
   later than 14 days after the day on which you told us that you want to cancel. If you have sent
   products back to us, we will issue the refund no later than 14 days after the day we receive the
   products back from you or, if earlier, 14 days after the day you provide us with evidence that you have
   sent the products back.
8. We will issue your refund to the same payment method you used when you placed your order.
9. For more detailed information on your consumer rights, visit the Citizens Advice website at
   https://www.citizensadvice.org.uk/consumer or call 0808 223 1133.

IF THE GOODS ARE FAULTY

Where the Goods or deliverables do not meet their descriptions:
If you are a consumer:

1. The Goods that we provide to you must be as described, fit for purpose and of satisfactory quality.
   We are under a legal duty to supply products that are in conformity with our contract with you.
2. If you have returned the Goods to us because they were faulty or misdescribed, we will refund the
   Price and the delivery costs to you on your original payment method promptly upon receiving the
   Goods.
3. If your Goods are faulty or misdescribed, please contact us as soon as reasonably possible.
   If you are a business customer:
4. You must notify us in writing within 14 days of receipt of the Goods and any deliverables setting
   out the nature and extent of the faults or defects;
5. You are responsible for the cost of returning the Goods to us; and
6. We shall, at our option, remedy the fault with the Goods or refund (in whole or in part) the Price
   for the Goods.

YOUR OBLIGATIONS AND RESTRICTIONS

1. You agree that:
   1. you will provide complete and accurate information when placing an order;
   2. you are responsible for making sure that the information you provide us in order to enable us to
      provide the Goods is correct;
   3. you will comply with these Terms, and any other documents referred to in it, when placing an
      order for Goods; and
   4. in reading and accepting these Terms, you are aware of and understand your rights and
      responsibilities, and if you are not sure, you have contacted us on our Contact page for help or more
      information.

OUR RIGHT TO END THE CONTRACT

1. We may terminate any and all contracts we have with you at any time by contacting you in
   writing if:
   1. you commit a serious breach of these Terms;
   2. you do or take part in anything illegal when using our Website or purchasing our Goods; or
   3. you fail to pay any amount due under a contract on the due date.
2. You can cancel your order under clause 7 (your rights as a consumer) or clause 8 (if the goods
   are faulty).
3. Our right to terminate does not affect any of your rights.

OUR LIABILITY TO YOU

1. We are not liable to you for any losses you incur where the Goods are delayed or cannot be
   delivered because you fail to make information available to us or fail to provide us with adequate
   instructions or information to allow us to deliver the Goods.
2. We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not
   caused by our breach or negligence, or any business loss or damage. If we are affected by an
   unforeseeable event, we will promptly write to you to let you know if this means we are unable to
   fulfil the contract.
3. Nothing in these Terms excludes or limits our liability for any death or personal injury caused by
   our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law
   does not allow us to exclude or limit.
   The following clauses in this clause 11 only apply to you if you are a consumer.
4. If we breach these Terms or are negligent, we are liable to you for foreseeable loss or damage
   that you suffer as a result. By ‘foreseeable’ we mean that, at the time the contract was made, it was
   either clear that such loss or damage would occur, or you and we both knew that it might reasonably
   occur, as a result of something we did (or failed to do).
5. We are not liable to you for any losses you incur where the Goods are delayed or cannot be
   performed because you fail to make the delivery location available to us, or fail to prepare the location
   as required for us to provide the Goods, or fail to provide us with adequate instructions or information
   to allow us to perform the Goods (for example, failure to provide measurements).
   The following clauses in this clause 11 only apply if you are a business customer.
6. Subject to the below, our liability under or in connection with these Terms (regardless of whether
   such liability arises in tort, contract or in any other way and whether or not caused by negligence or
   misrepresentation) will not exceed the price for the Goods paid by you.
7. We will not be liable to you under or in connection with these Terms (regardless of whether such
   liability arises in tort, contract or in any other way and whether or not caused by negligence or
   misrepresentation) for:
   1. consequential, indirect or special losses; or
   2. any of the following (whether direct or indirect):
   3. loss of profit;
   4. loss or corruption of data;
   5. loss or corruption of software or systems;
   6. loss or damage to equipment;
   7. loss of use;
   8. loss of opportunity;
   9. loss of savings, discount or rebate (whether actual or anticipated); or
   10. harm to reputation or loss of goodwill.
8. Where we have failed to provide you with the Goods or some or all of the materials described on
   your order, we shall only be liable up to the limit of the price paid by you for the Goods.

GENERAL

1. You are not allowed to transfer your rights or obligations under these Terms to anyone without
   our prior written consent. We may transfer our rights and obligations under these Terms to another
   business without your consent, but we will notify you of the transfer and make sure that your rights
   are not adversely affected as a result.
2. If any provision of these Terms (or part of any provision) is or becomes illegal, invalid or
   unenforceable, the legality, validity and enforceability of any other provision of these Terms will not
   be affected.
3. If you breach these Terms and we take no action, we will still be entitled to use our rights and
   remedies in any other situation where you breach these Terms.
4. Under this contract, notices must be in writing and sent to the other party’s address or email
   address, as set out in the order confirmation. Letters sent in the United Kingdom will be deemed
   delivered 3 business days (excluding English Bank Holidays), after sending. Emails will be deemed
   delivered the same day (or the next business day, if sent on a non-business day or after 5pm on any
   business day at the recipient’s location).
5. Our contract with you and these Terms represent the entire agreement between us and replace
   any terms and conditions of purchase or supply that you have been provided with previously.
6. Our contract with you and these Terms and any dispute or claim arising out of them will be
   governed by, and interpreted in accordance with, the laws of England and Wales and the parties agree
   that the courts of England and Wales will have exclusive jurisdiction to settle such disputes or claims.
   If you are a consumer and live in either Northern Ireland or Scotland, you can choose to bring a
   claim in England and Wales or in the courts of another part of the United Kingdom in which you live.