Conditions of Use
These Terms and Conditions govern your use of the Birthday Wine Gifts.co.uk website (Birthday Wine Gifts.co.uk Site) and your relationship with Birthday Wine Gifts.co.uk (Birthday Wine Gifts.co.uk, we or us). Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not register for or use the Birthday Wine Gifts.co.uk Site. Please note that to use any of the services provided on the Birthday Wine Gifts.co.uk Site, you are required to register as an authorised user on the site.
The Birthday Wine Gifts.co.uk Site is provided to you free of charge for your personal use subject to these Terms and Conditions. By using the Birthday Wine Gifts.co.uk Site you agree to be bound by these Terms and Conditions.
THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS.
We may update these Terms and Conditions from time to time and any changes will be notified to you via the e-mail address provided by you on registration or via a suitable announcement on the Birthday Wine Gifts.co.uk Site. The changes will apply to the use of the Birthday Wine Gifts.co.uk Site after we have given notice. If you do not wish to accept the new Terms and Conditions you should not continue to use the Birthday Wine Gifts.co.uk Site. If you continue to use the Birthday Wine Gifts.co.uk Site after the date on which the change comes into effect, your use of the Birthday Wine Gifts.co.uk Site indicates your agreement to be bound by the new Terms and Conditions.
To register with Birthday Wine Gifts.co.uk you must be over eighteen years of age.
You must ensure that the details provided by you on registration or at any time are correct and complete.
You must inform us immediately of any changes to the information that you provided when registering by updating your personal details.
When you register to use the Birthday Wine Gifts.co.uk Site you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us by contacting Customer Services (see below for contact details) immediately.
If Birthday Wine Gifts.co.uk has reason to believe that there is likely to be a breach of security or misuse of the Birthday Wine Gifts.co.uk Site, we may require you to change your password or we may suspend your account in accordance with paragraph 12 below.
Using Discount Coupons
Discount Coupons can only be used online at www.BirthdayWineGifts.co.uk subject to these general terms and conditions, and any other specific conditions notified to you on the issue of a Discount Coupon.
A Discount Coupon is redeemed by entering its code at the appropriate point in the online purchase process. Redemption may be subject to you providing proof of entitlement to use the Discount Coupon.
Your use of a Discount Coupon indicates your agreement to be bound by these Discount Coupon Terms and Conditions.
Birthday Wine Gifts.co.uk reserves the right to withdraw or cancel a Discount Coupon for any reason at any time.
Distribution of Discount Coupons
Discount Coupons are, and remain at all times, the property of Birthday Wine Gifts.co.uk.
The right to use a Discount Coupon is personal to the original recipient and may not be transferred. No Discount Coupon may be copied, reproduced, distributed, or published directly or indirectly in any form or by any means for use by an entity other than the original recipient, or stored in a data retrieval system, without the prior written permission of Birthday Wine Gifts.co.uk.
Discount Coupons distributed or circulated without the written approval of Birthday Wine Gifts.co.uk, for example on an Internet message board or on a “bargains” website, are not valid for use and may be refused or cancelled.
Permitted usage of Discount Coupons
Unless expressly stated otherwise at the time of issue of the Discount Coupon;
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- Each issued Discount Coupon will be valid for use by a recipient only once,
- Only one Discount Coupon will be valid for use per customer or household, as the case may be, and,
- A Discount Coupon may not be used in conjunction with any other special offer or Discount Coupon.
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Discount Coupons cannot be exchanged for cash or used to purchase gift-Coupons.
Minimum spend requirements
Where the redemption of a Discount Coupon is subject to a minimum spending requirement, the redemption is only permitted in respect of the purchase of qualifying products which will be communicated to you at the time of issue of the Discount Coupon. Excluded products and supplementary charges, such as delivery, gift wrap or postage & packing, shall not count towards a minimum spending requirement.
If more than one minimum spend offer is valid for use in an order, there must be sufficient qualifying spend to meet the requirements of each offer in total.
Calculation of discount
Where an online offer states that a percentage discount will be given on a purchase, the cost of the qualifying purchases will be reduced by the stated discount percentage.
Where purchases are stated to be offered on a “VAT-free” basis, the prices of qualifying items will be reduced by the equivalent of VAT.
Supplementary charges such as delivery or postage & packing shall not be discounted unless specifically stated in the offer description.
Security and Fraud
When you use a Discount Coupon you warrant to Birthday Wine Gifts.co.uk that you are the duly authorised recipient of the Discount Coupon and that you are using it in good faith.
If you redeem, attempt to redeem or encourage the redemption of Discount Coupons to obtain discounts to which you or a third party are not entitled you may be committing a civil or criminal offence.
If we reasonably believe that any Discount Coupon is being used unlawfully or illegally we may reject or cancel any Discount Coupon and you agree that you will have no claim against us in respect of any rejection or cancellation. Birthday Wine Gifts.co.uk reserves the right to take any further action it deems appropriate in such instances.
If we refuse a Discount Coupon submitted as part of an order, for any reason, we will inform you before the order is dispatched to advise of the correct cost of the order and give you the opportunity to cancel the order.
Limitation of liability
At all times our acceptance of an order takes place on despatch of the order, at which point the purchase contract will be made and you will be charged for your order.
All offers are subject to availability and while stocks last.
Birthday Wine Gifts.co.uk shall not be liable to any customer or household for any financial loss arising out of the refusal, cancellation or withdrawal of any Discount Coupon or any failure or inability of a customer or household to use an e-Coupon for any reason.
Miscellaneous
We reserve the right to vary or terminate the operation of any Discount Coupon at any time without notice.
The failure of Birthday Wine Gifts.co.uk to take any action in respect of a breach of these terms and conditions shall not constitute a waiver of their enforceablility. Birthday Wine Gifts.co.uk reserves its rights in respect of these terms and conditions at all times.
Refunds on promotional offers
Refunds for goods purchased under a promotional offer will be based on the terms of the promotional price. Your statutory rights are not affected.
The services provided by the Birthday Wine Gifts.co.uk Site do not include the provision of computer or other necessary equipment to access the Birthday Wine Gifts.co.uk Site. To use the Birthday Wine Gifts.co.uk site you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone or other costs that you may incur.
The content of the Birthday Wine Gifts.co.uk Site is protected by copyright, trade marks, database and other intellectual property rights. You may retrieve and display the content of the Birthday Wine Gifts.co.uk Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Birthday Wine Gifts.co.uk Site without written permission from Birthday Wine Gifts.co.uk.
No licence is granted to you in these Terms and Conditions to use any trade mark of Birthday Wine Gifts.co.uk or its affiliated companies.
You may not use the Birthday Wine Gifts.co.uk Site including forum for any of the following purposes:
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- disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material
- transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice
- gaining unauthorised access to other computer systems
- interfering with any other person’s use or enjoyment of the Birthday Wine Gifts.co.uk Site
- breaching any laws concerning the use of public telecommunications networks
- interfering or disrupting networks or web sites connected to the Birthday Wine Gifts.co.uk Site
- making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner
Birthday Wine Gifts.co.uk reserves the right to refuse to post material on the Birthday Wine Gifts.co.uk Site or to remove material already posted on the Birthday Wine Gifts.co.uk Site.
You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with:
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- any claim by any third party that the use of the Birthday Wine Gifts.co.uk Site by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
- any claim by any third party that the use of the Birthday Wine Gifts.co.uk Site by you infringes that third party’s copyright or other intellectual property rights of whatever nature; and
- any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Birthday Wine Gifts.co.uk Site by you.
Although Birthday Wine Gifts.co.uk aims to offer you the best service possible, Birthday Wine Gifts.co.uk makes no promise that the services at the Birthday Wine Gifts.co.uk Site will meet your requirements. Birthday Wine Gifts.co.uk cannot guarantee that the service will be fault free. If a fault occurs in the service you should report it to the Customer Services (see below for contact details) or by email at personalised@Birthday Wine Gifts.co.uk and we will attempt to correct the fault as soon as we reasonably can.
Your access to the Birthday Wine Gifts.co.uk Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. Birthday Wine Gifts.co.uk will attempt to restore the service as soon as it reasonably can.
Birthday Wine Gifts.co.uk may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.
You can cancel this agreement at any time by informing us in writing. If you do so, you must stop using the Birthday Wine Gifts.co.uk Site.
The suspension or cancellation of your registration and your right to use the Birthday Wine Gifts.co.uk Site shall not affect either party’s rights or liabilities.
Paragraphs 8, 9 and 12 of these Terms and Conditions shall survive cancellation.
The Birthday Wine Gifts.co.uk Site is provided by Birthday Wine Gifts.co.uk without any warranties or guarantees. You must bear the risks associated with the use of the Internet.
The Birthday Wine Gifts.co.uk Site provides content from other Internet sites or resources and while Birthday Wine Gifts.co.uk tries to ensure that material included on the Birthday Wine Gifts.co.uk Site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. Birthday Wine Gifts.co.uk will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Birthday Wine Gifts.co.uk Site. If Birthday Wine Gifts.co.uk is informed of any inaccuracies in the material on the Site we will attempt to correct the inaccuracies as soon as we reasonably can.
In particular, we disclaim all liabilities in connection with the following:
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- incompatibility of the Birthday Wine Gifts.co.uk Site with any of your equipment, software or telecommunications links
- technical problems including errors or interruptions of the Birthday Wine Gifts.co.uk Site
- unsuitability, unreliability or inaccuracy of the Birthday Wine Gifts.co.uk Site
- inadequacy of the Birthday Wine Gifts.co.uk site to meet your requirements
To the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Birthday Wine Gifts.co.uk Site.
Nothing in these Terms and Conditions shall exclude Birthday Wine Gifts.co.uk’s liability for personal injury or death caused by its negligence.
Our acceptance of an order takes place on despatch of the order, at which point the purchase contract will be made and you will be charged for your order.
As a convenience to Birthday Wine Gifts.co.uk customers, the Birthday Wine Gifts.co.uk Site may include links to other web sites or material which are beyond its control. Birthday Wine Gifts.co.uk is not responsible for content on the Internet or World Wide Web pages, or any other site outside the Birthday Wine Gifts.co.uk Site.
Part of the Birthday Wine Gifts.co.uk Site may contain advertising and sponsorship. Advertisers and Sponsors are responsible for ensuring that material submitted for inclusion on the Birthday Wine Gifts.co.uk Site complies with relevant laws and codes. We will not be responsible for any error or inaccuracy in advertising and sponsorship material.
These Terms and Conditions shall be governed by and construed in accordance with the law.
Birthday Wine Gifts.co.uk makes no promise that materials on the Birthday Wine Gifts.co.uk Site are appropriate or available for use in locations outside the United Kingdom, and accessing the Birthday Wine Gifts.co.uk Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
Please ensure that the expiry date of your payment card is after the anticipated despatch date of your order. Payment is taken at the point of despatch for goods and in the event that the payment card has expired we will be unable to take payment and fulfil your order.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
If you breach these Terms and Conditions and Birthday Wine Gifts.co.uk ignores this, Birthday Wine Gifts.co.uk will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
Birthday Wine Gifts.co.uk shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control.
If you have any queries please contact Customer Services at personalised@BirthdayWineGifts.co.uk