Terms and Conditions
SERVICES AGREEMENT
Commercial Details
we, us or our (Service Provider): The Emotional Gifting Company Ltd, a company established in England and Wales. Our company registration number is 17145081. Address: 10 Wells Close, Whiteley, Fareham, England, PO15 7HP
you or your (Customer): The customer who places an order on our website. Your name, address and email address are as provided by you at the point of placing your order.
Services
The Services are those selected by you at the point of placing your order on our website, which may include any combination of the following:
Personal gift sourcing: we will review your completed questionnaire and identify a suitable gift for your chosen recipient and occasion;
Gift recommendation: we will present our recommendation to you and you will have 48 hours to approve or reject it. If you reject our recommendation, we will make up to two further attempts to find a suitable gift; and
Gift wrapping and packaging: where selected as an add-on, we will wrap and package the gift prior to dispatch.
Exclusions:
We are not responsible for the acts or delays of third-party delivery providers once the gift has been dispatched.
Price
The price for the Services (including VAT) is as displayed on our website at the time you place your order (the Price). Where the Services include a bespoke package, the Price may include an estimated element for time or materials, as set out on our website.
Payment Terms
You must pay us the Price in full before we supply the Services, using the payment method set out on our website. We do not accept cash payments; all orders must be placed and paid for online.
Where the Price includes an estimate for time or materials (for example, for bespoke packages or gift wrapping), we will refund any unused portion to you within 14 days of completing the Services.
Term
This Agreement starts upon the earlier of (i) your confirmation of your order on our website and (ii) your payment of the Price, and will continue until the date on which we have completed the supply of the Services to you (as reasonably determined by us).
Warning - Right to Change Your Mind
Right to cancel: You have the right to cancel this contract within 14 days without giving any reason (the Cancellation Period).
When the Cancellation Period starts: The Cancellation Period starts on the day you confirm your order on our website and ends 14 days later.
How to cancel: To cancel, you must inform us of your decision by a clear statement (by post or email) using our contact details set out above.
Early performance: We will not begin work on your order during the Cancellation Period unless you expressly ask us to do so. If you ask us to begin work during the Cancellation Period, you acknowledge that your right to cancel will be lost once we have fully performed the Services. For these purposes, work begins when we receive your completed questionnaire. If you cancel after we have begun work but before completion, you must pay for the Services performed up to the point of cancellation, proportionate to the full Price. You may request early performance by ticking the relevant box at the point of placing your order on our website, or by notifying us in writing after your order has been confirmed.
Spontaneous package: If you select our spontaneous package, you acknowledge that the nature of that package requires us to begin work immediately upon receipt of your completed questionnaire, which will be within the Cancellation Period. By selecting this package, you expressly request early performance and acknowledge that your right to cancel will be lost once we have begun work.
Refunds: If you cancel within the Cancellation Period and we have not yet begun work, we will refund all payments within 14 days. If work has begun, we will refund the balance after deducting a proportionate amount for Services performed.
By placing an order on our website, you confirm that you have read and agree to these terms and conditions. These terms and conditions form a binding agreement between you and us from the moment your order is confirmed.
Service Terms and Conditions
Services: We agree to provide the Services to you on these terms and conditions.
Variations: Changes to the Services need to be written and agreed upon by both parties. They will be priced as per our rate schedule or as mutually agreed. If your request changes the scope of services or our duties, we are not required to follow them unless agreed in writing as stated. For the avoidance of doubt, placing a new or additional order on our website does not constitute a variation to an existing Agreement.
Timeframes: We require a minimum of 7 days from the date we receive your completed questionnaire to source and arrange delivery of your gift. Any timeframes we provide are estimates only. We are not liable for any delay caused by your failure to respond to our gift recommendation within the 48-hour window, or by any third-party delivery provider. We recommend placing your order as far in advance as possible.
Gift sourcing attempts: We will make up to three attempts to find a suitable gift based on the information you provide. If we are unable to find a gift that you approve after three attempts, we will refund the gift budget element of the Price to you within 14 days. Our service fee for the time spent sourcing the gift is non-refundable in these circumstances.
Price and Payment Terms: You agree to pay the Price (which includes VAT) according to the Payment Terms.
Late Payments: If you don’t pay on time as agreed, we can choose to stop providing the Services 5 business days after the payment was due and we can also ask you to pay for any extra costs we face because you didn’t pay on time. This includes any costs to recover those payments from you.
Client obligations: You agree to provide us with all necessary documents, information, and cooperation reasonably required to enable us to provide the Services, including completing our questionnaire accurately and responding to our gift recommendations within the timeframes set out in this Agreement.
Intellectual Property:
Assignment of new IP: Any new intellectual property (IP) that we create specifically as part of the Services under this Agreement are assigned to you upon your payment of the Price in full.
Our pre-existing IP: We retain ownership of any IP that we already own prior to this Agreement or that we create independently of this Agreement. We grant you a non-transferable, non-exclusive license to use this pre-existing IP as necessary for your business operations, in connection with the Services we provide under this Agreement.
Your IP: Any IP you provide to us for the Services remains yours. You give us permission to use this IP only to supply the Services.
Termination for convenience: Either party may terminate this Agreement at any time by providing written notice to the other party. If you terminate this Agreement part-way through a subscription, you must pay for all Services already performed and any costs we have already incurred up to the date of termination. We will not charge you for Services not yet performed. If you have paid in advance for Services not yet performed, we will refund that amount to you within 14 days of termination.
Termination for breach: This Agreement can be terminated by either party (the Non-Defaulting Party) with immediate effect if the other party (the Defaulting Party) fails to fulfill a significant obligation under this Agreement. If the Defaulting Party does not correct the breach within 10 business days after receiving written notice from the Non-Defaulting Party, the Non-Defaulting Party has the right to terminate the Agreement immediately.
Liability: This Agreement does not limit any liability that cannot legally be limited, including liability for death or personal injury caused by negligence or fraud. Where you use the Services for commercial, business or resale purposes, we exclude all liability for loss of profit, loss of business, business interruption, or loss of business opportunity. Neither party shall be liable for any indirect or consequential losses arising from any breach of this Agreement. Each party's liability will be reduced proportionately to the extent that the relevant loss was caused or contributed to by the other party's acts, omissions or breach. Our total liability to you under or in connection with this Agreement will not exceed 100% of the Price paid by you to us.
Confidentiality: Both parties commit to maintaining the confidentiality of any proprietary or confidential information shared during the Term.
Data Protection: We will process any personal data in accordance with our privacy policy (which you can find here [insert]) and applicable data protection laws including the UK GDPR. We will only collect and use personal data that is necessary to provide the Services.
Subcontracting: We reserve the right to subcontract any portion of the Services at our discretion without needing to get your written approval beforehand. We commit to being fully responsible for fulfilling our obligations under this Agreement, and we will ensure that any subcontractors we employ will adhere to the terms of this Agreement as if we were performing the Services directly.
Relationship of Parties: This Agreement is not intended to create a partnership, joint venture, employment or agency relationship between the parties.
Governing Law: This Agreement is governed by the laws of England and Wales
Dispute Resolution: In the event of a dispute, the parties will first attempt to resolve the matter through mutual discussion or mediation.
Third Party Rights: No person who is not a party to this Agreement has any right to enforce its terms.
Amendments: Both parties must sign any changes or modifications to this Agreement in writing.
Definitions: The Services, the Price and Payment Terms and the Term will be as set out in the commercial details.