TERMS & CONDITIONS

What is MyGiftGenie?

The MyGiftGenie website (referred to below as ‘the site’) is an online anniversary, birthday and event reminder service. It provides users with a free tool that enables them to add friends and family special events and provides a reminder at 4 and 2 weeks before the chosen event. We also provide a curated selection of gifts that meet selected preferences.

The Services are operated by MyGiftGenie Ltd ("we"). We are registered in England and Wales under company number 10070404 and with our registered office address at 39 Danecourt Road, Poole, BH14 0PG

As well as reading the following Terms & Conditions to which you have agreed by using this Site, you should also refer to any terms and conditions of each individual supplier ("Supplier”) on their product pages before making any order.

Acceptance of terms

These provisions (including the Privacy Policy) set out the terms and conditions on which you may make use of the MyGiftGenie website whether as a guest or registered user. We may update these Customer Terms (and the documents referred to in them) and any aspect of the Service from time to time and will notify such changes to you by uploading details of them on the Site. You should review the Customer Terms periodically for changes. By using the Site you agree to be bound by these Customer Terms. If you do not agree to these Customer Terms then please do not use the Services or any part of them.

Accessing our Service

Access to the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the services we provide through the Site without notice. We will not be liable if for any reason any of the Services are unavailable at any time or for any period. From time to time, we may restrict access to any or all of the Services, to users who have registered with us. Any personal data and other information provided by you is processed by us in accordance with our Privacy Policy. By providing any such personal data or other information you agree to the terms of our Privacy Policy. If you choose, or you are provided with a password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Customer Terms.

Data

By using the Service and accessing the Website, you consent to your data (as defined in the Data Protection Act 1998) being held and processed by MyGiftGenie. Such data will include your name, email address, postal address, and contact details. MyGiftGenie is committed to only using your data for passing on your orders to your chosen Supplier, so they can then supply the Goods to you as requested by you through using the Service. A Supplier may instruct third parties to process the delivery of Goods to you.

If you have subscribed to use the free reminder service then you agree to us sending you a reminder of that event 4 weeks and 2 weeks prior to the event date. This reminder will be in the form of an email. If you wish to stop receiving reminder event emails then you can do so by logging into your personal account and deleting the event. Once an event is deleted, all data is permanently removed from our servers.

We keep a record of any purchase/s you make from any of our partner suppliers. This means both the suppliers and (in some instances) we can help to deal with any queries or problems you may have, and also so we can ensure that any information that we send to you is relevant.

We keep a record of any e-mail correspondence you send us, so we can track any problems or concerns you've had with any of the partners' stores on our website. We take every precaution to protect your information. To this end all personal information stored by us is kept on a server in a secure environment.

Secure Socket Layer ("SSL") encryption technology is used for protection of information in transit for any sensitive transations such as payments.

We do not store or process your card details ourselves, they are processed and stored via Sage Pay, which is our contracted third party service provider.

If you would like your personal data to not be held by MyGiftGenie, then you should notify MyGiftGenie immediately by sending an email to enquiries@mygiftgenie.com.

Description of MyGiftGenie.com’s service

Please note that when you decide to purchase goods and/or services the resulting legal contract is between you and that Supplier and such contract shall comprise of these Customer Terms, the email confirmation of your order and the applicable details on the product page and you agree to be bound by all such provisions. You should carefully review the Customer Terms, the email confirmation of your order and the applicable details on the product page in relation to the order. If there is any conflict or inconsistency between these Customer Terms and the email confirmation of your order or the applicable details on the product page, these Customer Terms shall prevail to the extent of the conflict or inconsistency. We cannot give any undertaking, that goods and/or services you purchase from Supplier’s through the Site will be of satisfactory quality, and this and any other such warranties (whether express or implied) are disclaimed by us absolutely to the fullest extent permitted by law. This disclaimer does not affect your statutory rights against the Supplier. Where you order goods and/or services through the Site we may disclose your customer information related to that transaction to the relevant Supplier to ensure delivery. We do not review or control, and are not responsible in any way for, listings provided by Supplier and at no time do we possess any items offered for sale by Supplier through the Site.

Disclaimer of Warranties and limitation of liability

To the fullest extent permitted by applicable laws, we disclaim responsibility for any harm resulting from your use of any part of the Service. The Site is provided “as is” and “as available” and we expressly disclaim to the fullest extent permitted by law all express, implied and statutory warranties. Nothing in these Customer Terms shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our employees or for any other liability that cannot be limited or excluded by law.

MyGiftGenie acts as agent only for Sellers. MyGiftGenie does not own nor hold title nor possess any Goods displayed on the Website. Such Goods are in the ownership, title, possession, and control of the relevant Sellers. Any dispute over the quality of the Goods, payment terms, returns, deliveries and refunds shall be between you and the Seller.

How contracts are formed between you and Supplier

Each order you place shall be deemed to be an offer by you to purchase the goods and/or services specified within it subject to the Customer Terms and the applicable details on the product page. No order shall be deemed to be accepted by the Supplier until we (acting as the commercial agent of the Supplier) issue an email acknowledgement of order. The contract between you and a Supplier will relate only to those goods and/or services notified in the email acknowledgement of order.

Payment methods

Purchases for goods and/or services you make with Supplier may only be paid for using the payment methods we make available through our payment facility. In accepting or otherwise processing your payments related to the purchase of items from Suppliers, we act in the capacity as commercial agent of the Supplier. The Supplier acknowledges and agrees that the valid payment by you to us for the purchase of item(s) between you and the Supplier will satisfy your obligation to pay the Supplier for the relevant item(s) and consequently, any debt obligations owed by you to the Supplier for the purchase of such items shall be extinguished at that time. You acknowledge that these Customer Terms, and/or any transaction made by you via mygiftgenie.com, do not create or imply any partnership, joint venture or trust relationship between us, you and/or the Supplier. The Supplier further agrees that it will not seek recourse (legal or otherwise) against you for payment of items if you have validly paid us. All prices shall be shown in the applicable currency and payable in that currency. You accept that some banks may charge you an additional fee for certain transactions (for example, international transactions). You accept that item prices in the currencies displayed do not vary according to your location; delivery charges will vary depending on the destination to choose to have the item delivered. For delivery destinations within the EU prices include VAT or other sales taxes where applicable.

Refusal of transaction

We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun.

Delivery arrangements

Your shopping basket on the Site displays the goods you have chosen, the Supplier who shall provide them and details of postage and packing. The delivery costs for each Supplier vary according to the delivery methods they offer. Any delivery times quoted are in working days. We use a range of different delivery options to get your order out to you as quickly as possible.

When you order a product from one of our suppliers, we will confirm when the order is being dispatched. If you have ordered products from more than one supplier they may arrive at different times as they are dispatched direct from each individual supplier. Please note that you may be charged different postage options if you order from several suppliers as items may not be batched under one cost.

Returns

If you wish to discuss or organise a return, exchange or refund of any non-cancellable item purchased through the Site (see below for a description of non-cancellable items), please contact MyGiftGenie directly at returns@mygiftgenie.com in accordance with our Returns & Refunds Policy. Any returns or refunds shall be made by the Supplier in accordance with the MyGiftGenie Returns & Refunds Policy.

Waiver

If we fail at any time to insist upon strict performance of any of your obligations under these Customer Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Customer Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

Severability

If any of these Customer Terms 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.

Entire agreement

These Customer Terms and any documents expressly referred to in them constitute the entire agreement between us and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between us, whether written or oral, relating to its subject matter. Each of us agrees that neither we nor you shall have any remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these Customer Terms or any documents expressly referred to in them. Neither of us shall have any claim for innocent or negligent misrepresentation based upon any statement in these Customer Terms and any documents expressly referred to in them.

Force majeure

Where we or a Supplier are prevented from or delayed in carrying out obligations under these Customer Terms due to circumstances beyond our or the Seller's reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to the Supplier's workforce), or restraints or delays affecting carriers or an inability or delay in obtaining supplies of adequate or suitable materials then either our or the Supplier's (as the case may be) performance of its obligations shall be postponed for the period of time that the circumstances continue.

Rights of Third Parties

No provision of these Customer Terms shall be enforceable by any third party (which includes for these purposes any third party: employee, officer, agent, representative or sub-contractor of either MyGiftGenie or the Seller) under the Contracts (Rights of Third Parties) Act 1999 or otherwise. Nothing in this clause excludes the rights of MyGiftGenie when acting as commercial agent of any Supplier.

Law and jurisdiction

Contracts for the purchase of goods or services through our Site or the App shall be governed by English law. Any dispute arising from, or related to, such contracts shall be subject to the exclusive jurisdiction of the courts of England.