Subscription Gifts – Terms and Conditions

1. Application
1.1. These Terms and Conditions are the standard terms that apply to the purchase of all subscription gifts from us, Subscription Gifts. Please read these Terms and Conditions carefully and ensure that you understand them – you will need to agree that you have read and accepted them before ordering any subscription gift from us. If you do not agree to comply with and be bound by these Terms and Conditions, you will not be able to order a subscription gift from us.
1.2. No other terms and conditions shall apply to the agreement between us unless otherwise agreed by us in writing. Our Website is only intended for use by people resident in the UK. We do not accept orders from outside of the UK. By placing an order through our Website, you warrant that (a) you are legally capable of entering into binding contracts; (b) you are at least 18 years old; and (c) you are resident in the UK.
2. Definitions and Interpretation: In these Terms and Conditions, the following expressions have the following meanings:
“Account” means the personal information and credentials used by you to create an account on the Website to enable an order to be placed;
“Service” means the introductory service provided by us to allow you to order via the Website from your chosen Service Provider;
“Service Provider” means the third party company that will be supplying the subscription gift service to you to following an introduction via the Website;
“User/You/Your” means you, the person accessing the Website;
“Website” means the website that you are currently using (www.subscriptiongiftstore.co.uk) and any sub-domains of this site unless expressly excluded by their own terms; and
“We/Us/Our” means Subscription Gifts, of PO Box 1455, Northampton, NN2 1EA.
The headings in these Terms and Conditions are for convenience only and shall not affect their interpretation. Words imparting the singular shall include the plural and vice-versa. Any reference to “writing” and “written” includes communication by email.
3. How the contract is formed between you and us
3.1. You can place an order for a subscription gift at any time via our Website. Our Website will guide you through the ordering process. Before submitting your order, you will be given the opportunity to review and amend it. Please ensure that you have checked your order carefully before submitting it. Your order for the subscription gift service constitutes a contractual offer that we may, at our sole discretion, accept. All orders are subject to acceptance by us and we will confirm such acceptance to you by sending you an email that confirms that the order has been successfully processed (“the Order Confirmation”). The contract between us (“the Contract”) will only be formed when we send you the Order Confirmation. The Order Confirmation will contain full details of the Service Provider that will be providing the subscription gift service, the price (including any taxes and other additional charges), the duration of the subscription gift service ordered and the estimated date on which the first subscription gift will be provided.
3.2. If your subscription gift is for access to digital content available online (such as an online magazine subscription), we will require your express request that the digital content is made available to you immediately and that this will constitute a waiver of your statutory right to cancel, as detailed in clause 8 below.
4. Services
4.1. Our Website provides an introductory service to subscription Service Providers. By proceeding to place an order through the Website, you accept that you will also be entering into a separate contract with the Service Provider on their standard terms and conditions. If they are provided to us, we will endeavour (but undertake no liability to do so) to make copies of the Service Provider’s terms and conditions available to you.
4.2. We check the credentials of all Service Providers before they can register as a potential supplier on our Website. However, the final decision regarding their suitability to meet your requirements remains with you.
4.3. The description of the Service we provide is as set out on our Website. In accepting these Terms and Conditions, you acknowledge that you do not rely on any other representations regarding the Services save for those made in writing by us. Images are provided for illustrative purposes only. No descriptions of the Services set out on our Website shall be binding on us and are intended as a guide only.
5. Accounts
5.1. In order to place an order via the Website, you are required to create an Account, which will contain certain personal details about
you. By continuing to use this Website, you represent and warrant that all information you submit is accurate and truthful, you have permission to submit payment information where permission may be required, and you will keep your Account details accurate and up-to-date.
5.2. Sharing of Accounts is not permitted unless we expressly authorise it in writing. You are required to keep your Account details confidential and must not reveal your username and password to anyone. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
5.3. When using our Website and creating an Account, you must not submit content that is unlawful or otherwise objectionable. This includes, but is not limited to, content that is abusive, vulgar, obscene, threatening, harassing, defamatory, ageist, sexist or racist. Any failure to do so could result in the suspension and/or deletion of your Account. Further information and restrictions on the use of the Website is detailed in our Website Terms of Use.
6. Price
6.1. The price of the subscription gift will be as advertised on the Website current at the date of your order, except in the case of obvious error, or such other price as may be agreed in writing between you and us. We are under no obligation to provide the subscription gift to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the price error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.
6.2. In the unlikely event that we have shown incorrect pricing information, we will contact you in writing before proceeding with your order to inform you of the mistake and to ask you how you wish to proceed. We will give you the option to purchase the subscription gift at the correct price or to cancel your order (or the affected part of it). We will not proceed with processing your order until you respond. If we do not receive a response from you within 48 hours, we will treat your order as cancelled and notify you of the same in writing.
6.3. We reserve the right to change our prices and to add, alter or remove subscription gifts available and special offers from time to time and as necessary, however, this will not affect orders already confirmed by us.
6.4. All prices include VAT. If the rate of VAT changes between your order being placed and us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
7. Payment
7.1. Subscription gifts can be ordered for a period of 3, 6, 9 or 12 months. You will be required to pay in full for the duration of the subscription gift service chosen, at the time of placing your order.
7.2. Payment can be made by credit or debit card on our Website using a payment gateway provider, such as PayPal. Payments will go through this payment gateway provider’s website. No credit or debit card information is provided to us and completion of the transaction will be subject to you agreeing to the payment gateway provider’s terms and conditions. A separate contractual relationship will be created between you and the payment gateway provider.
8. Cancellation
8.1. If you are a consumer based within the European Union, you have a statutory right to a “cooling-off” period with respect to the purchase of certain goods and services. This period, if applicable, begins once the contract between us and you is formed (as explained in clause 3) and ends at the end of 14 calendar days after that date.
8.2. If you wish to cancel your subscription gift, you must inform us of your decision within the cooling off period and can do so in any way you wish, however for your convenience, we offer a cancellation form on our Website and will include a link to it with the Order Confirmation. Cancellation by email or by post is effective from the date on which you send us your message. Any payments already made by you will be refunded within 14 days, using the same method you used to place the order, unless you expressly request we make a refund using a different method.
8.3. If the subscription gift services are to begin within the cooling off period, you will be required to make an express request to that effect. By requesting that the subscription gift services begin within the 14 calendar day cooling off period, you acknowledge and agree that if you cancel after provision of the subscription gift services has begun, you will still be required to pay for the subscription gift services provided up until the point at which you inform us that you wish to cancel. The amount due will be calculated and refunded in proportion to the full price of the subscription gift services and the actual services already provided.
8.4. Within the Consumer Rights Act 2015, there are certain exceptions
in which no cooling-off period is required. Please feel free to contact us, or your local Citizens’ Advice Bureau, for further information on this. The exceptions include, but are not limited to, orders for paid digital content made immediately available online (such as an online magazine subscription). If this is the case, then during the ordering process, you will be required to expressly acknowledge that you wish the digital content to be made available immediately. You will also be required to expressly acknowledge that by doing so, you will lose your statutory right to cancel your contract with us as detailed above. Therefore, in this event and where the other exceptions apply, you may not cancel the contract merely because you have changed your mind.
8.5. After the expiry of the cooling-off period detailed in clauses 8.1 and 8.2 (or where no cooling-off period is offered, as detailed in clause 8.4), you may no longer cancel the subscription gift. If you do so, no refunds will be provided and your subscription gift will continue to be provided until the subscription period ordered has expired.
9. Termination
9.1. We reserve the right to terminate your Account and (where relevant) your subscription gift. If we terminate your Account or subscription gift, you will be notified by email and an explanation for the termination will be provided.
9.2. If we terminate your Account as a result of your breach of these Terms and Conditions, you will not be entitled to any refund. Such terminations can be appealed by contacting us in writing.
9.3. If we terminate your Account or subscription gift for any other reason, you will be refunded any remaining balance of your subscription gift fee. Such a refund will be calculated based upon the subscription gift fee being divided by the number of months in the applicable subscription gift period and multiplied by the number of months remaining until the end of the subscription gift period.
9.4. If we terminate your Account or subscription gift, access to any paid digital content will cease from the date of termination.
10. Intellectual Property Rights
10.1. All content on the Website (unless uploaded by Users) including, but not limited to, text, graphics, logos, icons, sound and video clips, data, page layout, underlying code and software is our property. By using the Website you acknowledge that such content is protected by applicable intellectual property laws.
10.2. Our Website is intended for personal use only. You agree that you will not use the Website for commercial purposes under any circumstances and you will not systematically copy content from the Website for any reason whatsoever unless given our express written permission to do so.
11. Liability
11.1. We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
11.2. We only supply our Services for domestic and private use by consumers. We make no warranty or representation that the Services are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
11.3. Nothing in these Terms and Conditions seeks to limit or exclude our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
11.4. Nothing in these Terms and Conditions seeks to exclude or limit your legal rights as a consumer, or any other matter for which it would be illegal for us to exclude, or attempt to exclude, our liability. For more details of your legal rights, please refer to your local Citizens’ Advice Bureau or Trading Standards Office.
12. Communications
12.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. We will contact you by email 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 requirements that such communication be in writing. This condition does not affect your statutory rights.
12.2. Notices shall be deemed to have been duly received and properly served immediately when posted on our Website, 24 hours after an email is sent, or three working 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 the letter was properly addressed to the address provided, stamped and placed in the post and in the case of an email, that the email was sent to the specified email address of the addressee.
13. Privacy and Data Protection
13.1. All personal information that we may collect (including, but not limited to, your name, email address, postal address and telephone number) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act. Please refer to our Privacy Policy for further information.
13.2. We will not pass on your personal information to any third parties (except the Service Provider) without first obtaining your express permission.
14. Events outside our control (Force Majeure)
14.1. We will not be liable or responsible for any failure or delay in performing any of our obligations under this Contract if that failure or delay is caused by any event beyond our reasonable control. Such events include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism or war, governmental action or any other event that is beyond our reasonable control.
15. Other Important Terms
15.1. We may transfer (assign) our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (if, for example, we sell our business). If this occurs, you will be informed by us in writing. Your rights under these Terms and Conditions will not be affected and our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
15.2. You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without our express written permission.
15.3. The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
15.4. If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
15.5. No failure or delay by us in exercising any of our rights under these Terms and Conditions means that we have waived that right, and no waiver by us of a breach of any provision of these Terms and Conditions means that we will waive any subsequent breach of the same or any other provision.
15.6. We may revise these Terms and Conditions from time to time. If we change these Terms and Conditions as they relate to the Contract between you and us, we will give you reasonable advance notice of the changes and provide details of how you may cancel if you are not happy with them.
15.7. These Terms and Conditions, our Website Terms of Use and Privacy Policy, together with any other document expressly referred to in them, represent the entire agreement between us and supersede any prior agreement between us.
16. Complaints
16.1. In the unlikely event that you have reason to complain or experience any problems with your subscription gift or the Services provided by us, please inform us immediately in the first instance, to enable us to take appropriate action.
16.2. If you have raised any complaint with the Service Provider directly, please keep us informed by email so we can investigate and review our policies if necessary.
16.3. If we cannot resolve any dispute between us, we will attempt to resolve it using Alternative Dispute Resolution. You can register a complaint using this link: http://ec.europa.eu/consumers/odr/
17. Law and Jurisdiction
17.1. These Terms and Conditions and the relationship between you and us shall be governed by and construed in accordance with the laws of England and Wales and both parties agree to submit to the exclusive jurisdiction of the courts of England and Wales.