Welcome to Spotty Gift Boxes Limited’s ("Spotty Boxes") terms and conditions ("Conditions"). By entering this website and/or placing an order, you agree to be bound by the Conditions set out below.
- Copyright & Trademarks, Conditions of Website Use
- Contract Formation
- Refusal of Transaction
- Limitation of Liability
- Currency
- Severance
- Waiver
- Entire Agreement
- Law
- Contact
Our Refunds and Returns Policy and Procedures, Delivery Policy and our Privacy Policy as set out on this website shall also be deemed to form part of these Conditions as shall any terms and conditions included in relation to specific products.
Intellectual Property and Conditions of Website Use
You acknowledge and agree that all trademarks, copyright and other intellectual property rights in all content or material supplied as part of this website shall at all times remain vested in Spotty Boxes or our licensors. You are permitted to use this content and material only as expressly authorised by Spotty Boxes or our licensors.
You acknowledge and agree that the content and material contained within this website is made available only for your non-commercial personal use and that you may (if necessary to make a purchase) download such content or material onto only one computer for such purpose. Any other use of the content and material of this website is prohibited. You agree not to (and agree not to facilitate or assist any third party to) reproduce, copy, publish, transmit, display, distribute, create derivative works of or commercially exploit such content and material.
Personal Information
You confirm that any personal information which you provide on registration is true, complete, current and accurate in all respects.
You will notify of any changes to the personal information provided (as amended from time to time) on registration by email or by telephoning 01962 889460.
Indemnity
You agree fully to indemnity Spotty Boxes and hold Spotty Boxes and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of the website, or the use of any other person accessing this website using your shopping account an/or your personal information as referred to above.
Third Party Links
To provide increased value to users of this website, Spotty Boxes may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that as you have chosen to enter the linked website Spotty Boxes is not responsible for the availability of such linked websites or resources and do not endorse or review and are not liable or responsible, directly or indirectly for i) the content of such websites, including (without limitation) an y advertising, content, products, goods or other materials or services on or available from such websites or resources or (ii) the use to which others make of these websites or resources iii) the privacy practices of such websites nor for any damage, loss or offence caused or alleged to be caused by or in connection with, the use of or reliance on any such content, advertising, goods, products or other services and materials available on such external websites or resources.
Contact Formation
The technical steps required to create a contract between you and Spotty Boxes are:
- You place the order for your selected products by pressing the “checkout” button at the end of the check-out process. You will be guided through the process of placing an order by a series of instructions on the website.
- We will send to you and Order Confirmation email detailing the products which you have ordered. This is not an acceptance from Spotty Boxes.
- At the same time as your order is dispatched from our storage unit or warehouse we will send you a dispatch confirmation email.
- Order acceptance and completion of the contract between you and us will take place on the despatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it.
Non-acceptance of an order may be a result of one of the following reasons:
- Our inability to obtain authorisation for your payment
- The identification of a pricing, offer description or product error
- The product(s) you ordered being unavailable from stock
- You not meeting the eligibility to order criteria as set out below
Refusal of Transaction
Spotty Boxes reserves the right to withdraw any products from this website at any time and/or remove or edit any materials or content to this website. Spotty Boxes may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. Spotty Boxes will not be liable to you or any third party by reason of Spotty Boxes withdrawing any product from this website whether or not that product has been sold; removing or editing any materials or content on the website, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Limitation of Liability
While Spotty Boxes will use reasonable endeavours to verify the accuracy of any information which Spotty Boxes places on this website, Spotty Boxes makes no warranties, whether implied or express in relation to its accuracy. This website is provided on an “as available” and “as is” basis without any endorsement or representation made and Spotty Boxes makes no warranties of any kind, whether implied or express or any transaction which may be conducted through or on this website including but not limited to implied warranties of non-infringement, compatibility, security, accuracy, merchantability of products, fitness for purpose of products, conditions of completeness, or any implied warranty arising from the course of usage, dealing or trade. Price and availability information is subject to change without notice.
Spotty Boxes makes no warranty that this website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the service that makes it available are free of bugs or viruses or represents the full accuracy, functionality or reliability of this website.
To the fullest extent permissible under applicable law, Spotty Boxes disclaims any and all warranties of any kind, whether implied or express, in relation to any products displayed or promoted on this website. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights referred to in the section headed “Refunds and Returns”.
Spotty Boxes will not be liable, in tort (including, without limitation, negligence), pre-contract or other representations (other than negligent or fraudulent misrepresentations) or otherwise out of or in connection with the Conditions for:
- any loss of goodwill or reputation: or
- any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions; or
- any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings).
Nothing in the Conditions shall limit or exclude our liability for personal injury or death resulting from Spotty Boxes’ negligence or that of Spotty Boxes’ servants, employees or agents.
Currency
Only payments in Sterling are accepted on this site.
Severance
If any part of the Conditions shall be deemed void, unlawful or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the enforceability and validity of any of the remaining provisions in the Conditions.
Waiver
No waiver by Spotty Boxes shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reasons one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
Entire Agreement
These Conditions govern Spotty Boxes relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Spotty Boxes and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by theses terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.
Law
The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.
Contact
The registered company address of Spotty Gift Boxes Limited is 2 Hinton Fields, Kings Worthy, Winchester SO23 7QB
