Terms & Conditions
Welcome to our website www.blueberrygifts.co.uk (referred to as Site). As a user of this Site (referred to as you / your) you acknowledge that any use of this website including any transactions you make (use / using) is subject to our terms and conditions below. Please read these terms and conditions carefully before using this Site. We recommend that you print a copy for future reference. If you do not agree to be legally bound by all the following terms and conditions, please do not use this Site.
No part of this Web Site is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.
1 Definitions And Interpretation
In this Agreement the following terms shall have the following meanings:
means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Web Site;
means any third party responsible for transporting purchased Goods from our Premises to customers;
means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
means any products that Blueberry Gifts advertises and / or makes available for sale through this Web Site;
means collectively any online facilities, tools, services or information that Blueberry Gifts makes available through the Web Site either now or in the future;
means any details required for the purchase of Goods from this Web Site. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;
Means our place(s) of business located at 59 High Street, Musselburgh, EH21 7AB
means any online communications infrastructure that Blueberry Gifts makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
User / Users
means any third party that accesses the Web Site and is not employed by Blueberry Gifts and acting in the course of their employment; and
means the website that you are currently using (www.blueberrygifts.co.uk) and any sub-domains of this site (e.g. subdomain.www.blueberrygifts.co.uk)) unless expressly excluded by their own terms and conditions.
2 Age Restrictions
Persons under the age of 18 should use this Web Site only with the supervision or permission of an Adult. Payment Information must be provided by or with the permission of an Adult.
3 Business Customers
These Terms and Conditions also apply to customers buying Goods in the course of business.
4 International Customers
If Goods are being ordered from outside Blueberry Gifts's country of residence, import duties and taxes may be incurred once your Goods reach their destination. Blueberry Gifts is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and Blueberry Gifts cannot guarantee that the packaging of your Goods will be free of signs of tampering.
5 Intellectual Property
5.1 Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Blueberry Gifts, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Blueberry Gifts.
5.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Blueberry Gifts.
6 Third Party Intellectual Property
6.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
6.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.
7 Fair Use Of Intellectual Property
Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
8 Links To Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Blueberry Gifts or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
9 Links To This Web Site
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.blueberrygifts.co.uk without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Blueberry Gifts. To find out more please contact us via the contact form.
10 Use Of Communications Facilities
10.1 When using the enquiry form or any other System on the Web Site you should do so in accordance with the following rules:
- You must not use obscene or vulgar language;
- You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
- You must not submit Content that is intended to promote or incite violence;
- It is advised that submissions are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;
- You must not impersonate other people, particularly employees and representatives of Blueberry Gifts or our affiliates; and
- You must not use our System for unauthorised mass-communication such as spam or junk mail.
10.2 You acknowledge that Blueberry Gifts reserves the right to monitor any and all communications made to us or using our System.
11.1 In order to purchase Goods on this Web Site you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Web Site as we may not require payment information until you wish to make a purchase. By continuing to use this Web Site 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 this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation and warranty.
11.2 It is recommended that you do not share your Account details, particularly your password. Blueberry Gifts accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
11.3 If you have reason to believe that your Account details have been obtained by another without consent, you should contact Blueberry Gifts immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, Blueberry Gifts accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.
12 Termination And Cancellation
12.1 Either Blueberry Gifts or you may terminate your Account. If Blueberry Gifts terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
12.2 If Blueberry Gifts terminates your Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.
12.3 Blueberry Gifts reserves the right to cancel purchases without stating reasons, for any reason prior to dispatch.
12.4 If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases.
12.5 If you terminate your Account any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases.
13 Goods, Pricing And Availability
13.1 Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from Blueberry Gifts correspond to the actual Goods, Blueberry Gifts is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 15.1 for incorrect Goods.
13.2 Where appropriate, you may be required to select the required size / colour / number / other features of the Goods that you are purchasing.
13.3 Blueberry Gifts does not represent or warrant that such Goods will be available. Stock indications are not provided on the Web Site.
13.4 All pricing information on the Web Site is correct at the time of going online. Blueberry Gifts reserves the right to change prices and alter or remove any special offers from time to time and as necessary.
13.5 In the event that prices are changed during the period between an order being placed for Goods and Blueberry Gifts processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;
13.6 All prices on the Web Site include VAT.
13.7 Promotional codes are to be used not in conjunction with any other offer. Sale items are excluded from offers. These offers are not for resale or publication and only apply to personal orders with all orders being subject to acceptance under Blueberry Gifts's standard terms and conditions.
14.1 Blueberry Gifts will notify you by way of email when your goods are to be dispatched to you. The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you.
15 Returns Policy
Blueberry Gifts aims to always provide high quality Goods that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions.
15.1 If you receive Goods which do not match those that you ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact us within 24 hours to arrange collection and return. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods. Refunds and replacements will be issued upon our receipt of the returned Goods.
15.2 Please ensure you thoroughly check your items for any damage at the point of delivery. Once goods are accepted from the courier signed or not signed for no responsibility can be taken by Blueberry Gifts for any loss or damage whatsoever. In the unusual event that your item arrives damaged, please do not accept the delivery and call us for a replacement. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
15.3 You have a statutory right to a cooling off period. This period begins once your order is complete and ends 7 days after the Goods have been delivered. Goods can only be returned for this reason if goods are still in good condition and packaging intact. You are responsible for paying shipment costs if Goods are returned for this reason.
17.1 Blueberry Gifts makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
17.2 No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
17.3 No part of this Web Site is intended to constitute a contractual offer capable of acceptance.
18 Changes To The Service And These Terms And Conditions
Blueberry Gifts reserves the right to change the Web Site, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Web Site following the changes. If Blueberry Gifts is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
19 Availability Of The Web Site
The Service is provided as is and on an as available basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
Blueberry Gifts accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
20 Limitation Of Liability
20.1 Our liability for losses you suffer as a result of us breaching the contract is strictly limited to the purchase price of the product you purchased.
20.2 Nothing in these Terms and Conditions excludes or restricts Blueberry Gifts's liability for death or personal injury resulting from any negligence or fraud on the part of Blueberry Gifts.
20.3 Nothing in these Terms and Conditions excludes or restricts Blueberry Gifts's liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Web Site.
20.4 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
20.5 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings or loss of data however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
21. Gift Card Terms & Conditions
Blueberry Gifts reserves the right to update and change the terms and conditions of our Blueberry Gifts gift cards at any time. This does not affect your legal rights. Use of your Blueberry Gifts gift card constitutes acceptance of our Terms and Conditions and we therefore recommend you read them carefully. Blueberry Gifts gift cards remain the property of Blueberry Gifts who maintains the right to cancel the card in situations where it is deemed necessary to do so.
The value of your Blueberry Gifts gift card can be redeemed in any Blueberry Gifts Stores in the UK, or online at www.blueberrygifts.co.uk. The gift card balance cannot be exchanged for cash or redeemed against the purchase of another card.
Lost/ Stolen/ Damaged
In cases where your Blueberry Gifts gift card is lost or stolen, Blueberry Gifts is unable to replace or reimburse the remaining balance on a card. Blueberry Gifts cannot be held responsible for the any balance lost on a Blueberry Gifts gift card as a result of theft or fraud. Blueberry Gifts cannot be held responsible for any unauthorised use where the card number have become known to another party.
Should your Blueberry Gifts gift card become damaged, Blueberry Gifts will be able to replace the card providing you still have the card in your possession and the necessary details can be obtained.
Crediting a Blueberry Gifts gift card
Should you return product(s) purchased using a Blueberry Gifts gift card for an exchange of a lesser value, any refund amount due will be credited to the original method of payment. In the event that you may have discarded your Blueberry Gifts gift card, a new Card will be issued to you with the refund amount applied.
If a partial refund is made for any purchase using a Blueberry Gifts gift card and another method of payment, then any refund amount owing will be credited to the Blueberry Gifts gift card in the first instance.
If the total to be refunded is more than originally paid by Blueberry Gifts gift card, then any remaining refund balance will be refunded to the other method of payment used (debit/credit card or cash).
Governing Law and jurisdiction
These conditions are governed by and construed in accordance with the laws of Scotland. You agree, as we do, to submit to the non-exclusive jurisdiction of the Scottish courts.
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
Previous Terms And Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
All notices / communications shall be given to us either by post to our Premises (see address above) or via our contact form. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
Law And Jurisdiction
These terms and conditions and the relationship between you and Blueberry Gifts shall be governed by and construed in accordance with the Law of Scotland and Blueberry Gifts and you agree to submit to the exclusive jurisdiction of the Courts of Scotland.