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Terms and Conditions

These terms and conditions (hereafter, the Terms and Conditions) are agreed and entered into between YIFT Ltd, a company registered in England, under company number 13342061, having its registered address at 12 Meon Way, Wolverhampton, England, WV11 2QT (hereafter, YIFT or we, us, our), and you (hereafter, Customers, or you), as a buyer of products on our website.

  1. 1. Background

YIFT operates a specialist marketplace in the field of gifts (the Marketplace) available at www.yiftuk.com and any other sales channels as decided by YIFT from time to time. The Marketplace brings together consumers acting in a non-professional capacity and retailers of gifts and boutique items (the Products) who are registered to sell on the Marketplace (the Sellers), in order to allow Customers to purchase from Sellers through the Marketplace.

  1. Scope of application

2.1. These Terms and Conditions define the conditions under which Customers, who acknowledge they have the capacity to and wish to, enter into a contract for the purchase of Products from a Seller via the Marketplace.

2.2. These Terms and Conditions do not govern the relationship between Sellers and YIFT, with such conditions being set out and entered into in YIFT’s Partner Agreement (hereafter the Partner Agreement).

2.3. To make purchase, you will be required to follow the order process on the Marketplace and submit your request to us (Order). Only the Seller, whose name is indicated on the description of each Product and in the confirmation of each Order, is the contracting party with the Customer for the purchase of said Products. Without prejudice to your statutory rights, the Products cannot therefore be returned or exchanged by YIFT. For the avoidance of doubt, all queries and requests for exchanges, refunds or returns are the sole responsibility of the Seller of the Product that is the subject of such a query or request. In addition, Sellers are under no obligation to accept returns or exchanges of the Products, save for where required to do so under applicable consumer rights laws. For more information on cancellation, see clause 10 (Summary of your legal rights).

2.4. YIFT is not the seller of the Products, and the legal contract for sale of the Products shall at all times remain between the Sellers and the Customers. YIFT is not a party to such sales contract. However, YIFT has been authorised by the respective Sellers on the Marketplace and on each Seller’s behalf, to facilitate the conclusion of contracts for sale between the relevant Seller and you.

2.5. These Terms and Conditions govern the sale and purchase of Products between the Customers and the Sellers through the Marketplace and must be accepted by the Customers in order to use the services of the Marketplace.

2.6. These Terms and Conditions shall be deemed to be accepted through receipt of acknowledgement from the Customer at the time of the creation of their account on the Marketplace, and each time the Customer purchases Product(s) through the Marketplace, when the Customer ticks the relevant box confirming their acceptance of these Terms and Conditions.

2.7. These Terms and Conditions are available at any time on the Marketplace and will prevail, if necessary, over any other version or any other contradictory document or contract, whether or not YIFT is party to or author of such a contradictory document or contract.

2.8. These Terms and Conditions can be changed by YIFT at any time, and without the need for prior approval by Customers. Any updates shall be published on the Marketplace. The modifications of these Terms and Conditions are enforceable as from their publishing on the Marketplace and cannot apply to the transactions concluded previously. It is the sole responsibility of the Customers to ensure they are aware of the latest version in force at all material times.

  1. Products offered for sale on the Marketplace

3.1. Each Product offered for sale on the Marketplace is required to have a Product Listing provided by the Seller. These Product Listings must include imagery of the Products and all necessary information about the Products. This will depend on the product and could include size and dimensions, colour, ABV (alcohol by volume), allergens, classification as vegan or vegetarian, organic, place of origin, or any other such important information, in order to allow You to know the main specifications of the Products.

3.2. You are obliged to read the Product Listing carefully before placing an Order for a Product(s) and to the maximum extent such liability can be excluded under applicable law:

3.2.1. YIFT and Sellers shall bear no liability for your failure to read such Product Listings; and 3.2.2. YIFT shall have no liability for the content of any such Product Listings, the contents of which are the sole responsibility of the Sellers.

3.3. The choice and selection of a Product, and your decision to purchase or not to purchase a Product is in your sole discretion and under your sole responsibility.

3.4. Whilst we require that the photographs and graphics shown on the Marketplace by Sellers are accurate, and we use all commercially reasonable efforts to ensure this is respected by Sellers, such photographs and graphics are still only for illustrative purposes and are not contractual. Any differences between the photographs and graphics on the Marketplace and the Products received by You will not, to the maximum extent permitted under applicable law, engage YIFT’s liability in any way.

3.5. You are required to refer to the Product Listing of each Product in order to become aware of the Product’s properties, essential features and delivery times for that Product. This contractual information is displayed in English and will be confirmed again when you validate your Order.

3.6. In the event of an Order to a country other than within the United Kingdom mainland, you are deemed to be the importer of the relevant Product(s). Customs duties or other local taxes or import duties or any state taxes may be due on such Product(s), which will be charged to you and are your sole responsibility.

  1. Availability of Products

4.1. The availability of Products is always subject to the availability of stock with Sellers, and such availability shall be confirmed to you prior to the placing of your Order.

4.2. YIFT shall in no way be responsible or liable for any diminutions or lack of stock of any Products.

4.3. Special offers on Products are only available at the sole discretion of Sellers and/or YIFT, and could be subject to a specific duration or limited number of Orders. You should always ensure that you read, understand and accept the conditions of any special offers prior to placing your Order.

  1. Orders

5.1. Placing the Order:

5.1.1. You will be able to check the details of your Order as well as its total price and to correct any errors before you proceed to purchase.

5.1.2. It is your responsibility to check the accuracy of your Order(s) and to report or correct any errors immediately.

5.1.3. Your Order is placed on the Marketplace when you accept these Terms and Conditions by checking the box provided for this purpose and validate your Order. This validation implies the acceptance of these Terms and Conditions.

5.1.4. An email confirming receipt of your Order will be sent to the email address indicated by You on the checkout page or in your account by YIFT. The Seller of the selected Product(s) will be informed by YIFT of your Order.

5.1.5. Your purchase is final only after confirmation of receipt of your payment in cleared funds, the availability of the Product(s) and when the acceptance of the Order by the Seller(s) is sent to you by email.

5.1.6. The Seller reserves the right to refuse an Order or to carry out an Order or to proceed to delivery if you are in breach of these Terms and Conditions, are under the age of 18 for any restricted Products, if the Product is no longer available, if you have not paid for this Order or any previous Order (in whole or part, or if there is a pending dispute between you and YIFT or between you and the Seller).

5.2. Amendments to your Order:

5.2.1. Once your Order has been confirmed and accepted by the Seller pursuant to the process set out at clause 5.1 above, the Order cannot be modified, unless otherwise agreed with the Seller and indicated in the email confirmation of your Order. This is without prejudice to your statutory rights.

5.3. Cancellation of your Order:

5.3.1. Once confirmed and accepted by the Seller pursuant to this clause 5, the Order cannot be cancelled, except in the event of statutory rights (as further described below at clause 10) or in the event of force majeure.

  1. Prices

6.1. The Products are supplied at the prices freely set by the Sellers and appearing in the Product Listings for each Product.

6.2. All prices are indicated in GBP. All prices are inclusive of tax and VAT but not delivery costs which must be paid in addition to the Product price and will be indicated at the check-out section of the Marketplace.

6.3. Delivery costs for each Product will be added to the basket total when you validate your Order. These costs are set by the Seller and/or YIFT (as specified in the Product Listing). You must ensure you agree with any delivery costs and by proceeding to the placement of your Order, you will be deemed to have accepted such delivery costs.

6.4. An invoice will be issued by the Seller(s) and given to you upon delivery of the ordered Products, which shall take the form of a VAT invoice where applicable.

  1. Payment

7.1. The purchase price, any VAT or sales taxes and any delivery costs are collected our Third Party Payment Provider (as defined at clause 7.2 below), which will collect such amounts in the name and on behalf of the Seller, in full on the day you place your Order.

7.2. Payments may be made by way of secure payment, through the use of the third-party payment Marketplace made available to you by YIFT on the Marketplace which is currently Stripe (Third Party Payment Provider).

7.3. You warrant that you have read, understood and agree to be bound by the Third Party Payment Provider’s terms and conditions available here: https://stripe.com/gb/checkout/legal or the terms of use of other third party payment provider or portals or other payment methods from time to time, that will be available on the Third Party Payment Provider’s website and other payment portal websites.

7.4. By making a payment using the Third Party Payment Provider, you authorise us to enter into the Third Party Payment Provider’s terms and conditions on your behalf of the purposes of allowing you to benefit from the Third Party Payment Provider’s services. This agreement is between you and the Third Party Payment Provider.

7.5. You agree that the Third Party Payment Provider will transfer all payments received from you to the Seller, save in respect of our commission and any other logistical fees due to us for providing the Marketplace and associated services, which will be paid to us by the Third Party Payment Provider.

7.6. The payments You make will be considered as final only after effective collection of the amounts due by the Third Party Payment Provider, in the name and on behalf of the Seller.

  1. Delivery

8.1. The Products you ordered will be delivered within the United Kingdom mainland within the delivery time indicated in the Product Listing, plus any additional time required for processing and delivering to the address you have indicated when ordering on the Marketplace.

8.2. The delivery of the Product(s) takes place when you are deemed to have physical possession or control of the Product(s).

8.3. Unless expressly specified, or when one or more Products are unavailable, the Products ordered from one Seller shall be delivered in one package. If you buy from multiple Sellers, Products may be delivered in different packages and may be subject to different delivery times. You must always read the applicable Product Listing for the delivery details and the identity of the Seller.

8.4. The Seller will use all commercially reasonable efforts to deliver the Products you ordered within the time limits specified above. However, these timelines are for information purposes only.

8.5. If the Products ordered have not been delivered within a period of 7 days after the anticipated delivery date, for any reason other than a force majeure event or due to your own acts or omissions, the sale may be cancelled at your written request in accordance with applicable consumer laws (as further set out at clause 10 below), without compensation to you, when:

8.5.1. the Seller has refused to deliver the Products; 8.5.2. delivery within the delivery timeframe was essential (taking into account all the relevant circumstances); or 8.5.3. you told us before your Order was accepted that delivery within a specific delivery timeframe was essential.

8.6. If the delivered Product is not of satisfactory quality or does not comply with the Product Listing, the Seller will be solely responsible for remedying or reimbursing you for the Product, as indicated by the Seller in the Product Listing or as required by your statutory rights (see clause 10 below).

8.7. The Seller assumes the risks of transport and is obliged to reimburse you in the event of any damage caused to the Products during transport.

8.8. Deliveries are made by an independent carrier to the address given by you at the time of the Order and to which the carrier has easy access.

8.9. When you have chosen a carrier, delivery shall be deemed to have been made as soon as the Products ordered have been handed over by the Seller to the carrier, who has accepted them without reservation. You therefore acknowledge that it is the carrier’s responsibility to make the delivery and shall have no recourse against the Seller in the event of failure to deliver the Products transported.

8.10. If you have a special request for the conditions of packaging or transport of the Products you ordered, duly accepted in writing by the Seller, the costs related thereto shall be the subject of a specific additional invoice, on the basis of an estimate previously accepted in writing by you.

8.11. If you do not raise an issue related to the Products within 48 hours of receiving the Products, and without prejudice to the provisions of applicable consumer laws, the Products will be deemed to have been received and accepted by you without reservation.

8.12. You are required to check the condition of the Products delivered. You have a period of 48 hours from the date of delivery to provide any reservation or claim for non-conformity or apparent defect of the delivered Products (for example damaged package, package already opened), with all the related documents (including photographs).

8.13. After this 48-hour period and if you do not respect the process in clause 8.12, the Products will be deemed to be conform, and free of any apparent defect and no claim will be validly accepted by the Seller.

8.14. As soon as possible, at its own expense and where required to do so, the Seller shall refund and/or replace any Products when any non-conform or apparent or hidden defects have been duly shown by you in accordance with this clause 8, and in accordance with and subject to applicable consumer laws.

  1. Transfer of ownership and risk

9.1. Transfer of ownership of the Seller’s Products to you will only occur after full payment of the price by You has been made in accordance with these Terms and Conditions, regardless of the delivery date of such Products.

9.2. Unless clause 8.9 applies and regardless of the date on which transfer of ownership of the Products occurs, the transfer of risk for loss and deterioration of the Products shall only occur when you take physical possession of the Products. Unless clause 8.9 applies, the Products are therefore transported at the Seller’s risk.

  1. Summary of your legal rights

10.1. Sellers are under a legal duty to supply Products that conform and are in accordance with the Product Listing and these Terms and Conditions.

10.2. This clause 10 summarises your key legal rights in relation to the Products. Nothing in these Terms and Conditions will affect your statutory rights.

10.3. Your key legal rights set out in this clause a summary only and are subject to certain exceptions. For detailed information please visit the Citizens Advice website at: www.adviceguide.org.uk.

10.4. According to the Consumer Rights Act 2015, since your Products are goods, they are subject to the following requirements: they must be as described, fit for purpose and of satisfactory quality. If your Products are consumables (food or drinks), the Seller must include any mandatory nutrition labelling on pre-packaged food or drinks such as: (a) country of origin labelling; (b) date marking; (c) clarity and legibility of food and drinks information (including alcohol content). This is the Seller’s sole responsibility when they upload a Product Listing and offer Products for sale on the Marketplace.

10.5. According to the Consumer Contracts Regulations 2013, you have a right to change your mind. For most Products bought online you have a legal right to change your mind within fourteen (14) days and receive a refund. These rights are explained in more detail below at clause 10.6 and are strictly subject to clause 10.12.

10.6. In accordance with the legal provisions in force and strictly subject to clause 10.12, you generally have a period of fourteen (14) days from the receipt of the Product to exercise your right of withdrawal with the Seller, without having to justify your reasons or to pay any penalty, for the purpose of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within fourteen (14) days from the notification to the Seller of your decision to withdraw.

10.7. All returns are to be made in their original state and must be complete (packaging, accessories, instructions), thus allowing them to be re-sold. They must be accompanied by the purchase invoice or a copy thereof.

10.8. Damaged, soiled, opened or incomplete Products will not be accepted.

10.9. The right of withdrawal can be exercised online, by cancelling your Order through your account on the Marketplace. YIFT will then promptly inform the Seller of the cancellation.

10.10. In the event that the right of withdrawal is exercised within the aforementioned 14-day period, only the purchase price of the Product(s) shall be reimbursed to you, provided the refund is accepted by the Seller. The refund will expressly exclude any delivery costs. The cost of returning the Product(s) shall be borne by you.

10.11. Where your withdrawal is valid and accepted by the Seller, any refund will be made within fourteen (14) days from the date on which the Seller was notified of your withdrawal decision, directly by the Third Party Payment Provider), in the name and on behalf of the Seller, by crediting your bank account or account with the Third Party Payment Provider (as applicable).

10.12. In accordance with Consumer Contract Regulations, you cannot exercise this right of withdrawal in certain cases such as:

10.12.1. where the Seller supplied and manufactured the Products according to your specifications; 10.12.2. for Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; or 10.12.3. if the Products are liable to deteriorate or expire rapidly. In these specific cases set out in this Section 10.12, the aforementioned 14-day period does not apply and, unless agreed with the Seller, you will have no right to cancel. The Seller will mention this in the Product Listing which you must carefully review prior to purchase.

  1. Liability

11.1. Without prejudice to clauses 11.2 or 11.3 below, and except for any legal responsibility that we or a Seller cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, neither YIFT nor any Seller are legally responsible for any losses that were not caused by any breach by either YIFT and/or any Seller or any indirect and consequential losses.

11.2. Sellers’ liability to you

11.2.1. Subject to clause 11.1, the Sellers are responsible to you for foreseeable loss and damage caused by them. If the Sellers fail to comply with these Terms and Conditions, the contract of sale with you for your purchase of a Product, they are responsible for loss or damage you suffer that is a foreseeable result of them breaking these Terms and Conditions and/or the contract of sale with you for your purchase of a Product, or their failing to use reasonable care and skill, but they are not responsible for any loss or damage that is not foreseeable.

11.2.2. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both the Seller and you knew it might happen, for example, if you discussed it with the Seller during the sales process. This does not apply to the Seller’s liability to you where liability cannot be excluded under applicable law or for their breach of your legal rights in relation to the Products including the right to receive Products which are: as described and match information provided to you in the relevant Product Listing (and any sample or model seen or examined by you, where applicable); of satisfactory quality; fit for any particular purpose made known to the Seller; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987.

11.2.3. The Sellers are not liable for business losses. The Seller’s Product Listings are for sales of Products for domestic and private use only.

11.3. YIFT’s liability to you

11.3.1. Subject to clause 11.1, we are responsible to you for foreseeable loss and damage caused by us.

11.3.2. We exclude all liability to you to the extent possible under applicable laws. We are not responsible for any loss or damage that is not foreseeable.

11.3.3. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, for fraud or fraudulent misrepresentation.

11.3.4. We are not liable for business losses. We only supply the Marketplace to display Seller’s Products for sale for domestic and private use.

11.3.5. If you use the Products for any commercial, business or re-sale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

11.3.6. YIFT’s liability to you shall not exceed 100% of the value of the Order to which any liability relates.

  1. Force majeure

12.1. We are not responsible for delays outside our control.

12.2. No party is responsible for an event outside their control. In this case, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, neither we nor the Sellers will be liable for delays caused by the event. If there is a reasonable risk of substantial delay due to a force majeure event, you may contact us to end the contract and receive a refund for any Products you have paid for but not received.

  1. Applicable law and Resolving Disputes

13.1. These Terms and Conditions are governed by English law.

13.2. Whilst we hope to resolve any issue you may have with YIFT or any Seller amicably by contacting us via the relevant form on the Marketplace or by sending an email to info@yift.org.uk, you are able to bring legal proceedings in respect of the Products in the courts as follows:

13.2.1. If you live in England, you can bring legal proceedings in respect of the Products in the English courts.

13.2.2. If you live in Scotland, you can bring legal proceedings in respect of the Products in either the Scottish or the English courts.

13.2.3. If you live in Northern Ireland, you can bring legal proceedings in respect of the Products in either the Northern Irish or the English courts.

These Terms and Conditions were last updated on 11th August August 2021

 

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